2023 Legislative Update 5

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2023 Legislative Update 5

February 12, 2023

2023 Legislative Update 5

Week 5

February 6 - February 10

This week in Topeka, legislation was introduced addressing a slew of critical issues including health care affordability and access; property tax cuts for homeowners and families which includes a constitutional amendment; legalizing adult-use recreational cannabis and providing for ‘cannabis amnesty’ penalizing irresponsible pipeline operators, restoring local control for prevailing wage and more!

Public education committees continue to boil over with controversial legislation on vouchers and so-called school choice. And the Lesser Prairie Chicken -- the GOP’s favorite distraction -- is back in the spotlight.

Thank you to the KCK Public Library and the League of Women Voters for sponsoring a Legislative Coffee on Saturday at the main branch library. Representatives Winn, Oropeza, Robinson and I participated in the forum. Thank you to those that attended. We appreciated the thoughtful questions and discussion. Another Legislative Coffee is scheduled for March 25th at the Bonner Springs City Library.

I want to thank the members of the Clean Slate Coalition that have been working on this legislation for the past 4 years. It is because of their effort and preservice that we have been able to gain support and momentum for this measure.

Restore Local Control for Prevailing Wage!

Working to build support behind restoring local control for the purposes of requiring prevailing wage be paid on local public construction projects. HB 2348, introduced with 38 co-sponsors, would restore local control, meaning that it would be optional and at the discretion of local communities to require prevailing wage be paid if they deem appropriate.

Prevailing wage is the hourly wage, usual benefits, and overtime, paid in the largest city in each county to the majority of workers, laborers, and mechanics. Prevailing wages are established by the Department of Labor & Industries, they are established separately for each county, and are reflective of local wage conditions.

In 1891, Kansas was the first state to pass a “prevailing wage” for its own public works projects with other states following our lead. Unfortunately, in 2013, despite overwhelming opposition from local units of government, the Legislature imposed an unnecessary and unwelcome intrusion in local affairs and violated the spirit of Home Rule for cities, a guarantee in the Kansas Constitution. HB 2348 undoes that action and restores local control to allow local units of government to decide what is best for their communities.

Education Hits a Boiling Point

HB 2218 is an expansion of anti-public education voucher programs. Like voucher programs in years past, HB 2218 funnels taxpayer money into unaccredited private and parochial schools without any oversight or restriction.

What do you need to know about HB 2218?

The bill creates a board of 10 members with nine voting members and one non-voting member that would distribute taxpayer dollars for use in private and parochial schools.

The board -- which is designed to be unelected and nonpublic -- would direct the state treasurer to administer the program. These administrative costs alone are an annual $8.1 million per year -- 5% of the aid given to each student. At every step HB 2218 siphons money away from students, communities, and schools.

The Sunflower State Journal further broke down the financial impact, “The fiscal analysis indicates that for every 1% of the state’s 484,000 public school students participating in the program, or 4,840 students, about $24.6 million would be transferred out of the state budget to pay for private-school tuition.”

The bill would allow parents to obtain about $5,000 from public school funds or use in covering private school or homeschool costs. There are no guidelines mandating the funds go to traditionally accredited schools.

Due to the fiscal irresponsibility, academic questionability, and inequitable provisions in the bill, HB 2218 was opposed by numerous pro-public education advocacy groups including the Kansas National Association of Education the Kansas Association of School Boards, public school officials, and several Kansas State Board of Education members during a Monday hearing of the House K-12 Education Budget Committee.

One opponent, whose child utilizes special education programs in public schools, was clear: “You will be pulling vital resources from the kids who need it.”

Another controversial bill, HB 2236, lays the groundwork for extensive classroom censorship under the guise of a “parental bill of rights.” Similar legislation was brought forward last year where dozens of teachers, parents, students, school administrators, and more testified in opposition to the bill calling it legislative overreach. Ultimately, Governor Kelly vetoed the bill.

Keeping Homeowners in Their Homes: Property Tax Relief Proposals

Kansas homeowners have been clear about the need property tax relief. I joined with other House Democratic Representatives in introducing a proposal that takes aim at the unfair and burdensome residential property taxes shouldered by homeowners. The plan is expected to save Kansans nearly $700 million annually.

1. Offer an amendment to the Kansas Constitution to reduce the assessment level of Residential Property from 11.5% to 9%.

When the property tax classification amendment to the Kansas Constitution (Article 11, Section 1) was amended in 1992, residential assessed valuation represented 35% of the tax base statewide. In the last 30 years that percentage of the tax base has grown to an astonishing 54%. The time has arrived for some relief to be extended to homeowners. We propose the voters of Kansas be offered an amendment to the Kansas Constitution lowering the assessment rate for residential property from 11.5% to 9%.

Even with this reduction, residential property will still contribute an estimated 48% of the total property taxes in the state.

2. Replenish and enhance the Local Ad Valorem Tax Reduction Fund (LAVTRF).

The LAVTRF was established so that the State of Kansas would provide direct funding to local units of government for the express purpose of providing property tax relief to property owners. However, for the last twenty years the State has consistently failed to do so. We propose that the LAVTRF be replenished with the annual $54,000,000 required by law (K.S.A. 79-2959) and, for the next four years, enhanced by an equal annual amount of $54,000,000.

3. Amend K.S.A. 79-201x raising the residential property exemption from the statewide school mill levy to $65,000.

In the last legislative session, we raised the residential property exemption for the 20 mill USD general fund levy from $20,000 to $40,000. This resulted in an estimated average property tax reduction of $46 per home.

We propose raising this exemption again—this time from $40,000 to $65,000.

With this change, Property Valuation (PVD) indicates that receipts to the State School District Finance Fund would be expected to decrease by about $55 million, an amount that would be made up through additional appropriations to ensure schools stay fully funded.

Putting a Cap on Insulin & Diabetes Devices

HB 2347, introduced to help curtail the financial impact of caring for diabetes. It caps the cost of insulin and insulin products for Kansans at $35 per month. The cap would apply to people with or without insurance, with the only exception for those on Medicaid or Medicare because federal insurance already has protective provisions in place for diabetes patients.

According to the American Diabetes Association:

Approximately 255,215 people in Kansas, or 11.4% of the adult population, have diagnosed diabetes. Every year an additional estimated 17,314 people in Kansas are diagnosed with diabetes.

An additional 66,000 people in Kansas have diabetes but don’t know it, greatly increasing their health risk.

Total direct medical expenses for diagnosed diabetes in Kansas were estimated at $1.7 billion in 2017.

Cannabis Legislation

Two pieces of cannabis-related legislation were introduced this week in the House: HB 2363 and HB 2367.

HB 2363 -- “cannabis amnesty” anyone serving probation, parole, prison or jail sentences, along with other cannabis-related sentencing, would be immediately released. The bill also effectively ends any future prosecution and incarceration for nonviolent crimes related to cannabis use or possession.

HB 2367 creates the adult-use cannabis regulation act. This bill regulates the cultivation, manufacturing, possession, and sale of recreational cannabis in Kansas

Kansans across the state have repeatedly pointed to the economic, health, tourist, and recreational benefits of legalizing recreational and medical access to marijuana. The Kansas House passed the policy in 2021 however it died in the Senate.

Juneteenth

HB 2341 was introduced to create the Juneteenth National Independence Day. Celebrated on June 19th, Juneteenth commemorates the emancipation of enslaved people in the United States.

Indigenous Peoples Day

HB 2374 to designate the second Monday in October as Indigenous Peoples Day. The bill also includes a recognition that Kansas is founded and built on lands first inhabited by the Indigenous Peoples of the region. Several other states including Alaska, Hawaii, Maine, New Mexico, Oregon, South Dakota, and Vermont have replaced Columbus Day with Indigenous Peoples Day.

Pipeline Problems

The week HB 2327, a bill to immediately end property tax exemptions if an oil or natural gas pipeline has a spill or leak was introduced. Inspired by the disastrous Keystone pipeline leak that made national headlines in December, state representatives are demanding accountability.

Rep. Rui Xu, a lead cosponsor of HB 2327, said “If you want state dollars to do a project, then you have to prove to be good stewards of our state’s land. A spill like the Keystone spill obviously does not satisfy that.”

GOP Chickens Vote on the Lesser Prairie Chicken

The Lesser Prairie Chicken, a fixture of #ksleg politics, is back in the spotlight after federal involvement.

On Thursday, House Republicans voted to condemn the United States Fish and Wildlife Service for designating the Lesser Prairie Chicken as a threatened species in Kansas. The species is a Kansas treasure. Without federal protections, the chicken is at risk of further endangerment.

From the House Floor

HB 2070: Allowing certain nondrug offenders to participate in a certified drug abuse treatment program. Final Action, Passed 123-0.
HB 2069: Providing that the service of post-release supervision period shall not toll except as otherwise provided by law. Final Action, Passed 123-0.
HB 2042: Authorizing towing by self-storage unit operators of motor vehicles, watercraft or trailers for nonpayment of rent or abandonment and providing for notice to occupants, a right of redemption prior to towing and liability protection for operators. Final Action, Passed 123-0.
HB 2033: Changing the criteria used to refer and admit juveniles to a juvenile crisis intervention center. Final Action, Passed 123-0.
HB 2010: Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime. Final Action, Passed 118-0.
HB 2065: Allowing a court to change a spouse's name to a name that is different than a maiden or former name during a divorce proceeding. Final Action, Passed 118-0.
HB 2014: Designating a portion of United States Highway 69 in Crawford County as the Robert Lessen Memorial Highway. Final Action, Passed 118-0.