Legislature overrides vetoes of COVID federal funding administration, election reform, concealed carry and tax cut bills

A number of veto overrides have come out of the Kansas Legislature in the past few days on bills ranging from election laws to COVID-19 funding.

The GOP-controlled Legislature voted mostly along partisan lines to override Gov. Laura Kelly’s vetoes.

One that wasn’t overridden was a veto of a bill barring transgender athletes from competing in women’s sports.

On the override of the tax cut veto, Gov. Kelly issued a statement, “Senate Bill 50 is reckless, shortsighted, and jeopardizes our ability to fund education and will leave Kansans on the hook for another tax-cut that we can’t afford. It’s as if legislative leaders want to return to the days of budget crises, gutting transportation spending, and 4-day school weeks. I’ve never met a Kansan who wants that. While some may treat today’s vote as a partisan victory, I’m going to continue to fight to keep Kansas schools funded and to protect our economy.”

As reported by the Kansas Reflector website, the veto overrides have included:

COVID-19 federal funding. https://kansasreflector.com/2021/05/04/house-hits-veto-override-button-to-strip-governor-of-covid-19-funding-oversight/
The House overrode the governor’s veto of a provision putting a small group of legislators in charge of allocating $1.6 billion of federal COVID-19 funding. Formerly, the governor and a task force was in charge of this, with recommendations then going to the State Finance Council, which included the governor and legislative leaders. Under the override version, the governor is left out.

Election reform bills. https://kansasreflector.com/2021/05/03/kansas-house-overrides-governors-veto-of-two-election-reform-bills/
The House and Senate overrode the governor’s veto of two election bills. Under the bills, advance ballots applications sent to voters would have to have more information about the sponsors and declare it wasn’t sent by an official government agency. Candidates could not assist voters directly. Non-candidates could not help more than 10 advance voters, making it a misdemeanor to help an 11th voter. The courts and state administrative offices could not change deadlines for submitting ballots without the permission of the Legislature. County election offices would have to confirm registration addresses. Organizations could not provide grants to county election offices to conduct elections. Opponents claimed these are voter suppression efforts.

Tax cuts. https://kansasreflector.com/2021/05/03/kansas-republicans-restore-tax-cuts-after-both-chambers-spike-governors-veto/
Legislators overrode the veto of Senate Bill 50. The bill has tax breaks for multinational corporations, increases the standard deduction for state income tax returns and allows those with high incomes to claim a standard deduction on federal taxes while itemizing contributions or deductible expenses on their state income tax return. The state sales tax would apply to online retail sales. The governor had said the state can’t afford these tax cuts.
Critics also pointed out that the tax cuts could affect education funding, see https://kansasreflector.com/2021/05/04/senate-republicans-dismiss-kansas-budget-directors-warning-about-education-funds/.

Concealed carry age and Gadsden license plate. https://kansasreflector.com/2021/05/03/kansas-house-votes-to-override-governors-veto-of-license-plate-with-ties-to-slave-owner/
With an override of the governor’s veto of a concealed carry bill, residents 18 to 21 would now be able to carry concealed weapons in public. Firearms training, a background check and state fee would be required. It also would allow residents of other states in that age group, with licenses, to carry concealed weapons in Kansas. Critics of the bill said that teens’ brains are not yet fully developed enough for this. Legislators also overrode the veto of the “Don’t Tread on Me” Gadsden flag to be available on state license plates. According to critics, Christopher Gadsden was a major slave owner in revolutionary times, and they did not want the state to fund a license plate that would honor a slave owner.

Kansas lawmakers fall short in their attempts to ban transgender athletes from female sports teams

Democratic Gov. Laura Kelly warned that the ban would have encouraged more bullying and cost the state business.

by Stephen Koranda, KCUR and Kansas News Service

Topeka, Kansas — Republicans trying to push through a ban on transgender athletes in girls’ and women’s sports fell short Monday of overriding Democratic Gov. Laura Kelly’s veto of the bill.

The tally was one vote shy of overriding in the Kansas Senate, which stopped progress before the House could take up the measure. That means transgender athletes can continue to compete on female sports teams at Kansas public schools and universities contingent on league rules on the matter.

Opponents of the bill had argued the ban targeted transgender students who already often face harassment.

Sen. Pat Pettey

“It is a piece of legislation that can be bullying and discriminatory to our children in Kansas,” Sen. Pat Pettey, D-6th Dist., said during debate on the override.

Supporters argue transgender athletes hold an unfair advantage and the ban would preserve women’s athletics.

“It is our right and it is our responsibility to speak up,” Republican Sen. Renee Erickson said.

Sen. David Haley

Sen. David Haley, D-4th Dist., cast the deciding vote against an override in the Senate. He said he supports LGBTQ rights but also has a relative on a women’s college sports scholarship.

The vote was sitting one short of the 27 needed for an override in the Senate. After delaying his decision, Haley ultimately voted against the bill.

“This is probably one of the most difficult votes I’ve had to take,” Sen. Haley said, “because the issues are so well-reasoned on both sides.”

An override would have likely triggered a legal fight, as seen in Idaho.

The effort in Kansas mirrored a push in more than 30 other states.

Gov. Kelly had said the ban sent a message that Kansas was an unwelcoming and discriminatory state and that it could cost it athletic events and economic development projects.

“As Kansans, 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,” Gov. Kelly said in a statement when vetoing the bill.

The governing board of the NCAA has warned that such laws could jeapordize major sports events, warning that the group only holds competitions in places 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 last month.

Wichita is currently slated to play host to NCAA basketball championship events in 2022 and 2025.

Abigail Censky contributed to this report.
Stephen Koranda is the Statehouse reporter and news editor for the Kansas News Service. You can follow him on Twitter @Stephen_Koranda or email him at stephenkoranda (at) kcur (dot) org.
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/2021-05-03/kansas-lawmakers-fall-short-in-their-attempts-to-ban-transgender-athletes-from-female-sports-teams.

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.