Legislative Update: Week 6

Turnaround, the first big deadline of the Kansas Legislative session has come and gone, meaning the landscape of the legislative session has changed with key bills rapidly pushed through the chambers, and others dying in committee. “Turnaround” means bills that were introduced in the first two months of the legislative session must be passed through their original chamber (House or Senate) by February 20th to stay alive in the legislative process. If a bill fails to pass through its respective chamber, the bill is considered “dead” and will not move forward in the legislative session. This week also saw its first veto override on an extremely harmful bill that is a blatant attack on the LGBTQ+ community. Plus, Republican leadership seeks to pass a concurrent resolution which would politicize the Kansas Supreme Court and undermine its ability to protect our constitutional rights. This legislative update will keep you up to date on which bills are still in play under the capitol dome. 

Bills That Have Passed:

LGBTQ+ 

• SB 63: This bill effectively bans 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. On 2/18, both Chambers voted with a 2/3rds majority to override the veto. Once the bill is published in the Kansas register, it will take effect, immediately revoking much-needed medical care for Kansas families. In response a number of statewide advocacy groups recently came together with the Campaign for Southern Equality in direct response to SB 63,  and the newly launched program in Kansas aims at harm-reduction to help Kansas families find access to care in states without healthcare bans. 

Call to Action

• SCR 1611: The Senate Concurrent Resolution would seek to change the way Kansas Supreme Court Justices are selected and retained. Currently, a nominating commission, made up of highly qualified lawyers and civic leaders nominate three candidates for a vacant seat on the Kansas Supreme Court, and the governor chooses one of the candidates for the appointment. However, SCR1611 would eliminate the nominating commission, and allow for direct partisan elections to be held for a position on the Kansas Supreme Court. The ACLU is STRONGLY opposed to this resolution, as it would allow politics to infiltrate the Kansas Supreme Court. Supporters of the amendment openly admit that they want to change the process to be able to ban abortion, limit voting rights, and attack other constitutional rights SCR1611 has a hearing scheduled for Tuesday, 2/25 a which the ACLU of Kansas will provide in-person, opposition testimony. Take action TODAY on our website to contact your representative to oppose this resolution.  

Bills That Survived Turnaround: 

The following bills have survived Turnround, and will continue to be worked through the legislative process. “Surviving turnaround” means the bill passed through its originating committee and chamber (house or senate), or it was moved to an exempt committee (meaning bills in such committees are exempt from the turnaround chopping block). 

Criminal Legal Reform 

• 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 passed unanimously through the House 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 was referred to House Federal and State Affairs, which is an exempt committee.  

Voting Rights 

• 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 passed through the House and is currently in Senate Federal and State Affairs committee.  
• SB 6: 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 gives voters more choices on election day, but has reservations about the impact of RCV on voter turnout in communities of color. This bill has passed through the Senate and has a hearing scheduled on Thursday, 2/27, in House Elections committee. 
• HCR 5004: The House Concurrent Resolution attempts to amend the Kansas Constitution to explicitly restrict voting to Kansas citizens, an entirely unnecessary addition that would duplicate already existing state and federal law. It has passed through the house and is currently sits in Senate’s Federal and State Affairs committee.  

Immigration 

• 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. HB2020 has successfully passed through the house, but we still have grave concerns about who this information will be shared with and the bill’s lack of privacy guarantees.  
• SB 254: 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. SB254 has a hearing scheduled on Thursday (2/27) at which the ACLU of Kansas will provide oral, opposition testimony. Its companion bill, HB 2373, was introduced in House Federal and State Affairs, an exempt committee. 

LGBTQ+ 

• 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 through the Senate and is currently sitting in the House. 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. HB2311 has successfully made its way through the house and is currently in the Senate. 

Take action today by contacting your representatives and continue to check our legislative hub for more information and view our testimony on other bills and resolutions.