Kansas Rural Center
Legislative Policy Watch
Issue No. 10, March 11, 2022
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FOOD SALES TAX UPDATE
No less than seven bills have been introduced regarding elimination or reduction of the State sales tax on food. Action on any specific option will be tied up in the final budget and tax bills nearer the end of the session.
Next week, HB 2711 will see possible Final Action in the House Taxation Committee on Tuesday March 15. Advocates of the reduction hope to bring an amendment to include farmers market and direct farm to consumer sales to the bill. Once passed, both chambers will have the chance to debate their proposals with the issue likely to end up in a conference committee in coming weeks. SB 339, the Senate’s version which includes a restaurant exemption, still awaits Senate floor action.
by M. Fund
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EMPLOYMENT REQUIREMENTS FOR FOOD ASSISTANCE PLACE BURDEN ON STATE’S MOST VULNERABLE
The Kansas Food and Farm Coalition provided testimony at the March 10 hearing of SB 501 “requiring employment and training to receive SNAP (food) benefits and requiring cross checks and verification to receive public assistance.” The sole supporter of the bill was Opportunity Solutions Project, which according to the Kansas Reflector is a lobbying arm of the Koch-connected Foundation for Government Accountability that advocates in statehouses across the country for restrictions to Medicaid and food assistance, as well as unemployment aid.
Kansas based groups including Harvesters, Kansas Action for Children, Kansas Appleseed, the Kansas Hospital Association and others, including over 30 written opponents, testified against the bill. They argued that it makes it more difficult for vulnerable citizens to access food and health care, and pushes the burden onto food pantries and results in reduced medical care. The Senate Health Committee may take action on the bill next week.
Read more:
https://kansasreflector.com/2022/03/10/out-of-state-groups-drive-to-limit-federal-benefits-in-kansas-meets-pointed-opposition/
by M. Fund
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REDISTRICTING PAUSE for Congressional Maps
While the court battles heat up over the gerrymandered Congressional map passed overriding the Governor’s veto, the legislative district maps for the Kansas Senate, Kansas House and State Board of Education have yet to surface publicly. In terms of the Congressional map, the Attorney General first stated that the Kansas Supreme Court has no authority to review Congressional maps. This request failed, so the second plan was to request to the Kansas Supreme Court that the three lawsuits (one in Douglas County and two in Wyandotte) be consolidated and taken immediately to a hearing before the Kansas Supreme Court.
That motion was denied, and the lawsuits are starting to proceed in the District Courts. The traditional candidate filing deadline is June 1 but if maps are not completed by May 10, the filing deadline can be moved to June 10. Other states such as Ohio have constitutional restrictions to gerrymandering, while the Kansas Constitution is silent.
The U.S. Supreme Court has just ruled the Congressional maps in North Carolina and Pennsylvania - drawn by state courts - can stand thus denying the objections filed by their State Legislature. But that decision also punted the real decision about federal and state election powers down the road to a later debate—one that will not impact the 2022 fall elections.
State legislative district maps are far more real and personal to incumbent legislators. Every effort is made to not pair up incumbent lawmakers if at all possible. This incumbent protection phrase is in the legislative guidelines approved by the House and Senate. ‘Behind closed doors political maneuvering’ is integral to redistricting. Legislative leaders can use the threat of a redrawn district as leverage for votes on key policy priorities. There are always several retiring lawmakers so that can figure into map drawing.
After this week, there are just three weeks left before the April 1 ending of the regular session. Again, supermajorities in the House and Senate will be required if there is a Governor’s veto. It is also possible that Republican leadership was ready to battle over the Congressional map, but may be working with both parties for some broader consensus and acceptance of the new legislative district maps.
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MORE CONSTITUTIONAL AMENDMENTS INTRODUCED
There is already one constitutional amendment on the August primary ballot-- abortion and women’s health rights. Another proposed constitutional amendment (HCR 5014) to give the Legislature the authority to revoke or delay administrative rules and regulations passed the Kansas House with a constitutional majority vote (85) and is now before the full Senate after being recommended for approval by the Senate Judiciary committee.
Now the constitutional amendment juggernaut turns to the selection of Kansas Supreme Court Justices. SCR 1621 proposes a constitutional amendment to provide that the Governor will appoint supreme court justices subject to senate confirmation (and to eliminate the supreme court nominating commission). SCR 1622 proposes a constitutional amendment to provide for partisan statewide election of the supreme court (and abolish the supreme court nominating commission). Many states do have partisan elections for supreme court justices and ‘dark money’ private campaign contributions drive these elections. The independence and integrity of the judicial system comes into serious debate.
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ENERGY BILL UPDATES
Senate Utility Committee held a hearing on Thursday March 10 on SB 478 which would require wind turbines to have light mitigation on existing and future turbines to reduce the annoyance to residents. Currently the turbines have blinking red lights atop the turbines for aviation safety purposes. Opponents to the bill expressed empathy to the concerns, but state that the bill is unworkable because the Federal Aviation Administration selects the lighting systems.
Read more at:
https://kansasreflector.com/2022/03/09/kansas-bill-would-require-wind-farms-to-minimize-blinking-lights/?eType=EmailBlastContent&eId=4e33d2d7-b605-471b-aff7-0f0130e26fd9
SB 374 removing the ten-year tax property tax exemption for clean energy will be heard in Senate Assessment and Taxation Committee on Tuesday, March 15. This is one of the two anti-clean energy bills still active among the many introduced in the Senate Utilities Committee.
by M. Fund
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CALENDAR Highlights Week of March 14
Note: Calendars are set by committee chair discretion so are subject to change. Check the daily calendar at http://kslegislature.org/li/b2021_22/chamber/calendars/
Hearings are also available remotely. See http://www.kslegislature.org/li/ Go to Audio/Video broadcast box on right side of page.
HOUSE
House Agriculture Committee 3:30 p.m. Room 112-N
Tuesday March 15 SB 346 (Raw Milk sales on farm bill) Final Action
And HB 2530 Meat Labeling and meat analogs definition and labeling. Final Action
Wednesday March 16 Informational Hearing: Ks. Food & Farm Coalition Continued
Discussion of local foods, food security, and SPARK funds with Ks. Department of Agriculture
House Taxation Committee 3:30 p.m. Room 346-S
Tuesday March 15 HB 2711 Food sales tax. Final Action.
SENATE
Senate Agriculture & Natural Resources Committee 8:30 a.m. Room 144-S
Monday March 14 SB 548 — Excepting matters relating to the administration or processing of individual water rights and applications from the advice and assistance that groundwater management districts may provide.
And SB 549 — Allowing certain water right holders to withdraw from a groundwater management district under certain circumstances.
(Both of these bills were introduced following the House Water Committee’s hearings on HB 2686, which included several changes to groundwater management districts. HB 2686 was gutted of the opposed GMD changes plus much more, and a Substitute for HB 2686 was passed. Its fate in the Legislature is uncertain. See PW #9 March issue.)
Senate Assessment & Taxation 9:30 a.m. 548-S
Tuesday, March 15 SB 374 hearing: Discontinuing the property tax exemption for new developments of renewable energy resources.
Possible action on bills previously heard.
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LEGISLATIVE DEADLINES
Thursday, February 24th (Turnaround Day) Last day to consider non-exempt bills in house of origin.
Wednesday, March 23rd (Second Chamber Consideration) Last day to consider non-exempt bills not in originating chamber.
Friday, April 1st (First Adjournment) No bills considered after this date except bills vetoed by governor, omnibus appropriations act and omnibus reconciliations spending limit bill.
Veto session is anticipated to begin on April 25th . *********
Exempt committees: House and Senate Federal and State Affairs, Senate Ways and Means, Senate Assessment and Taxation, House committees on Calendar and Printing, Appropriations, Taxation or select committees of either house when so authorized.
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