Legislative Update: Week 2

After two weeks of the legislative session, civil liberties remain heavily under attack.  Attacks have come from all angles during week two, from decreasing voting access, to reintroducing abortion bans, to banning gender affirming care for minors. Yet, the ACLU of Kansas remains vigilant in defending the rights of Kansas under the capitol dome. 

VOTING RIGHTS BILLS

Voting right continue to be under attack. The following bills and constitutional amendments have been introduced:. 

• SB4: This bill would eliminate the 3-day mail processing window, disenfranchising Kansas voters. This bill unfairly punishes Kansans for postal service inefficiencies. We are vehemently opposed to this bill and submitted opposition testimony in Senate Federal & State Affairs. 
• SB6: If passed, SB6 would outlaw Ranked Choice Voting (RCV) in the state of Kansas. This is an issue best decided at the local level. The ACLU agrees with the overall goal of RCV, to give voters more choices on election day, but has reservations about the impact of RCV on voter turnout in communities of color. The ACLU submitted neutral testimony on this bill. 
• HB2021: A bill that would allow the Secretary of State’s office to dictate where county clerks place ballot drop boxes. No two counties are alike, and clerks know their counties’ needs better than legislators in Topeka. The ACLU is submitting an opponent’s testimony for on this bill. 
• HCR5004: This House Concurrent Resolution attempts to amend the Kansas Constitution to explicitly restrict voting to Kansas citizens. This is an entirely unnecessary addition that would duplicate already existing state and federal law and, as we've seen in other states that have passed similar efforts, this redundancy is a trojan horse serving as a vessel for other voter suppression tactics. The ACLU submitted opposition testimony for to this bill. 

IMMIGRATION BILLS & RESOLUTIONS

• SCR 1602: This non-binding resolution , which encourages Governor Kelly to collaborate with Trump-era deportation policies, was passed out of committee and favorably recommended to the Senate floor. We oppose this measure and will continue to monitor its progress through the legislative process. 
• HB 2020: This bill would require a monthly report of non-citizens who were issued licenses to be sent to the Secretary of State and fails to address issues of data privacy. The ACLU of Kansas submitted opposition testimony to HB2020 in House Elections. 

REPRODUCTIVE RIGHTS BILLS

Despite the Kansas Constitution enshrining the right to bodily autonomy, reproductive rights remain the target of several republican legislators. 

• HB 2009 seeks to prohibit all abortions, except when necessary to save the life of the mother.  
• HB 2010 would make it a criminal offense to perform abortions in Kansas.  

Both bills were referred to the House Health and Human Services Committee, but no hearings have been set. We will continue to monitor these bills as the legislative session continues.  

Additionally, HB 2062 was introduced, allowing child support to be collected from the point of conception. This bill would codify “fetal personhood”, granting legal rights to embryos and opening a backdoor to criminalizing pregnant people, and has failed in previous sessions. A scheduled hearing will be held in the House Judiciary Committee Wednesday, January 29th at 3:30 PM.

LGBTQ+ BILLS

Two medical and social gender-affirming care bans for minors were introduced in the House and Senate this during the week.  

SB 63 and HB 2071: These bills will effectively ban access to all medically necessary healthcare (puberty blockers, HRT, etc.)  for trans Kansans under 18 years old, ban state funds, including Medicaid, from being used to cover medically necessary healthcare and prescriptions for trans Kansans under 18, ban state facilities or individuals/entities receiving state funds from “promoting or advocating” social transition or medically necessary health care to trans Kansans under 18, and violate parents’ rights to control the healthcare decisions for their children. These twin pieces of legislation are a direct violation of our civil liberties. Everyone should have the freedom to make their own private medical decisions and consult with their doctors—without politicians’ intrusion. Families and doctors should be trusted to make these private medical decisions, not politicians.  Also, this bill strips parents of their fundamental right to make decisions about their children’s medical care. Bans don’t create more options for care; they take away the only evidence-based option. Hearings have been set for both bills on Tuesday the 28th. SB 63 will be heard at 8:30am in the Senate’s Public Health and Welfare committee, and HB 2071 will be heard at 1:30pm in the House’s Health and Human Services committee. The ACLU of Kansas will testify in person, in opposition, in front of both committees.