Kansas legislative session recap: What happened, what didn’t happen and why it matters

Kansas Republican lawmakers went home last week having accomplished much of what they set out to do in January.

Wielding the more conservative supermajority they won in the 2020 elections, they overrode Democratic Gov. Laura Kelly’s vetoes to achieve long-sought victories on tax cuts and gun rights. They set up a vote next year on amending the state constitution to open the door for new limits on abortion.

The GOP lost two big culture war battles — school choice and a ban on transgender athletes in K-12 and college sports for girls and women — but kept the issues alive for 2022.

The four-month session ended at 2:30 a.m. Saturday with lawmakers set to return for a ceremonial last day at the end of the month. Here’s a recap:

What happened in Kansas Legislature?

Abortion: The Legislature easily passed a constitutional amendment removing the right to abortion from the Kansas Constitution. If approved by voters in August 2022, lawmakers would once again have the power to sharply restrict abortion access. It could be banned entirely if the federal right to abortion established by Roe v. Wade is overturned by the Supreme Court. Speaker of the House Ron Ryckman, an Olathe Republican, said last month it was the most important thing the Legislature did all year. Everything else, he said, was extra.

Taxes: Lawmakers overrode Gov. Kelly’s veto of $130 million in tax cuts and $35 million in new sales taxes. Multinational companies can now return money to Kansas from overseas without paying state taxes. The measure increases the state’s standard deduction and allows residents to itemize state returns regardless of whether they itemize their federal taxes. It offsets some of those costs by imposing sales taxes on goods sold online. Gov. Kelly said it will lead to the kind of deep budget reductions that followed tax cuts during former Gov. Sam Brownback’s administration. Republicans said it was much needed post-pandemic tax relief. Republicans won.

Elections: While not as stringent as laws passed by other states, the new limits to advance voting make it illegal for a Kansan to return more than 10 advance ballots on behalf of other voters. There are also new curbs on the authority of the Governor, Secretary of State and state courts over elections.

Guns: After several failed attempts in past sessions, the Legislature lowered the concealed carry age to 18 in Kansas and guaranteed that the state will recognize concealed carry licenses from all other states.

Bi-partisan agreements: Lawmakers came together on school funding and an overhaul of the state’s unemployment system after the Department of Labor buckled under an unprecedented number of pandemic-generated claims and millions of dollars in fraudulent ones. Reacting to what they considered overreach in her response to COVID-19, the GOP succeeded in stripping Kelly of some powers by rewriting the state’s emergency management law. The revisions gained bipartisan support after negotiations between lawmakers and Kelly.

What didn’t happen in Topeka?

Police reform: Following nationwide protests sparked by George Floyd’s murder, the governor set up a commission to make recommendations on police reform and racial equity. Of the 10 measures introduced this year to address the issue, only one became law.

Medicaid expansion: In January, Gov. Laura Kelly proposed funding expanded eligibility with income from medical marijuana sales. The plan never received a hearing and Medicaid expansion went nowhere.

Medical marijuana: The state remains one of 14 that does not offer legal access to the drug. After long years of lobbying by advocates, it earned a last-minute vote in the House, which approved a fairly restrictive program. Senate President Ty Masterson, citing limited time, refused to bring it to the floor. The good news for proponents is that legislative rules allow the bill to stay alive over the summer and start in the Senate next year without a return to square one in the House.

Transgender athletes: A push by Senate Republicans to ban transgender athletes from girls’ and women’s school sports failed to survive Kelly’s veto. Though lawmakers cannot bring an identical bill back for a vote next year, they can push an amended version or tie it to another bill. At a Republican caucus last week, Sen. Renee Erickson, a Wichita Republican, spoke about Florida’s success in passing the policy alongside legislation allowing college athletes to profit from their image and likeness. While the NCAA does not support either policy, colleges have begun to view paying athletes as essential for recruiting.

School choice: An effort to tie school funding to a major expansion of school choice failed on a dramatic 20-20 vote in the Senate last month. Lawmakers then agreed to a bipartisan school finance bill that moderately expanded an existing voucher-style program. Rep. Kristey Williams, an Augusta Republican, said she hoped to work again next year to create an education savings account program allowing at-risk students to use money the state would otherwise spend on public education for private school tuition or other educational expenses.

Accountability: Rep. Aaron Coleman, a Kansas City Democrat with an alleged history of abusive behavior toward women, retained his seat and was given a mentor despite House Democrats’ attempt to oust him early on. Senate Majority Leader Gene Suellentrop, arrested for allegedly driving the wrong way on Topeka highways while drunk in March, kept his leadership position until weeks later when court records revealed he’d called the arresting officer “donut boy.” He still holds his seat in the Senate.

Rep. Mark Samsel, R - Wellsville, returned to Topeka for the final week of the session after he was arrested for allegedly assaulting a student while substitute teaching. In a statement last week, Speaker Ryckman said the Legislature had processes for addressing the representative’s conduct after law enforcement completes its investigation.