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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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Top tags: Author: Joseph N. Molina III  2019 Session  2019-20  legislature  budget  election  Brownback  Supreme Court  Judicial Branch  school finance  Court of Appeals  Gannon  Hard 50  Kansas Supreme Court  Special Session  2016 Session  2017 session  2017-18  Alleyne  fall legislative conference  Senate  Sine Die  State of the Judiciary  2019 Golf Tournament  Caleb Stegall  conference  election day  First Adjournment  HCR 5005  House of Representatives 

Sine Die 2019 -- UPDATE

Posted By Joseph N. Molina III, Thursday, May 30, 2019

The Kansas Legislature had one of the most memorable ends to a session in its history. The day began with Medicaid expansion supporters interrupting the Senate session by singing a hymn and chanting their support for healthcare. This led Senate leadership to clear the gallery, remove news reporters from the senate floor and lock the doors to the senate chamber. This is the first time I have ever seen this action taken. Reporters were told to clear the chamber or lose their press credentials. The chamber remained locked when senate proceedings resumed. It was an interesting start to the day. See; https://media.kansascity.com/livegraphics/2019/pdf/WagleLtr052919.pdf See also; https://www.cjonline.com/news/20190529/medicaid-expansion-supporters-drown-out-kansas-senate-proceedings. Here is a youtube video of the protest. Chants begin around 32:35 mark - https://www.youtube.com/watch?v=AdzTSgJHV-4&app=desktop. A statement from Senate President Susan Wagle on this incident can be found on her twitter feed - https://twitter.com/SenatorWagle

When activities resumed, the Kansas Senate quickly confirmed Sarah E. Warner to the Kansas Court of Appeals. The final tally was 37-1. The sole “nay” vote was from Sen. John Doll (I-Garden City) who wanted to see a nominee from western Kansas. See; https://www.cjonline.com/news/20190529/kansas-senate-affirms-court-of-appeals-nominee-sends-signal-to-supreme-court

The Senate then approved a motion to remove SCR 1610 from the judiciary committee and refer it to the whole Senate. SCR 1610 is the proposed constitutional amendment that would replace the merit selection process for Supreme Court justices with the nominate/appoint model used for the Kansas Court of Appeals. SCR 1610 was approved 28-10.  See; http://www.kslegislature.org/li/b2019_20/measures/vote_view/je_20190529124439_160305/

Sen. Masterson (R-Andover) made the initial motion, but declined to have a debate on the merits, at this time. His wants to have an interim committee review the process. No date has been set. It is likely that the issue will be sent back to Senate Judiciary in 2020 for hearings and debate.

Both chambers were able to pass another resolution dealing with natural disaster in Kansas. This will help with flooding and the recent tornado damages. HCR 5015 passed unanimously. See; http://www.kslegislature.org/li/b2019_20/measures/hcr5015/

Both chambers were also able to override Gov. Kelly’s budget vetoes. The vetoes were bundled into one measure and passed the Senate 27-11, with the House approving the override 86-30. See; http://www.kslegislature.org/li/b2019_20/measures/sb25/

 

Tags:  Author: Joseph N. Molina III  budget vetoes  HCR 5015  judicial appointment process  KS Court of Appeals  Medicaid expansion  Sarah E. Warner  SCR 1610 

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Veto Session Comes to an End

Posted By Joseph N. Molina III, Tuesday, May 7, 2019

The 2019 Veto Session ended around 3:00 a.m. on Sunday, May 5th. However, there still could be serious business conducted on Sine Die, which is set for Wednesday, May 29th. See; http://www.kansaspublicradio.org/kpr-news/session-recap-kansas-democrats-wield-new-power-gop-leaders-thwart-medicaid-expansion

The Veto Session was four days of dramatic standstill action focused on a filibuster type maneuver by Medicaid Expansion proponents in the House. The plan was to hold the state budget hostage and force the Senate to debate the expansion bill the House passed in March. The initial votes saw the slimmest of majorities deny the passage of the budget. See; https://www.kwch.com/content/news/Kansas-House-rejects-budget-in-Medicaid-fight-509462811.html; See also; https://www.nytimes.com/aponline/2019/05/03/us/ap-us-xgr-kansas-legislature-the-latest.html

This put pressure of leadership to break the expansion coalition by reworking the budget and removing key pieces which some of those expansion supporters wanted. That tactic failed with more that 80 no votes on that budget. However, after sitting around for most of Saturday, May 4th, the coalition finally broke and the floods gates opened. House Sub for SB 25 (state budget) passed 79-45. Many of the moderates in the expansion coalition flipped once it was obvious the budget would pass. See; http://www.kslegislature.org/li/b2019_20/measures/sb25/

With the budget out of the way, both chambers set their sights on a tax cut bill. Gov. Kelly vetoed an earlier version of the tax cut which the legislature could not override. The legislature used the same bill number for the latest tax cut bill.  SB 22 would run about $240 million over three years. It would decouple the state from the feds on standard deductions starting in 2019, exempt foreign income starting in 2017, and ever so slightly reduce food sales tax burden. See; http://www.kslegislature.org/li/b2019_20/measures/sb22/

There is a good chance Gov. Kelly vetoes this bill as well. The message would be to look at a comprehensive tax policy change in 2020.

Should Gov. Kelly veto SB 22, the legislature may attempt an override on Sine Die. The override vote may not be the only vote taken by the Kansas Senate on May 29th. Sen. Ty Masterson (R-Andover) made a motion to pull SCR 1610 from Senate Judiciary. This will allow a vote to alter the merit selection process for the Kansas Supreme Court. See; http://www.kslegislature.org/li/b2019_20/measures/scr1610/

To appear on the ballot SCR 1610 would need 27 votes in the Senate and 84 votes in the House—a tall order for most legislative days—very difficult on Sine Die.

Finally, the Kansas Supreme Court will hear two other huge issues this Thursday, May 9th: the K12 lawsuit and the Court of Appeals hearing on selection of judges. The issues surrounding school finance are well document and many believe the new funding will end the lawsuit. The hearing on the Court of Appeals issue is also straightforward. It is a question of law. Who gets to pick? Gov. Kelly believes the pick remains with her (Kelly nominated KBA President Sarah E. Warner last week) while Senate President Susan Wagle believes the pick is now with Chief Justice Lawton Nuss. Chief Justice Nuss has recused himself from the proceeding and has no opinion on the matter.

You can find more information about the case here: http://www.kscourts.org/kansas-courts/supreme-court/Cases_of_interest/Cases/121061/default.asp

Tags:  Author: Joseph N. Molina III  budget  SB 22  school finance  SCR 1610  selection of appellate judges  sine die  tax bill  veto session 2019 

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