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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  Kansas Supreme Court  school finance  2020 Legislative Session  Court of Appeals  Fall Legislative Conference  Gannon  Hard 50  Special Session  2016 Session  2017 session  2017-18  Alleyne  merit selection  SCR 1610  Senate  Sine Die  State of the Judiciary  2019 Golf Tournament  abortion  Caleb Stegall  Chief Justice Nuss 

Sine Die 2019

Posted By Joseph N. Molina III, Tuesday, May 28, 2019

At 2:00 pm this afternoon—Tuesday, May 28th—the Kansas Senate Judiciary Committee will convene to discuss the nomination of Sarah E. Warner to the Kansas Court of Appeals. This position was vacated when Judge Patrick McAnany retired earlier this year.

This judicial confirmation hearing will be the first for Gov. Laura Kelly, although this is her second nominee for this position. As has been widely reported, Gov. Kelly’s initial nominee, Judge Jeffry Jack, failed to gain the needed support for the Kansas Senate. This after a quick ruling from the Kansas Supreme Court that the Jack nomination could not be withdrawn.

The Warner nomination will be voted on by the full Senate on Sine Die, May 29th. The Senate goes into session for Sine Die at 10:00 am.

The Senate may also attempt to vote on a constitutional amendment to alter the way judges are selected for the Kansas Supreme Court. Sen. Ty Masterson’s (R-Andover) motion to bring SCR 1620 to the Senate floor will take place tomorrow. This concurrent resolution would switch the selection method from merit selection to an appoint/confirm model. Some senators are anxious to change the merit selection method in response to the Jack nomination issues. Sen. Hensley (D-Topeka) would like to simply correct  KSA 20-3020 to include a withdrawal provision. How the Senate proceeds remains to be seen.

The issue before both chambers will be whether enough legislators return for Sine Die to vote on these issues and/or attempt to override Gov. Kelly’s tax bill veto and certain line item vetoes she made on the budget. See;

Normally, Sine Die is a formality and not much real business is undertaken. However, this year has been anything but “normal,” and a lot of issues remain up in the air at this moment. This could be a busy end to the session, or it could simply peter out. 

Tags:  2019 Session  Author: Joseph N. Molina III  Jeffry Jack  judicial confirmation  judicial selection  Sarah E. Warner  SCR 1620  Sine Die  Ty Masterson 

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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;

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;; See also;

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;

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;

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;

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:

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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Sine Die

Posted By Joseph N. Molina III, Tuesday, June 7, 2016

About the Author

Joseph N. Molina III
Legislative Services Director


The Kansas Legislature ended the 2016 legislative session June 1. Sine Die is normally a formality but this year both chambers spent time approving a tax bill vetoed by Governor Brownback, voted on a transgender bathroom resolution and discussed possible solutions to the school finance decision which found their previous equity fix unconstitutional.

The tax bill is now law after both chambers, by near unanimous votes, overturned the governor’s veto.  The tax bill now allows plaintiffs to have a de novo review of their cases at the district court level. At first glance this seems a simple solution but the back story deals with the sale of a large pizza company and a tax bill near $43 million. See;

The Kansas Senate also approved a resolution condemning the federal government’s order to public schools on transgender student’s bathroom usage. The Kansas Attorney General will challenge the law in court.

The Kansas Senate also approved a resolution condemning the federal government’s order to public schools on transgender student’s bathroom usage. The Kansas Attorney General will challenge the law in court. The federal edict requires schools to allow transgender students to use the restroom of the gender they identify with, not their gender at birth. See;

Neither chamber chose to solve the school finance issue on the last day of the session. The Kansas Senate debated the idea in caucus with a number of potential solutions but in the end leadership decided not to press the issue. The mood was tense and many legislators are upset with the court for threatening to shutdown schools and some want to defy the court’s ruling.

For his part, the Governor stated that he “will work with the Attorney General and Legislative leadership to respond aggressively and appropriately to any action taken by the Kansas Supreme Court to close schools”. See;; See also,; and

The last big piece of the day was the failure to meet monthly revenue projections for the 10th time in 12 tries. Revenues are down $74.5 million for the month of May. This comes after the Consensus Estimating Group reduced these estimates significantly in April. This also comes on the heels of Governor Brownback cutting state budgets, higher education and transferring funds to have an ending balance of $21 million on June 30. The ending balance is now a deficit reaching $55 million, maybe more should June number trend downwards as well. 

With the legislative session over, balancing the budget will fall to the governor. The most likely course of action would be to delay payments to K12 schools till after June 30th or cutting funds from various state programs like children’s funding, extraordinary need fund for K12 and KDOT. See,; See also,; and; and

To sum up, the state is now $55 million in the red, the legislature passed a tax bill that has the potential for a $43 million tax refund and the estimate to provide school equity is $38 million. The outlook is uninspiring.

June 1 also marked the deadline to file for legislative elections or withdraw from the election. A number of legislators decided this would be their last term, retiring on the last day of the session. Some prominent names include, Speaker Ray Merrick, Speaker Pro Tem Peggy Mast, Rep. Mark Kahrs, Rep. Tom Moxley, Senate Vice President Jeff King, Sen. Steve Abrams and Sen. Mitch Holmes.

If interested you can find those still in the race at the Kansas Secretary of State’s website

Revenue - Miami Hearld

Tags:  Sine Die 

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