Legislative Update: Week 5

We are almost a third of the way through the legislative session! As turnaround approaches at the end of this week (February 20th), committees crammed in many bill hearings on a variety of different areas to keep bills from dying in committee (this would happen if the bill did not receive a committee hearing before February 20th), which would end the bill’s life for this year’s session. Monday (2/17) was the final day non-exempt committees met before turnaround, which means only a handful of committees will continue to meet throughout the coming weeks. If a bill did not receive a hearing, but is moved to an exempt committee, the bill is still considered alive for this session and has a chance to continue through the legislative process. We hope you find this legislative update helpful in knowing which bills of interest will continue to move through the legislative process and which bills will die in committee. 

Positive Outcomes from the Week! 

HB 2179: This bill would prohibit fines, fees and costs from being assessed against a juvenile or a juvenile's parent, guardian or custodian. The ACLU supports this initiative because justice should not be a monetary process. No youth or family should be saddled in debt, prohibiting them from rehabilitation. This bill had a hearing on 2/11, at which the ACLU provided in-person testimony in support of its passage. HB 2179 was passed out of committee on 2/13.  

HB 2330: This bill designates November 14th as Ruby Bridges Walk to School Day, commemorating a pivotal moment in civil rights history. The designation holds particular significance for Kansas, which was at the center of the landmark 1954 Brown v. Board of Education Supreme Court decision that declared racial segregation in public schools unconstitutional. The bill recognizes Ruby Nell Bridges, who at age six became the youngest African American student to integrate public schools, making her a symbol of the civil rights movement. The ACLU strongly supports this designation, and a hearing was held on February 17th. 

Criminal Legal Reform 

This was an extremely active period for bills relating to Criminal Legal Reform, as many committees focused on topics in this issue area. In addition to HB 2179, which prohibits fines and fees for juveniles, which passed out of committee, the following bills also had action this week. 

• HB 2228: HB 2228 would require the Secretary of Corrections to assist inmates with obtaining identification and employment related documentation prior to release from custody. This would help individuals better assimilate into the community and work force after incarceration. This bill had a hearing on 2/11, was passed out of committee on 2/13, and is strongly supported by the ACLU of Kansas. 
• HB 2325: The ACLU opposes this bill that would authorize judges to commit juvenile offenders to detention for technical violations of probation and would increase the cumulative detention limit for juvenile offenders and increase criminal penalties for juvenile offenders who use a firearm in the commission of an offense or who are repeat offenders. Increased detention times not only hurt our youth, but can cause a destructive cycle, further prohibiting rehabilitation and instead causing more harm to youth and their support networks. HB 2325 had a hearing on 2/14.  

Voting Rights 

Voting rights and voting suppression have remained a target for the 2025 legislature. Bills negatively impacting voter access and our democratic process have continued to rush through both chambers, with several more passing out of committee this week. 

• SB 4:  This bill would eliminate the 3-day mail processing window, disenfranchising thousands of Kansas voters, especially voters in rural areas or who have disabilities or other limitations in movement. We are vehemently opposed to this bill and submitted opposition testimony in Senate Federal & State Affairs. The bill passed in the Senate on 2/5. The ACLU submitted in-person opposition testimony to the hearing on this bill in House Elections on 2/11. This bill passed out of committee on 2/13 and is headed to the House floor for a vote. Take action to oppose this bill TODAY by contacting your representatives.
• HB 2016:  This bill would add private, online obituary notices as a method of removing deceased voters from the rolls. The ACLU believes this to be an insufficient method for removing voters because obituary notices frequently lack critical identifying information. The ACLU submitted opposition testimony; however, the bill was passed out of committee on 2/13. 

Immigration  

• HB 2373: If passed, this bill would take away in-state tuition from undocumented immigrants. It would also require any person who cannot verify their citizenship when charged with a crime be presumed a flight risk and held on bond. This legislation would presume a person is guilty of being a flight risk based solely on their documentation status, resulting in bond as a detention method due to inability to pay. Its companion bill, SB254, was introduced in the Senate. The ACLU of Kansas strongly opposes this measure. 
• SCR 1602:  This resolution encourages the Kelly administration to fully cooperate with the Trump administration on all matters related to the detention and deportation of undocumented immigrants. It passed out of committee on 2/17 and is headed to the House floor for a final vote. While the resolution has no force of law behind it, the ACLU is still fundamentally opposed to the notion of state resources being used to target immigrant communities.    

LGBTQ+ 

The first veto of the legislative session occurred this week on a bill pertaining to LGBTQ rights. Republican legislatures have continued to attack trans kids’ rights throughout the session, but we are not backing down. 

• SB 63: This bill will effectively ban access to all medically necessary healthcare (puberty blockers, HRT, etc.)  for trans Kansans under 18 years old and violate parents’ rights to control the healthcare decisions for their children. The ACLU of Kansas testified in person in opposition; however, the bill was passed by both chambers and was sent to the Governor to sign into law. Governor Laura Kelly vetoed the bill on 2/11 and sent it back to the legislature. To override the Governor’s veto, a two-thirds majority from both chambers must vote in favor of the override. 
• SB 76: This bill, which is opposed by the ACLU of Kansas, requires employees of school districts and postsecondary institutions to use names and pronouns consistent with a student's biological sex as stated on their birth certificate, unless parents provide written consent. It also protects individuals from disciplinary action if they refuse to use a student's chosen name or pronouns and permits lawsuits from anyone who overhears such usage. SB 76 was passed out of committee on 2/17. This bill would be a violation of students’ privacy and put their safety at risk, while placing extreme administrative burdens on schools and school districts. 
• HB 2311: HB 2311, opposed by the ACLU of Kansas, would allow discrimination of LGBTQ youth in child placements, allowing individuals refuse placements if they disagree with their sexual orientation or identity. The Secretary retains the ability to consider the religious and moral beliefs of the child, their biological family, and their community when determining appropriate placements. The bill explicitly states that it does not prevent the Secretary from making placements that serve the best interests of the child as required by law. A Hearing on HB 2311 was held on 2/17. 

Free Speech/DEI 

• HB 2299: The ACLU of Kansas opposes this bill, which infringes on speech protected by the First Amendment at public educational institutions.  The bill authorizes the Attorney General to pursue investigations that also infringe on the right to free expression and assess civil penalties, all in clear violation of the First Amendment. HB 2299 had a hearing on Friday 2/14 and was discussed by the committee on 2/17. 

As we hit turnaround this week, bills will be pushed through both chambers, so be sure to stay informed through our Legislative Hub to find out how to take action on key priorities this week.