‘Unusually slow’: What Kansas lawmakers have (but mostly haven’t) accomplished so far

Kansas lawmakers have sent very little legislation to Gov. Laura Kelly’s desk since the session started two months ago.

“It’s unusually slow. Obviously, not a lot of bills coming forward. I think everybody’s trying to test the waters,” said Sen. Ty Masterson, R-Andover.

He attributed much of the slowness to Republican lawmakers trying to figure out how Kelly, a Democrat, will react to bills.

The Legislature faces a court-imposed deadline to pass a school funding plan. Republicans want to pass a major tax bill. And Democrats and some Republicans hope to expand Medicaid.

All of those issues and more still require multiple votes before they can become law.

Mark Tallman, a lobbyist with the Kansas Association of School Boards, has attended legislative sessions since 1982. He offered a theory about why this session seems slower than usual.

“It may not be so much that it’s slow as maybe there just haven’t been as many controversial issues,” he said.

This week, the House and Senate approved dozens of bills. Most were non-controversial, passing in unanimous or near-unanimous votes.

A Kelly spokeswoman said the governor had offered plans on a variety of issues, from expanding Medicaid to increasing foster care transparency and balancing the budget.

“While she is disappointed that the Legislature has yet to prioritize these urgent needs, her door remains open and she is eager to find bipartisan consensus when the Legislature returns for the second half of the session,” Kelly spokeswoman Ashley All said. Lawmakers typically remain in session into May.

Republican legislative leaders say lawmakers have moved efficiently. They pushed back on the idea they haven’t been willing to work with Kelly.

Senate President Susan Wagle, R-Wichita, said Kelly has met with legislative leaders only a couple times since taking office.

“I think the Senate has passed some very important bills, some bills that were controversial. We’ve had hours of debates,” Wagle said.

The Senate has passed tax legislation that could affect the tax returns of thousands of Kansas residents and businesses. The House has rejected Kelly’s plan to refinance the state’s pension system. And both chambers have passed a bill to fund a $115 million back payment to the pension system that is on Kelly’s desk.

Lawmakers are now taking a week off after reaching roughly the mid-point of session. Here’s a quick look at what lawmakers have (and haven’t) done.

School funding

Lawmakers have yet to respond to a Kansas Supreme Court ruling that the state’s K-12 funding system remains inadequate.

Last year, lawmakers approved an additional $525 million a year for schools, with the increased funding ramping up over several years. The Supreme Court faulted lawmakers for not accounting for inflation, which would cost another $90 million a year.

Attorney General Derek Schmidt has said he needs to finish briefs defending the Legislature’s school funding actions by April 15.

Kelly has called school funding a top priority.

“It’s disappointing that we are halfway through the session and the Legislature has yet to even hold a hearing on school finance. The Legislature has debated this issue for years and has a deadline to meet,” All, the Kelly spokeswoman, said.

Legislation to add the funding remains in a Senate committee, and the committee chairwoman promises action.

Sen. Molly Baumgardner, R-Louisburg, told senators this week that she is aware of the Legislature’s obligation and “I can assure this body as committee chair that I will fulfill that obligation and we’ll have a fully vetted bill (to debate).”

Taxes

Senate President Wagle made a push in the first few weeks of the session to pass legislation that could keep Kansas from collecting hundreds of millions in tax revenue this year. She contends it is needed to keep individuals and businesses from paying more.

Wagle, who is considering a run for U.S. Senate in 2020, created and chaired a new committee to craft a bill.

Unless lawmakers act, Kansas is expected to collect additional revenue — and some taxpayers will pay more — this year because of differences between the state and federal tax codes caused by the federal tax cuts passed by Congress and signed into law by President Donald Trump in 2017.

The Senate approved Senate Bill 22 on Feb. 7. But the House yet to debate it.

Supporters say action is needed now because taxpayers are filing their taxes now. Taxpayers could amend their filings if the bill becomes law later, but it’s unclear how many would do so.

Critics of the bill warn it will undercut state revenue just as lawmakers are beginning to reinvest in programs and services after years of cuts.

Kelly has signaled she doesn’t want any tax changes this year — setting up a potential veto fight if lawmakers ultimately pass the bill.

A House committee sent the bill to the floor this week after adding a reduction in the sales tax on food from 6.5 percent to 5.5 percent. Unlike many other states, Kansas taxes food at the same rate as other goods.

Medicaid expansion

Kelly is a staunch supporter of Medicaid expansion, but getting it through the Legislature may prove challenging.

Kelly says her plan would benefit some 150,000 Kansans and aid struggling rural hospitals. Lawmakers have yet to take it up.

The plan expands eligibility for medical assistance to all adults who are under 65 and don’t make more than 133 percent of the federal poverty level, or $16,611.70 for an individual.

“This bill meets the unique needs of Kansas patients, hospitals, providers, and diverse communities while remaining financially sustainable,” Kelly said when she offered the proposal in February.

Opponents say it will cost the state tens of millions of dollars. They contend that supporters have oversold expansion’s benefits for rural hospitals.

“Rural healthcare is going to become more like super clinics w/ small ERs and a few beds in case someone needs to spend the night,” House Majority Leader Dan Hawkins, R-Wichita, wrote in February. “Hospitals that don’t recognize the shift in today’s healthcare environment and adjust to fit the needs of their communities will end up closing.”

Medicaid expansion bills remain in House and Senate committees. Hearings have not been scheduled.

“I’m not surprised that it hasn’t come up yet. I worry that they’re running out the clock on us a bit on that,” Rep. Kathy Wolfe Moore, D-Kansas City, said.

Wagle said Thursday she doesn’t think holding hearings on expansion is a top priority.

Sports betting

Lawmakers continue to work on a way to allow Kansans to place legal bets on sports, after the U.S. Supreme Court paved the way in 2018 for states to legalize sports gambling.

Legislation to legalize sports betting remains at the committee level, but lawmakers have been working with casinos, sports leagues and others to develop a plan.

A House subcommittee has drafted a report with a general consensus that casinos should be able to offer sports betting with their own mobile app, said Rep. Jan Kessinger, an Overland Park Republican involved in the issue. The Kansas Lottery could also have its own app.

A roundtable discussion regarding the report will be held in the House Federal and State Affairs Committee in the coming weeks, Kessinger said.

“I wish we were moving faster on it but we also want to get it right,” Kessinger said.

Marriage, sex crime bills

Some of the year’s highest profile bills haven’t advanced:

▪ A series of bills that attracted national attention for attacking pornography and same-sex marriage remain in committees, with no hearings scheduled.

▪ No action has been taken on bills that would expand the state’s non-discrimination law to include sexual orientation and gender identity. The Legislature’s first two openly gay lawmakers spearheaded the legislation, but hearings weren’t scheduled.

▪ A bill to prohibit judges from lowering sentences in sex cases because a child victim was considered an “aggressor” or “participant” didn’t advance out of committee.

▪ A bill to create the crime of sexual extortion was advanced by the House Corrections and Juvenile Justice Committee, but died in the House. The bill would have criminalized threatening someone with the release of a nude or sexual picture.