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The KBA Advocate is the weekly KBA legislative newsletter that contains up-to-date information on legislation that impacts your practice. It is only published when the legislature is in session and is sent to all KBA members electronically via the KBA Weekly.


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You're Invited to the KBA Roadshow

Posted By Joseph N. Molina III, Tuesday, September 19, 2017
Updated: Monday, September 18, 2017

KBA Roadshow to SW Bar
You're invited to the upcoming Kansas Bar Association CLE in Liberal and Dodge City . These programs consist of a FREE two-hour CLE which includes a legislative update and an hour of ETHICS, with lunch provided by the KBA.

KBA membership is NOT required.
Dates and Locations
Click "Register Today" button below to register for either CLE program
September 27th
Seward County Community College ,
Rm SW 229C
1801 N Kansas Ave,
Liberal, KS 67901

11 am - Registration/Lunch
September 28th
Rebein Law Offices,
810 W Frontview St., Ste 1
Dodge City, KS 67801

11 am - Registration/Lunch
Registration deadline is September 25th to help us with a proper lunch count.
We look forward to seeing you there!
Joseph Molina
Legislative Services Director
Direct: (785) 861-8836
Main: (785) 234-5696
CLE logo white
Kansas Bar Association
1200 SW Harrison St.
Topeka, KS 66612

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KBA Roadshow Heads to Western Kansas!

Posted By Joseph N. Molina III, Tuesday, August 29, 2017
Updated: Monday, August 28, 2017

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KBA Lawyer to Legislator CLE

Posted By Joseph N. Molina III, Monday, July 3, 2017
Updated: Wednesday, July 5, 2017

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Sine Die Means Goodbye

Posted By Joseph N. Molina III, Tuesday, June 27, 2017
Updated: Monday, June 26, 2017

The Kansas Legislature formally adjourned Sine Die yesterday bringing the total days in the Capitol to 114, tying the record for the longest session in Kansas history. However, the end did not come without some rumbling of a veto override of the governor’s veto of two provisions consolidating certain aspects of KanCare. The Governor made the line-item veto when signing the state budget on Sunday. The line item veto focused specifically on modifications to the Medicaid services for Kansans with disabilities. The Governor said in a statement that the language was overly broad, and the administration wanted to work with stakeholders before any changes were made.  See;

This veto drew a quick response from Rep. Jim Ward who supports the consolidation on some KanCare systems and believes the legislature has a vital role in overseeing services provided to the most vulnerable Kansans.

These two line-item vetoes bring the veto tally to six for the session, two tax bills, three KanCare-type proposals and one on lottery vending machines. The legislature was only able to override the tax proposal. To override, the Senate needed to have 27 votes and the House needed 84. The prospects were unlikely.

Despite the two line-item vetoes, the Governor did sign off on the state budget, although a bit begrudgingly. The Governor stated that “I am signing the budget, despite my concerns about excessive spending, to avoid a break in core functions of government and to provided state workers with well-deserved pay increases.” Gov. Brownback believes the budget is bloated in areas and failed to make any of the consolidations/cuts championed by the efficiency study. See;

Now that the 2017 Legislative Session has ended for the year, everyone will hold their breath to see if the Kansas Supreme Court upholds the recently passed school finance bill. The court stayed its June 30th deadline and will hear arguments on July 18th @ 9 a.m. See;

How the court rules will determine if a special session is needed. Some in the Capitol believe that the court will uphold the first-year funding but find the second year inadequate. This would give the legislature the summer off, but would leave a seriously pressing issue to be decided in 2018—an election year.

For more information on the session, please visit or the KBA website at

Thanks for reading!

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2017 Legislature By the Numbers

Posted By Joseph N. Molina III, Tuesday, June 20, 2017
Updated: Tuesday, June 20, 2017

The 2017 Legislative session will officially close on June 26th when both chambers adjourn Sine die. This will bring the running day total to 114 days, tied for the longest in Kansas history. So, what did we get for these 114 days?

The Kansas Legislature passed a budget that will fund FY 2017, FY 2018, and FY 2019 supplemental expenditures for most state agencies and FY 2018 and FY 2019 capital improvements for selected state agencies. See;

The bill, Senate sub for HB 2002, has an all fund total of $15.6 billion over the three-year span and $6.4 billion for just FY18.  The bill makes the following expenditures:

-          Adds $141.4 million to KPERS;

-          Adds a 2.5 % raise for all employees with less than five years of service and 5.0 percent adjustment for state employees who have not had a pay adjustment in five years; and a 2.5 percent adjustment for judges and non-judicial staff in FY 2018;

-          Add $20.3 million for Home and Community Based Services;

-          Add $10.5 million for community health centers;

-          Add $4.6 million for Osawatomie state hospital;

-          Add $1.1 million for KS BIDS Habeas Corpus proceedings.

The legislature passed a tax plan, SB 30, that will cover the expenses listed above. Over the next two years the tax plan is expected to increase revenues by $1.2 billion dollars.

The bill is expected to increase SGF receipts as follows: ● FY 2018—$591.0 million; ● FY 2019—$633.0 million; FY 2020—$617.4 million; ● FY 2021—$584.4 million; and ● FY 2022—$590.3 million.

The plan accomplishes this with the following adjustments:

-          Three tiers of income tax: 3.1%, 5.25% & 5.7%.

-          Eliminate Glide Path to Zero

-          Elimination business pass-through exemption (LLC Exemption).

-          STAR Bond authority extended for 3 years; 1-year moratorium on new projects.

-          Medical, mortgage interest and property tax deductibility reinstated; 3-year phase in.

-          Child care tax credit reinstated.


The bill is retroactive to January 1, 2017 with modified rates for this year: 2.9%, 4.9% & 5.2%. The new income brackets are as follows:


-          $0-$30,000 3.10%

-          $30,000 - $60,000 5.25%

-          $60,000+ 5.70%


Interestingly, Moody’s Credit Rating upgraded Kansas Bond rating to stable after the tax plan passed.  See;


The legislature also passed a new school finance plan.  this plan resembles the old formula and rescinds the block grant approached passed some years ago.  The basics of the new formula include:

-          Base Aid for Student Excellence (BASE) per pupil spending of $4,006 for school year 2017-2018, $4,128 for school year 2018- 2019, and adjusted each year thereafter according to the average percentage increase in the Consumer Price Index (CPI) for all urban consumers for the Midwest region during the three immediately preceding school years.

-          A 33% cap on the Local Option Budget (LOB) by a resolution of the school board when the BASE is less than $4490.

-          The Kansas Supreme Court will hear testimony on the new school finance formula on July 18th. Schools will remain open. See;

All tolled the Kansas Legislature introduced 688 bills, 93 Resolutions and 24 Concurrent Resolutions.  The legislature passed 111 bills, the governor signed 108 bills, vetoed 2 tax bills and allowed 1 bill (conceal carry) to become law without his signature. This works out to just of 18% of all bills introduced became law.

You can review all bills passed to date (6.20.17) here:


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Veto Session Day 90+23 = END

Posted By Joseph N. Molina III, Tuesday, June 13, 2017
Updated: Saturday, June 10, 2017


The Kansas Legislative Session ended this past weekend but not before tying the record for longest session in Kansas history. The session was extended due to tax, budget and school finance issues. Both chambers passed a tax plan and then began work on the budget.



The tax plan (CCR for SB 30) passed in the House Chamber first on a vote of 69-52 while the Senate was nearly there when they adopted the bill 26-14. The tax plan will raise $591 million in FY 2018, and $633 million in FY 2019, but it will run into some issues four years out.


Key components of the tax package are as follows:

- Three tiers of income tax: 3.1%, 5.25% and 5.7%.

- Eliminate Glide Path to Zero

- Eliminate the business pass-through exemption (LLC Exemption).

- STAR Bond authority extended for 3 years; 1-year moratorium on new projects.

- Medical, mortgage interest and property tax deductibility reinstated; 3-year phase in.

- Child care tax credit reinstated.


The bill is retroactive to January 1, 2017 with modified rates for this year: 2.9%, 4.9% & 5.2%.


The new income brackets are as follows:

$0-$30,000 3.10%

$30,000 - $60,000 5.25%

$60,000+ 5.70%


Late Monday night (June 5th), as the Senate was about to vote on SB 30, the Governor issued a statement that he would veto the measure upon receipt. True to his word, he vetoed the bill midday Tuesday.

To override a gubernatorial veto, both chambers must garner 2/3 majority of its members. The Senate requires 27 votes, and the House requires 84.


The governor's Tax Plan Veto was overridden by the Senate on a 27-13 count and by an 88-31 vote in the House.



Regarding the judicial branch, I am happy to report that HB 2041—extending the judicial branch surcharge fund—was approved by the Governor on May 26th. As approved, bill also contained provisions from HB 2053, dealing with debts owed the courts and the process for collecting those debts. 


HB 2041 (supp. note)  |   Extending the judicial branch surcharge fee, courts costs and fees


In addition, the judicial branch requested an extension of the DUI reinstatement fee to help fund its budget. The court receives a percentage of the fees collected for reinstatement of a driver’s license following a DUI conviction. Annually, this amounts to nearly $950K. The House passed this bill on April 7th on a 72-52 vote. The conference committee added necessary language to HB 2041 raising the fee from $59 to $100, so the court will receive its increase of $41 per reinstatement, that will go toward nonjudicial personnel salary fund.


The remaining judicial budget issues concern personnel increases. The Omnibus Budget Conference Committee came to an agreement around midnight on Friday, June 9th to provide all state employees a pay increase of 2.5%. This is a move in the right direction, but it is far from the $20 million requested by the Judicial Branch, and its off by 9% from the original House position.


SB 189   Appropriations for FY17, FY18 & FY19


With the passage of the state budget, the Kansas Legislature ended a 113-day session. If you count Sine Die, the largely ceremonial final day of the legislative session, the 2017 session ties the record. The legislature dealt with some awfully large items this year including rolling back the 2012 tax policy, closing the LLC loophole, drafting a new school finance plan, creating a foster care task force and addressing human trafficking laws, to name a few. What consequences legislators face remain to be seen, but the election is only 17 months away.


Special thanks to the hardworking staff of the Kansas Revisor’s Office, Legislative Research, Post Audit, IT, Legislative Coordinating Council and Administrative Services. We couldn’t do it without these dedicated public employees, nor would we want to.




Kansas Bar Association

The KBA Legislative homepage:                                           


Kansas Legislature

The official state website for the Kansas Legislature:           


Governor Sam Brownback                                                                          

The website for Gov. Brownback and Lt. Gov. Jeff Colyer:   


Attorney General Derek Schmidt

The website for Attorney General Derek Schmidt:                



Legislative Summary Part I -


Legislative Summary Part II -

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Veto Session = Day 90+19

Posted By Joseph N. Molina III, Tuesday, June 6, 2017
Updated: Tuesday, June 6, 2017

Things can happen instantly in the Kansas Capitol and after 108 days of gridlock on taxes and school finance both chambers were able to push through both measures last night. The House acted first on both items passing school finance bill (CCR for SB 19) 67-55. The Senate adopted the same CCR for SB 19 on a 23-17 count. This measure adds around $295 million to K12 over the next two fiscal years. for many this is still not enough to satisfy the Kansas Supreme Court but others are willing to let this ride and make the court strike it down.

See; Kansas-house-senate-adopt-school-finance-bill-after-tax -

See also’ The-Latest:-Kansas-House-approves-$1.2B-income-tax-increase -

The Tax plan (CCR for SB 30) followed a parallel path by getting passed in the House Chamber first on a not close to veto-proof majority of 69-52 while the Senate is nearly there when they adopted the bill 26-14.  The tax bill will raise almost $1.2 BILLION over the next two years but run into some issues four years out. The Senate passed the bill at 12:20 am this morning, less than a minute later Gov. Brownback issued a press release stating he intends to Veto the entire bill. This will force both chambers to attempt a Veto Override for the third time this session. The House garnered 84 votes on a different tax plan in the Spring but the Senate fell 3 votes shy. Then in April the House failed to override the Governor’s Medicaid expansion veto. How this override attempt progresses will determine if we spend the next week or so drafting a new plan that can either get 84/27 to override or something with a lot less taxes that gets us to 63/21/1.

See; Brownback-declares-intent-veto-600-million-annual-tax-hike-passed -

See also; Brownback vows veto of tax increases approved by Legislature -

The House Appropriations committee spent better part of last Thursday discussing tobacco securitization. There were two bills discussed, HB 2429 and HB 2430. Th first bill provided the framework for selling bonds based on the revenue generated from the tobacco Master Settlement Agreement while the second bill gave direction on where the funds would be used and for what time.

The shorthand is the state of Kansas will provide to a financing company $18 million per year for 30 years ($540 million total) in exchange for $320 million in FY18. That $320 million will be used to payback KPERS ($90 million +8%) & pay down KPERs in FY18. Thereby lowering the overall budget shortfall. The $18 million taken from tobacco settlement was originally earmarked for Children Initiative Fund and Key Funding. This $18 million will be replenished using fund received from the increase on sales tax on cigarette sales. This is a complex and controversial budget maneuver and it appears to have very little support. The main proponents were conservatives from both chambers and the KS Chamber of Commerce.

See; HB2430 -

Both chambers also pushed thru a concealed carry bill that exempted some state hospitals from the July 1st mandate to either have security in place or allow concealed carry users to enter the premises. The bill exempts public hospitals, mental health centers and adult care homes to ban firearms. Colleges and universities are still subject to the July 1st requirement.

See; Kansas-gun-rights-group-gears-concealed-carry-debate -

Finally, Sen. David Haley announced his candidacy for Kansas City, KS Mayor. He will challenge incumbent Mark Holland in the August primary. Should Sen. Haley win the election the Kansas Senate will be left without a member having any type of formal legal training.

See; Kansas-senator-david-haley-joins-race-kansas-city-kansas-mayor#stream/0 -



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Veto Session = Day 90+12

Posted By Joseph N. Molina III, Tuesday, May 30, 2017
Updated: Tuesday, May 30, 2017

Day 90 + 12 = Veto Session

The Kansas Legislature returns from a four day weekend, hopefully regrouped and refreshed to make a final push to end the session. When they return, it will be Day 102, the 4th longest session in Kansas history. Both chambers still struggle with a tax plan, but the House has at least passed a school finance plan that adds $280 million over the next two years. The bill, HB 2410, has several very good policy pieces but many are concerned that funding levels are far from adequate. Should the Senate concur with HB 2410, it could be signed by the governor before the week is out. Then it just needs to be approved by the Kansas Supreme Court. Should the court strike it down, we can expect to be back for a special session.

The Kansas Senate returns to debate its version of school finance, and should they pass their plan, both chambers will most likely head to a conference committee to hammer out the details. The Senate will also leap head first into the conceal/carry debate. There appears to be a compromise that state hospitals, primarily metal health facilities, will be allowed to continue their exemption from conceal/carry laws going into effect July 1st. The big issue is whether universities will also be exempt.

It is important to note that the House school finance bill was nearly amended to put “teacher due process” rights back into state law. Currently, due process is established by contract between individual school districts and teachers. The KBA is concerned with this provision because this provision was added to a bill introduced, by the KBA, HB 2186. The Senate did not take kindly to that amendment and decided not to run our bill on the floor. If the teacher due process amendment had been included in the school finance bill, we could have stripped it from HB 2186 and moved our bill through the legislative process. Alas, that is not the case, and the Senate has “gutted” HB 2186 and replaced it with the Senate school finance plan.

Finally, Rep. Pete DeGraaf (R-Mulvane) announced his resignation earlier this session due to health issues. Last week his son-in-law Jesse Burris (R-Topeka/Mulvane) was elected to succeed him. Rep.-Elect Burris is a licensed Kansas attorney who worked at the Kansas Department of Health and at the Kansas Secretary of State’s office. He plans to commute during the workweek and return home on off days. This addition brings our lawyer/legislator number up to 15.

Some articles to interest: - Wichita Eagle (Tax Plan); - KC Star (Tax Plan); - KC Start (Judicial Branch Pay increases); - KPR (Veto Session)


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Veto Session Continues

Posted By Joseph N. Molina III, Tuesday, May 23, 2017
Updated: Tuesday, May 23, 2017

Veto Session Heads into Week Four

The Kansas Legislature headed home for the weekend last Friday guaranteeing at least a month-long veto session. There have been several warnings of a 7-day work week to finish off the year but those threats have gone unfulfilled. We first had Mother’s Day and this past weekend may high schools were celebrating graduation. We can expect to hear a similar threat this week by leadership but with Memorial Day coming up fast those threats may again be idle.

After three weeks, nothing has really changed. The politics remain the same as do the fiscal issues. The state is still in the hole $450 million on July 1 and another $450 million for FY19. K12 plan may run an extra $150 million for FY18/FY19. Those floor debates are still on the horizon.

The issue remains how to pay for these shortfalls and school finance. Earlier this session, the legislature passed a bill that would have funded state government with $590 million but Gov. Brownback vetoed that measure, and the Kansas Senate was unable to override the veto (the vote was 24-16; they needed 27). Thus, far the options are poor: pass a plan similar to the one Gov. Brownback vetoed and hope to override it, or pass a plan that doesn’t cover the hole and make cuts.

Timing is also significant since the Kansas Supreme Court has set a June 30th deadline to come up with a new school finance plan. This deadline has given Democrats and some Moderates leverage over the debate, but leadership would prefer to pass a tax plan prior to the school finance formula to limit Supreme Court review options.

Some hope to create a new money tree by removing the sales tax exemption on a few professional services. Rep. Kristy Williams (R-Augusta) is pushing to restore a sales tax on the following:

  - Mini Warehouse/Self-Storage;

  - Collection Agencies;

  - Investigative Services;

  - Security Guards/Patrol;

  - Security Systems/Monitoring;

  - Janitorial Services; and;

  - Pet Care Services (Not Veterinarians)


These could bring in $55-$60 million, but proponents are planning to add to this list by including dating services, lawn care, tattoo parlors and residential utilities. These could bring in an additional $100 million.  See HB 2428 -


The KBA has concerns regarding sales tax on collection agencies. Several law firms engage in debt collection activities as do some doctors' offices, or CPA’s for that matter. Removing the sales tax exemption on collection agencies may prove to be a trickier option than initially envisioned. Debt collection is a volume business that relies upon phone banks, email and snail mail contact. Very little is done face-to-face which means the production can be moved out-of-state or internationally to avoid the sales tax. This would leave in-state entities that cannot move as easily at an economic disadvantage. The KBA is engaged on this topic and has expressed our concerns to the pertinent parties.


Articles of note: - Ks Center of Economic Growth - AP NEWS - - –

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Day 90+1

Posted By Joseph N. Molina III, Tuesday, May 16, 2017
Updated: Monday, May 15, 2017

Day 90 + 1

After ten days of Veto Session, the legislature has made little progress on the state budget and might have gone backwards on tax policy. Last week the Senate shot down another tax plan. This plan was like one passed during the regular session but ultimately vetoed by Gov. Brownback. The plan would have closed the LLC Loophole, stopped the glide path to zero income tax and reverted to a 3-tiered tax bracket again.  Overall, it would have raised nearly $1.1 BILLION over the next two years. This is a bill most democrats and moderates campaigned on but the x-factor is the cost of school finance plan.

Many are hesitant to pass a tax plan before the final numbers are in for school finance because the tax plan may not raise enough money to fund both. This would lead to another fight on raising taxes and another vote. So, we wait until they complete the school finance issue.

Speaking of the school finance issue, it has long been agreed that funding levels should be increased by $150 million per year for 5 years, for a $750 million bump. However, this bill has been amended nearly 60 times, with dozens more amendments to come. Many of these additions will require more money. How much more is unknown, but democrats believe leadership is using the amendment process to create a bill so large, it is impossible to fund. The endgame for this strategy is to run out the clock without a school finance plan, force an agreement on a smaller plan with the promise to fix it later, allow some of the governor’s proposals (securitization etc.) to be discussed again, and pass a much smaller tax increase with some cuts. For conservatives/leadership to accomplish this, they must break the Mod/Dem coalition built upon school finance. How this plays out remains to be seen.

For KBA purposes this has been a good week. Both chambers have passed HB 2153 dealing with public benefit corporations, and the bill now heads to the governor’s desk. Special thanks to the KBA General Corporation Code review subcommittee chaired by Bill Matthews. Members include, Bill Quick, Prof. Hecker, Prof. Harper-Ho, Joe Jarvis, Bob Alderson, Bill Wood and several members of the Kansas Secretary of State’s Office. Once signed, this brings to a close a nearly three-year project to update the Kansas General Corporate Code.

Also, the judicial budget got their extension on a surcharge bill passed last Thursday. The bill will now go to the governor’s desk. I am happy to report that the judicial budget will be funded to requested levels, sans pay raises for employees. Democrats bit their tongues in voting for the surcharge bill because this single provision raised a fee from $59 to $100. Many thought this was too large an increase on individuals already having difficulty paying fines/fees. Rep. Carmichael carried the issue to the Democrats during caucus and did a fine job of clarifying the issues. Many thanks to him.

Beginning next Monday, both chambers will work 7 days a week till the job is done. Items that still need to be completed are FY18 & FY19 budgets, the school finance formula & a tax plan to pay for it all.  This could take a while.


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