Kansas Legislative Insights Newsletter | April 21, 2023
Veto Session Preview
The House Appropriation and Senate Ways and Means Committees will return on Monday, April 24, for a joint committee meeting. They will receive updates on the Kansas budget and the revised Consensus Revenue Estimating Group (CREG) projected revenue numbers. Monday and Tuesday, the budget committees will also assemble their Omnibus budget proposals. The committees will use the CREG estimates to complete appropriations for the remainder of the current fiscal year ending June 30, 2023, and fiscal year 2024, starting July 1, 2023. Gov. Laura Kelly has signed a wide range of measures, ranging from cybersecurity protections and standards for state agencies to eliminating the current statute of limitations for criminal prosecution of sex crimes against children to a compromise lowering electric utility rates for Kansans. As of this writing, we are watching for line-item vetoes in the budget and the governor’s decision on the tax legislation passed by the legislature.
Thursday, April 20, Gov. Kelly vetoed four bills. SB 26 is entitled the “Kansas Child Mutilation Prevention Act,” preventing gender-changing surgeries or therapies for children under the age of 18 with potential loss of license for physicians performing those procedures. Overriding SB 26 is unlikely in the House with a vote of only 70-52. The second bill vetoed was SB 180, defining gender under state law as biologically male or female. The Senate vote was 28-10, and the House margin of 83-41 is one vote shy of an override. The third vetoed bill was Senate Sub. 2138, requiring school districts to adopt a policy relative to separate overnight accommodations for students of each biological sex during school-sponsored travel. It passed both chambers with the necessary votes to override the governor’s veto. The fourth veto was SB 228, requiring counties to be reimbursed $100 per day for expenses when an individual in a county jail is awaiting testing for competency or treatment. The bill adds gender to the requirements for managing prisoners. SB 228 passed both chambers with margins needed to override.
Other Governor Kelly Vetoes
Gov. Kelly’s vetoes ranged from abortion to elections to guns. She vetoed SB 209, eliminating the three-day grace period for mail-in ballots to arrive to be counted and requiring all ballots to be received by 7:00 pm on election day. Neither chamber passed the bill with the necessary two-thirds margin to override.
Gov. Kelly vetoed the “Born Alive Bill,” requiring physicians to care for an infant born alive after a failed abortion. The bill passed by large margins in each chamber and will be overridden. HB 2304, creating firearms school safety programs, was also vetoed. Under one educational option was a National Rifle Association program. The Senate passed the bill 31-8, and the House margin was only 78-43.
Lastly, the governor vetoed the “Woman’s Right to Know Act” (HB 2264), requiring physicians to notify women considering medicinal abortions that they can be reversed. While HB 2264 did not pass with the necessary two-thirds in either chamber, it could potentially be overridden. The House vote was 80-38, with seven members absent or not voting (probably due to conference committee meetings). If four of the seven vote to override, the House would have the necessary 84 votes. The Senate vote was much closer at 26-11, only one vote shy with three members either absent or not voting. It will be interesting to watch.
HB 2344, addressing licensing, staffing, and safety requirements for child-care facilities, was also vetoed. It was designed to address the shortage of child-care facilities for Kansans wanting to rejoin the workforce. Gov. Kelly cited children’s safety concerns in her veto message. Neither the House nor Senate had the necessary votes to consider an override.
Kansas Legislative Insights is a publication developed by the Governmental Affairs & Public Policy Law practice group of Foulston Siefkin LLP. It is designed to inform business executives, human resources and governmental relations professionals, and general counsel about current developments occurring in current Kansas legislation. Published regularly during the Kansas legislative session, it focuses on issues involving Healthcare, Insurance, public finance, Taxation, financial institutions, business & economic development, Energy, Real Estate & Construction, environmental, Agribusiness, employment, and workers compensation. Bill summaries are by necessity brief, however, for additional information on any issue before the Kansas Legislature, contact Foulston Siefkin’s Governmental Affairs & Public Policy Law practice group leader, James P. Rankin at 785.233.3600 or jrankin@foulston.com. Learn more about the authors below:
James (Jim) P. Rankin
Co-Editor and Governmental Affairs & Public Policy Law Team Leader
785.806.3600
jrankin@foulston.com | View Bio
As a partner at Foulston Siefkin, Jim’s practice focuses on employee benefits law relating to public, private, governmental, and tax-exempt organizations. A large part of his work involves Insurance Regulatory and compliance issues in many industries, including Healthcare. Jim has been selected by his peers for inclusion in The Best Lawyers in America® and the Missouri & Kansas Super Lawyers® list. He is the firm's representative with State Law Resources, Inc., a national network of independent law firms selected for their expertise in administrative, regulatory, and governmental relations at the state and federal level.
Gary L. Robbins
Co-Editor and Governmental Affairs Consultant
785.640.2651
garyrobbinsconsulting@gmail.com | View bio
Gary, a governmental affairs consultant to Foulston Siefkin’s Governmental Affairs & Public Policy practice group, provides legislative monitoring and lobbying services for Foulston’s governmental relations clients. He holds a bachelor of science degree in history and political science from Southwestern College and a master’s degree in labor economics from Wichita State University. Throughout his extensive career, Gary has served as CLE Director to the Kansas Bar Association and as Executive Director of the Kansas Optometric Association.
Eric L. Sexton, PhD
Contributing Author and Governmental Affairs Consultant
316.371.7553
esexton@foulston.com | View bio
Eric, a governmental affairs consultant to Foulston Siefkin’s Governmental Affairs & Public Policy practice group, has nearly 30 years’ experience providing strategic direction and governmental relations services. As Wichita State University’s governmental relations leader for 18 years, Eric developed lasting relationships at the local, state, and federal Government level around Kansas. Eric holds a doctorate in political science from the University of Kansas and a masters in public administration from Wichita State University, complementing his undergraduate business degree from Wichita State.
C. Edward Watson, II
Contributing Author and Governmental Affairs & Public Policy Law Partner
316.291.9589
cewatson@foulston.com | View Bio
As a partner at Foulston Siefkin, Eddie represents clients in matters before state regulatory commissions, courts, and local governmental bodies. He has built and maintained relationships with key individuals – including lobbyists, elected and appointed officials, and staff members – that prove valuable in advancing clients’ interests and issues. Drawing on his experience as a regional governmental affairs attorney for AT&T in Chicago, he helps clients navigate the maze of federal policies and agencies, advises on how processes work in Washington, and provides introductions to those who can help them accomplish their goals.
This update has been prepared by Foulston Siefkin LLP for informational purposes only. It is not a legal opinion; it does not provide legal advice for any purpose; and it neither creates nor constitutes evidence of an attorney-client relationship.
