Seven most surprising moves this legislative session in Kansas

The Legislature reached “turnaround” this past week, the midpoint in the session and the deadline for many bills to pass one chamber or get sidelined until next year. Although the most significant work still lies ahead, here is a look at some of the most surprising moments of the session so far.

1. Governor cuts school funding midsession and midschool year

Gov. Sam Brownback promised repeatedly during the fall campaign to safeguard education funding. He promised again when he announced initial budget adjustments in December. But when the state’s budget gap widened in February, he cut university and K-12 school funding by a combined $45 million. He and other conservatives called it less of an increase in funding; districts said it was difficult to learn midyear that they would get less money than they had budgeted for.

The move came as a shock to moderate Republicans, who had supported the governor’s initial budget fix, including sweeping money from the highway fund, with the understanding that K-12 funding would be protected. Rep. Don Hineman, R-Dighton, said he would not have voted for the initial fix had he known the governor would cut schools’ current budgets a day later.

2. Brownback rescinds workplace protection for LGBT state workers

The governor’s decision to undo a protection put in place by Gov. Kathleen Sebelius for gay, lesbian, bisexual and transgender state workers gained national attention and caught lawmakers off guard. House Speaker Ray Merrick, R-Stilwell, distanced himself from the move, telling The Eagle that he was not informed ahead of time, had no input and had no opinion on the governor’s executive order.

3. Bipartisan consensus builds on teacher contracts

One of the most contentious debates focused on teacher contract negotiations. A proposal backed by the Kansas Policy Institute that would have severely limited bargaining appeared to have traction. But Democrats and Republicans agreed to amend bills to more closely resemble a compromise backed by the Kansas Association of School Boards and the Kansas National Education Association, the state’s largest teachers union.

4. Senate rejects Brownback’s prescription drugs bill

The Kansas Senate rejected SB 123, which would have repealed a 2002 law that prohibits restrictions on prescription drugs for mental health patients who are Medicaid beneficiaries. The bill, backed by the administration, was estimated to save the state $16 million when it is looking to fill a $600 million budget hole for next year. Mental health groups voiced strong opposition, and it was defeated on the Senate floor 25-15.

5. Conservatives break from Brownback on budget fix

The governor is not having an easy time building consensus around a budget fix. His proposal to increase taxes on alcohol and tobacco sparked backlash from members of his own party and was panned by Merrick about an hour before it got a hearing. Senate Minority Leader Anthony Hensley, D-Topeka, quipped that “the right hand doesn’t know what the right hand is doing.” National anti-tax activist Grover Norquist, who had previously touted Brownback as a possible presidential contender, also criticized the proposed “sin tax” increases.

6. Senate Democrats miss debating a bill they oppose

A bill that would make it easier to prosecute teachers for distributing materials deemed harmful to minors passed the Senate without any debate or even any questions on Tuesday. Democratic lawmakers had planned to fight SB 56 but were distracted. The bill won initial approval quickly, then officially passed 26-14 the next day. Democrats tried to make up for the previous day’s silence by voicing their opposition to the bill then.

7. Wagle supports concealed-carry bill – with reservations

Senate President Susan Wagle, R-Wichita, holds a 92 percent rating from the National Rifle Association. So it’s not surprising that she voted in favor of SB 45, which would enable Kansans to carry concealed firearms without going through training or receiving a background check.

But her reservations about voting yes were striking. “I vote aye on SB 45, but unlike so many other gun advocacy votes, I do so today with uncertainty,” she said, explaining that she was erring on the side of freedom.

She encouraged business leaders who are concerned about the legislation – including Bill Warren, owner of Warren Theatres – to get involved in the process as the bill moves to the House. Her comments likely signal that the “constitutional carry” bill may undergo some tweaks before it goes to the governor’s desk.

This story was originally published February 28, 2015 at 7:20 PM with the headline "Seven most surprising moves this legislative session in Kansas."