From taxes to trans athletes, Republicans in Kansas Legislature look to override governor’s vetoes

The Democratic governor vetoed several high-profile bills approved by Kansas Republicans, including tax cuts and restrictions on transgender athletes. That sets up possible veto overrides during the final days of the session.

by Abigail Censky and Stephen Koranda, KCUR and Kansas News Service

Topeka, Kansas — Kansas lawmakers return to the Statehouse next week for a showdown with Democratic Gov. Laura Kelly over issues at the heart of both culture wars and taxes.

While legislators took a break, Kelly vetoed a range of high-profile bills. Now the conservative Republicans who control the Legislature face the challenge of overrides with slim margins to pull that off.

Republican Senate President Ty Masterson blasted the governor for striking down bills ranging from tax cuts to restrictions on transgender athletes.

“Republicans will respond to the governor’s veto-a-rama with a veto-override-a-rama when we return in May,” Masterson said in a statement.

Here are four of the top policies that lawmakers may clash over.

A tidal wave of trans athlete bans

Echoing a wave of bills in more than 30 states, Kansas Republicans passed the “Fairness in Women’s Sports Act.” The bill would ban people identified as male at birth from playing on women’s or girls’ teams. The bill doesn’t address people identified as female at birth playing on men’s or boys’ teams.

The proposed law was swiftly vetoed by Kelly. She deemed the legislation a “devastating message that Kansas is not welcoming to all children and their families” and said that it may harm the state’s ability to “attract and retain businesses.”

Following her veto, Republican leaders in the Legislature issued their own statement lambasting the veto. They said the bill is only about fairness and “not about anything else other than that” and pledged to continue to fight “until this bill becomes law.”

However, Republicans face an uphill battle in whipping enough votes to override Kelly’s veto. It takes 84 votes in the House and 27 in the Senate to overturn her veto.

Lawmakers need eight more votes in the House and one additional vote in the Senate.

Whether Republicans dig their heels in during the veto session remains to be seen. A recent NPR/PBS Newshour/ Marist poll reported that just 29% of Republicans nationally said they would support a bill banning transgender athletes from playing on a team that matches their gender identity.

However, while a majority of adults surveyed said they oppose legislating a ban on transgender athletes playing on teams that match their gender identity, there is a stark partisan divide between the opinions of Democrats and Republicans on the matter.

The poll reports three quarters of Democrats would be in favor of transgender athletes playing on teams that match their gender identity in high school while 81% of Republicans are against it.

Concealed carry for teens

After the session adjourned, Kelly also vetoed a bill that would let people from other states with permits to carry a concealed weapon have those permits honored in Kansas. More notably, it lowers the age of eligibility for a concealed carry permit from 21 to 18.

In a statement explaining her veto Kelly said, “Legislation that allows more guns on campus is neither safe nor effective, and it will drive prospective students away from our schools.”

Kansas already allows most people over 21 to carry a concealed weapon without a permit, but the bill would allow younger people to carry concealed guns if they get a state license.

Critics of the bill including gun-violence prevention group Moms Demand Action, praised Kelly’s veto. But Masterson said Kelly vetoed Second Amendment rights.

To override Kelly’s veto, Republicans need to pick up four votes in the House and could lose three in the Senate while still overriding.

Tackling tax cuts

Republicans took another swing at tax cuts this year. Their plan would benefit businesses with international divisions and help individual filers with changes like a larger standard deduction. But doing so would cost the state tax revenue.

Just like in past attempts, Kelly knocked the bill down with her veto pen. She raised concerns about the cost, pegged at several hundred million dollars in the coming years, and hinted at budget deficits the state saw after tax cuts in 2012 when Republican Sam Brownback was governor.

“We cannot return to the era of perennial, self-inflicted budget crises,” Kelly said in a statement announcing her veto.

But lawmakers in the conservative GOP Statehouse majority think this year they may have the votes to override the governor’s action after picking up seats in the 2020 election.

The tax plan passed the Senate with enough votes to override a veto, but would need three additional supporters in the House.

K-12 funding arithmetic

Conservative lawmakers tied billions of dollars in school funding to a proposal that would let some struggling students use state funding to attend a private school.

Critics of the idea said that would hold school funding hostage to get leverage for the policy proposals. Voting against the private school provisions would also mean voting against the budget for Kansas schools.

Ultimately, that’s exactly what happened. The bill narrowly failed in the House.

But conservatives argued it makes sense to mix policy changes with funding for public schools if it gives some students access to more educational options.

In the final days of the session, lawmakers will either have to craft a new bill that mixes policy proposals with funding, or simplify the equation and propose a bill that just funds Kansas education without policy changes.

Abigail Censky is the political reporter for the Kansas News Service. You can follow her on Twitter @AbigailCensky or email her at abigailcensky (at) kcur (dot) org.

Stephen Koranda is the Statehouse reporter and news editor for the Kansas News Service. You can follow him on Twitter @Stephen_Koranda.

The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy. Kansas News Service stories and photos may be republished by news media at no cost with proper attribution and a link to ksnewsservice.org.

See more at https://www.kcur.org/news/2021-04-27/from-taxes-to-trans-athletes-republicans-in-kansas-legislature-look-to-override-governors-vetoes.

Governor vetoes voter suppression, gun bills

Gov. Laura Kelly today vetoed two bills that she said would suppress voting in Kansas.

The bills, House Bill 2183 and House Bill 2332, would make it more difficult for Kansans to participate in elections, the governor said.

Gov. Kelly issued a veto statement:
“Although Kansans have cast millions of ballots over the last decade, there remains no evidence of significant voter fraud in Kansas. This bill is a solution to a problem that doesn’t exist. It is designed to disenfranchise Kansans, making it difficult for them to participate in the democratic process, not to stop voter fraud.


“We also know what happens when states enact restrictive voting legislation. Hundreds of major companies across the nation have made it abundantly clear that this kind of legislation is wrong. Antagonizing the very businesses Kansas is trying to recruit is not how we continue to grow our economy.


“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto Senate Substitute for House Bill 2183.”


House Democratic Leader Tom Sawyer issued this statement:

“I applaud the governor’s decision to veto S Sub for HB 2183 and HB 2332. These election bills are designed to disproportionately harm elderly Kansans, college students, and members of the military trying to exercise their right to vote. Furthermore, they continue a dangerous trend of taking away powers from other elected officials. The governor and secretary of state deserve the authority entrusted to them by the voters to appropriately respond to emergencies, including when it comes to elections. Removing that power – as these measures do – politicizes the process even further, which hurts all Kansans.”

The ACLU of Kansas executive director, Nadine Johnson, issued this statement:
“We support Gov. Laura Kelly’s veto today striking down a raft of cynical voter suppression bills aimed at disenfranchising Kansas voters.


“We believe that in America, voting is a right, not a privilege conferred on a favored faction able to traverse a bureaucratic, statutory maze calibrated to weaken turnout.


“These measures, rammed through the last session are intended to make voting more difficult and what’s more, they penalize actions and behavior already crimes under Kansas law.


“County Clerks and elections officials opposed these changes. The Secretary of State, who shares a party affiliation with those most determined to undermine Kansans’ ballot access, affirmed that the previous state and national elections were among the most secure in the nation’s history.


“There was no cheating or fraud, the Secretary of State said.


“The ACLU of Kansas believes that instead of following Georgia’s lead in discouraging turnout, Kansas should be working to expand civic participation.


“Democracy requires participation.


“Measures designed to stifle participation are by definition, undemocratic.”

Gov. Kelly today also vetoed a bill that would allow 18-year-olds to carry concealed guns. Currently, the age is 21 but the Legislature’s bill would have allowed 18-year-olds to get permits for concealed weapons.

The following message is from Gov. Laura Kelly regarding her veto of House Bill 2058:


“Throughout my time in public office, I have been a strong supporter of the Second Amendment and of Kansans’ right to own firearms.

“But we can respect and defend the rights of Kansas gun owners while also taking effective steps to keep our children and families safe. Legislation that allows more guns on campus is neither safe nor effective, and it will drive prospective students away from our schools.


“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto House Bill 2058.”

House Democratic Leader Tom Sawyer issued this statement:

“HB 2058 would allow felons, abusers, and stalkers who move from states with more lenient laws to carry weapons which they are statistically more likely to use to harm and kill their partners and victims. According to Kansas law enforcement, there has been a significant increase in domestic violence since the beginning of the pandemic. I stand in support of the governor’s decision to veto this bill, which will ensure that our state does not allow those situations to become even more dangerous than they already are.”

Kansas Attorney General Derek Schmidt, who is running for governor, issued this statement:

“The governor’s veto of this reasonable and needed 2nd Amendment legislation is deeply disappointing. The bill strengthens our ability to obtain reciprocity in licensing with other states. It also fixes the roadblock in the permitting process discovered when the governor ordered driver’s license offices closed during the pandemic, making it impossible for new applicants to obtain permits. And it promotes firearms safety by encouraging 18- to 20-year-olds, who lawfully may carry openly under current law, to obtain training and a permit to carry concealed. I hope the Legislature will override this ill-advised veto when it returns in May.”

Former Gov. Jeff Colyer, also a Republican candidate for governor, called on the Legislature to override some of Gov. Kelly’s vetoes.

The governor also vetoed a bill that would allow residents to put the Gadsden flag, a picture of a coiled snake, with “Don’t tread on me,” on state license plates.

The following message is from Gov. Laura Kelly regarding her veto of House Bill 2166:

“As long as I’m governor, I will do everything in my power to ensure that Kansas remains welcoming and inclusive. The Gadsden flag has become, over time, a symbol of racism and divisiveness. By inserting the Gadsden provision into an otherwise positive piece of legislation, the Legislature ensured a veto.

“The Legislature can easily pass and send me the original bill. If they do, I will sign it.”

Kansas governor vetoes ban on transgender athletes in female sports and braces for override fight

Conservatives contend transgender athletes bring unfair advantages to girls’ and women’s sports. The governor says the law would cost the state business — and set up transgender people for more harassment.

by Stephen Koranda, Kansas News Service

Topeka, Kansas — Arguing a ban on transgender athletes in girls’ and women’s sports invites bullying, Gov. Laura Kelly vetoed a bill that mirrored Republican efforts across the country that would have states policing high school and college sports.

“We should be focused on how to include all students in extracurricular activities rather than how to exclude those who may be different than us,” the governor’s office said in a statement. “Kansas is an inclusive state and our laws should reflect our values. This (bill) does not do that.”

And the Democratic governor repeated her argument that Kansas could lose business by putting the ban into law. The NCAA and other sports organizations have increasingly moved to avoid states seen as hostile to gay and transgender people.

A few weeks earlier, she called the bill a “job killer.”

Her veto sets the stage for a clash with the governor and Republicans who dominate the Legislature over an emerging issue that’s become prominent in culture wars across the country.

Republicans argue that people assigned as male at birth would bring unfair physical advantages if they played in female athletics. They’ve labeled the bill the Fairness in Women’s Sports Act.

Democrats say there’s no evidence that transgender athletes would damage female sports. Instead, they say the bill makes transgender athletes targets for more harassment and discrimination.

The bill passed with a strong margin in both the Kansas House and Senate, although not with the votes it would need to override Kelly’s rejection. Yet it enjoys the support of the conservatives who control leadership across the Legislature and has a reasonable chance to pick up the two-thirds it needs in each chamber to nullify the governor’s veto and become law.

The proposed law, Senate President Ty Masterson and Sen. Renee Erickson said in a statement on Thursday, “ensures fairness.”

“It’s not about anything other than that, and no state should allow itself to be intimidated by big corporations or the NCAA,” their statement said.

In a signal that the override fight was brewing, the two said: “We will continue to fight for fairness in women’s sports until this bill becomes law.

During a visit to Wichita last week, Kelly said adopting the bill into law invites a costly blowback from businesses.

“Companies are making it very clear,” she said at the time, “that they are not interested in this kind of regressive legislation that discriminates against anybody.”

The bill would ban transgender girls and women — those who were assigned at birth as boys but come to identify themselves as female — from female sports teams in public schools and universities.

Last week, the NCAA’s board of governors issued a statement supporting transgender athletes and said the organization only selects locations for major events that are “safe, healthy and free of discrimination.”

“We will continue to closely monitor these situations to determine whether NCAA championships can be conducted in ways that are welcoming and respectful of all participants,” the group said. The organization has made efforts in recent years to be more inclusive of transgender college students.

More than half the legislatures in the country have passed similar bans.

Wichita is already scheduled to hold NCAA basketball championship events in 2022 and 2025. Critics of the bill say Kansas could lose those events to other states if the ban took effect.

Stephen Koranda is the Statehouse reporter and news editor for the Kansas News Service. You can follow him on Twitter @Stephen_Koranda.

The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy. Kansas News Service stories and photos may be republished by news media at no cost with proper attribution and a link to ksnewsservice.org.

See more at https://www.kcur.org/news/2021-04-22/kansas-bill-banning-transgender-athletes-in-female-sports-vetoed-and-an-override-fight-brews.