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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 

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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Veto Session 2019

Posted By Joseph N. Molina III, Tuesday, April 30, 2019

On Wednesday, May 1, 2019 the Kansas Legislature returns for the wrap-up session, also known as Veto Session. Traditionally, the veto session is used to override any vetoes the governor may have signed after First Adjournment. These days, though, the Veto session is the time during which the state budget is finalized.

This year, the Kansas Legislature has only one thing that it MUST accomplish: passing a budget. However, several ancillary items will also be considered during this time period. First, there will likely be an attempt to work out a tax bill that reduces income taxes. Earlier in the session, the legislature passed SB 22, a large tax cut vetoed by Gov. Kelly. So far, there have been no attempts to override the Governor’s veto, but that could change.

There also could be a push to have the Kansas Senate debate and vote on Medicaid expansion. The House has already approved this measure, but Senate leadership is blocking the bill. Senate President Susan Wagle (R-Wichita) has offered an interim study on expansion which would kill the idea for 2019. Gov. Kelly has put on a full court press to get the proposal to the floor this session, but time is not on her side. Prior to First Adjournment, Sen. Hensley (D-Topeka) made a motion to pull HB 2066 out of committee. That would give proponents of expansion an opportunity to debate the bill. To pull the bill out of committee, they need 24 votes. However, to schedule floor debate, they need 27 votes—which is much more difficult.

Both chambers will likely try to pass a constitutional amendment to ban abortions. Last Friday, the Kansas Supreme Court ruled that the state Constitution protects a women’s right to make her own decisions regarding a pregnancy. The 6-1 majority decision (Justice Stegall dissenting) can be found here - http://kscourts.org/Cases-and-Opinions/opinions/SupCt/2019/20190426/114153.pdf

Prior to the ruling, conservative Republicans had introduced legislation that would have banned abortion in Kansas. That constitutional amendment (HCR 5004) was co-sponsored by 21 Kansas Representatives. See; https://www.kansas.com/news/politics-government/article225209525.html The Hodes & Nauser v. Schmidt case will only intensify the push for a vote on the issue. The Veto Session will provide ample opportunity for that. A successful constitutional amendment requires two-thirds of both chambers. That means 84 representatives and 27 senators need to approve the proposal. The House party split is 84-41; the Senate party split is 28-11-1

KSAG Derek Schmidt issued a press release on the topic. See; https://ag.ks.gov/media-center/news-releases/2019/04/26/ag-derek-schmidt-statement-on-today's-kansas-supreme-court-decision-in-hodes-nauser-v.-schmidt

The National Review also opined on the topic. See; https://www.nationalreview.com/bench-memos/bloody-kansas/?fbclid=IwAR2NwXoEqOFmOerq9-FipJo-kS5SQekX2EV2PrQaCjy1s1SGW5HHBcxaU9k

The KS Supreme Court will hear two cases—school finance and the Court of Appeals appointment process—on May 9th.  The Gov. signed a school finance plan which adds $90 +/- million to hopefully end the school finance lawsuit. The Court will also hear arguments about the Kansas Court of Appeals selection process and who gets to choose the 14th Court of Appeals judge on May 9th. See; https://www.cjonline.com/news/20190412/gop-senate-president-seeks-lawsuit-to-settle-court-nomination-conflict

With all this work pending and two large cases in front of the Kansas Supreme Court, it is unlikely that the veto session will be brief. The 90th session day is set for May 17th, but there is a chance legislators will blow past that date if things get interesting.

Finally, the Kansas Legislative Research Department has released two of its three legislative summaries. These break down all the bills signed into law. These summaries also indicate when these new laws will go into effect.

 You can find the first two summaries here:

The third and final summary will be released after the Veto Session concludes.

Tags:  2019 session  2019-20  Author: Joseph N. Molina III  legislature  veto session  veto session 2019  Weekly20190430 

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