Legislative update from Rep. Pam Curtis

Opinion column

by Rep. Pam Curtis, D-32nd Dist.

Rep. Pam Curtis

The 2022 Legislative Session has started. Redistricting, Covid-19 relief, ending the sales tax on groceries, and cannabis reform are each on the agenda this session.

Your opinion matters to me. If you haven’t already, please take a few moments to answer my 2022 Legislative Agenda. Your feedback will help me formulate my votes in the coming weeks and months. Representative democracy doesn’t work without you.

The legislative survey is at https://www.curtisforkck.com/2022survey.

It is a special honor to serve as your state representative. I value and appreciate your input on issues facing state government. Please feel free to contact me with your comments and questions.

My office address is Room 452-S, 300 SW 10th, Topeka, KS 66612. You can reach me at 785-296-7430 or call the legislative hotline at 1-800-432-3924 to leave a message for me. You can also e-mail me at [email protected]

During week 2, legislators came together in bipartisan cooperation to extend Governor Kelly’s emergency declaration. House Democrats and Republicans released the first iterations of congressional redistricting maps. Additionally, three constitutional amendments were formally put forward to legalize marijuana and expand Medicaid.

Committees are beginning to get busy as bills are assigned and hearings scheduled to consider and advance legislation forward. My committee assignments include ranking member on the House Local Government Committee, member of the House Judiciary Committee and a nember of the House Commerce, Labor and Economic Development Committee. I also serve on the Joint Committee on Information Technology “JCIT” as well as the Information Technology Executive Council “ITEC.”

There have been several visitors making their way to the Statehouse this session. Please let me know if you are coming. It is always good to see people from home.

Responding to the COVID-19 surge with bipartisan cooperation

To kick off the week, Democrats and Republicans hastily passed HB 2477, a bill extending Gov. Laura Kelly’s emergency declaration following pleas from hospitals and nursing homes. It passed on emergency final action 106-5 without much fanfare in the House. She signed the bill into law on Friday afternoon.

Redistricting: Blue Stem, Ad Astra, Buffalo 2, and Sunflower

On Tuesday, Jan. 18, the House Redistricting Committee brought forth the first iterations of congressional redistricting maps. Redistricting Committee Ranking Member Tom Burroughs introduced a map in support of the League of Women Voters, deemed the “Buffalo 2” map. Three other maps were introduced by Republican Reps. Chris Croft and Kyle Hoffman.

In the “Ad Astra” map, presented by Redistricting Chairman Chris Croft, Johnson and Wyandotte counties are notably divided. This was a concerning map and ignored input from Kansans. People from all across the state submitted over 500 pieces of testimony during the Redistricting Listening Tour in August, and more than half were crystal clear: the 3rd Congressional District needs to keep Johnson and Wyandotte counties intact at its core.

Other maps that were introduced and considered are “Prairie Dog” and “Mushroom Rock.”

YesWeCannabis, expanding Medicaid

Three constitutional amendments, which I co-sponsored, were formally introduced. The amendments mandate the legislature to write policy to expand Medicaid and legalize marijuana, both recreationally and medicinally.

Kansans widely support legalizing marijuana and expanding Medicaid. However, Republican obstruction has for years delayed the adoption of these modern, quality of life policies. Kansas does not allow for ballot initiatives, and by introducing the legislation through constitutional amendment, the public is given the power to override legislative obstruction. If passed, Kansans would vote on these policies on the November 2022 ballot.

Overwhelmingly, those of you who live in House District 32 and who have answered my 2022 Legislative Survey have told me to work towards legalizing all cannabis for all purposes, recreational and medical. If you haven’t already, please take a moment to answer my Legislative Survey. Response has been good, but I’d like to hear from many more of my constituents on the most important issues in 2022.

Republican-backed redistricting map heads to Kansas governor after party line votes in Legislature

by Noah Taborda, Kansas Reflector

Topeka — A proposed map of the state’s congressional district boundaries headed Wednesday to the governor for further consideration, despite claims the “Ad Astra” plan would disenfranchise communities of interest and minorities.

Republican supporters said the process to determine the maps was fair and end product reflected a changing state. Opponents of the map said it was a clear gerrymander meant to splinter the Democratic vote and that there wasn’t sufficient consideration of public testimony.

Some Democrats said the 2nd Congressional District looks like an elephant. Rep. Jason Probst, a Hutchinson Democrat, said he chose to wear his Kansas socks Tuesday to demonstrate the importance of the issue to the people of Kansas.

“Today, as we cast the final vote on the Ad Astra map, I wore my taco, avocado and alien socks because putting those three things together makes far more sense than putting Lawrence in the same district as Bird City or Wyandotte County with Mulberry,” Probst said.

House legislators voted 79-37 to approve the map, following the lead of the Senate, where the same map passed 26-9. The map lacked the 84 votes required to override a veto should Gov. Laura Kelly choose to do so, although some legislators were absent.

Among points of contention in the plan was breaking up the Kansas City metro area, dividing Wyandotte along Interstate 70. The decision to move Lawrence into a rural district that stretches to the Colorado border was also met with pushback from Democrats, who said the intent to diminish the voting power of the 2nd District community was clear.

Rep. Tom Burroughs, D-33rd Dist., said the disregard for the desires of Kansans who testified in support of maintaining the core of Johnson and Wyandotte counties together was clear.

“This map is a textbook definition of racial and partisan gerrymandering, and I simply cannot support a map that blatantly disregards the agreed upon guidelines,” Burroughs said. “Residents were spurned for the purposes of weakening a Democratic stronghold, strengthening the Republican position and diluting the minority vote. This is completely unacceptable.”

Adding to concerns about public input, Democrats were frustrated with what they called a rushed process to approve this map.

Rep. Nick Hoheisel, R-Wichita, said the process has been transparent since the beginning.

“We held dozens of public hearings, traveling the state and putting hundreds of miles on our vehicles, visiting communities and gathering input,” Hoheisel said. “For the first time in Kansas history, folks could testify in committee from the comfort of their homes.”

Rep. Steve Huebert, who said Tuesday gerrymandering was simply part of the political process, backed the map because he said the election results in 2020 would be the same under the new map.

“Ultimately, each of us as representatives are responsible to our constituents and making decisions on redistricting for the next 10 years,” the Valley Center Republican said. “We followed the guidelines and listened to the comments of the king of Kansas throughout the process.”

Rep. Dan Osman, D-Overland Park, took to Twitter before the vote to express disappointment the map was even under consideration.

“Final action to be called on SB 355 aka Disenfranchisement,” he said. “Wait. My apologies. I’ve been told it’s officially called Ad Astra.”

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
See more at https://kansasreflector.com/2022/01/26/republican-backed-redistricting-map-heads-to-kansas-governor-after-party-line-votes-in-legislature/

Kansas bills eliminating food sales tax offer different approaches to addressing food insecurity

by Noah Taborda, Kansas Reflector

Topeka — A pair of bills aimed at eliminating the food sales tax on food and groceries in Kansas will help reduce rising food insecurity and aid families in getting food on the table, supporters say.

House Bill 2484 would exempt food and food ingredients, including products sold at restaurants, from state retail sales and compensation use tax beginning Jan. 1, 2023. The bill would not include alcoholic beverages or tobacco.

The second measure under consideration Tuesday, House Bill 2487, would exempt Kansans beginning July 1. The measure excludes prepared food from the exemption, unlike the first bill, and provides an exemption for sales of farm products sold at farmers’ markets.

Haley Kottler, thriving campaign director for Kansas Appleseed, said COVID-19 has exacerbated many food insecurity issues Kansas families already faced. She said the average family in need would notice savings of about $500 a year through either measure.

“If we want to see Kansas thrive, we need to address the rise in food insecurity any way that we can,” Kottler told legislators on the House Taxation Committee, led by Rep. Adam Smith, R-Weskan. “A 0% sales tax rate food and food ingredient policy solution will directly help all Kansans experiencing hunger and those who are not, while benefiting the Kansas economy.”

The renewed initiative to cut the food sales tax comes amid a budget surplus and after Gov, Laura Kelly and Attorney General Derek Schmidt each proposed either elimination or reduction of the tax. The governor has indicated she would sign the measure once it reaches her desk, if it is a clean bill without other tax breaks.

In 2019, the governor vetoed a pair of bills that would have gradually lowered sales tax down because they tied the measure to income tax breaks Kelly regarded as fiscally irresponsible.

The first proposal, House Bill 2484, would reduce state revenues by $319.8 million in 2023, $782.0 million in 2024 and $796.9 million in FY 2025, according to estimates from the Department of Revenue. The department estimated House Bill 2487 to carry a higher fiscal impact in the first year before leveling off, with $442.9 million in reduced revenue for 2023, $492.2 million in 2024 and $501.6 million in 2025.

Both plans would repeal the state’s non-refundable food tax credit available to certain Kansas residents with a qualifying income of less than $30,615. Revenue estimates suggest repealing the credit would save $10.3 million each year.

John Jenks, public policy director for The Greater Kansas City Chamber of Commerce, said Kansans are feeling the weight of one of the highest sales tax rates in the country and deserve relief.

“The Kansans that feel the greatest impact on this type of tax are often lower-income and underserved, as sales taxes, and especially a tax on food and groceries, is a regressive tax that disproportionately affects lower-income citizens,” Jenks said. “By reducing and eventually eliminating the state sales tax on food and groceries, the state of Kansas can help put money back in the pockets of Kansans to spend on other things and services throughout the state.”

While the KC Chamber approved of the goal, it urged a phased-in approach to be mindful of how quickly the state’s budget surplus can disappear and to allow all stakeholders time to adapt.

One notable difference between the two measures is the effect on local sales tax. While House Bill 2484 would not change local finances, the inclusion of a farmers market sales tax exemption in House Bill 2487 would decrease local sales tax revenue.

Still, the Kansas Association of Counties indicated that eliminating the state sales tax on food could increase local sales tax revenues used in part to finance local governments, especially in border counties and communities where many will cross state lines for cheaper groceries. Jay Hall, deputy director for the association, spoke in support of 2484 because it leaves the local portion of the sales tax untouched.

“We ask that the committee not also reduce the local portion of the tax because counties depend on that revenue,” Hall said. “If we were to reduce those sales taxes for the local portion, which would essentially shift that tax burden to the property tax.”

Another difference between these two measures is the inclusion of prepared food as sales tax exempt present in House Bill 2484. It defines prepared food as food sold heated, a product with two or more food ingredients combined by the seller for sale as a single item, or food sold with utensils provided by the seller.

Scott Schneider, representing the Kansas restaurant and hospitality Association, opposed House Bill 2487 but backed 2484 because it treats all food the same whether it is prepared or unprepared.

“I would encourage you to think about the small towns who no longer have a grocery store,” Schneider said. “People get their food where they can. Should those who have less access to unprepared foods pay more for their breakfast?”

He noted that one-half of every food sale was through a restaurant before the pandemic.

An area of concern for those who testified in opposition or offered a neutral viewpoint was the expected loss of revenue contributing to the state’s highway fund. House Bill 2487 would adjust the distribution of retail sales tax to ensure additional dollars for the highway fund, but the transportation piggybank would still realize revenue losses.

The Kansas Department of Transportation testified against the measures and warned about ramifications if the fund is not whole. Travis Lowe, a lobbyist for Economic Lifelines, a grassroots transportation organization, recommended an amendment to take care of the highway fund.

“The Eisenhower Legacy Transportation Program and its commitment to the state was approved under the assumption of this sustained funding source,” Lowe said. “If there is not an adjustment, the State Highway Fund will experience a large shortfall, undoing all the recent progress made by the Legislature in recent years to suspend the transfers from the State Highway Fund,”

The Kansas Farm Bureau also opposed the bill because food is one of the final sale destinations for agricultural products.

“A retail sales tax system should be designed to tax the ultimate retail sale,” said John Donley, representing the bureau. “It is our fear that the reduction in the retail sales tax of food may be a first step in moving toward a value-added taxing (VAT) system, which we strongly oppose.”

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.


See more at https://kansasreflector.com/2022/01/26/kansas-bills-eliminating-food-sales-tax-offer-different-approaches-to-addressing-food-insecurity/