SENATE HIGHLIGHTS
It was a big week in the legislature. The Senate voted on two tax proposals, and ultimately sent one to Governor Brownback’s desk. The first tax bill the Senate debated was SB 188, a bill presented by Senate Democrats. The bill would have closed the LLC exemption and would have expanded our current two-bracket tax system into a three-bracket system, at rates of 2.7, 4.6, and 6.45 percent. While the Senate spent a significant amount of time discussing this bill, it ultimately failed to make it to final action on a roll call vote of 10-30. Many members of the Senate Republican Caucus chose to vote against this bill with the understanding that they would have the opportunity to vote the following day on a tax bill the House sent to the Senate. On Friday, the Senate debated Sub HB 2178, a tax bill that passed the House earlier this week. There was substantial debate on this bill. Some colleagues thought that this bill didn’t go far enough to close the current $350 million budget deficit and some thought that it taxed too much and cut too little. Sub HB 2178 would close the LLC exemption, and would expand our current two-bracket tax system into a three-bracket system, at rates of 2.7, 5.25, and 5.45 percent. The next stop for Sub HB 2178 is Governor Brownback’s desk. He has openly stated that he will not sign this bill, although that doesn’t necessarily mean it won’t become law. The Governor is now presented with three options: a) he can sign the bill into law; b) he can let the bill become law – without signing it – by letting it sit on his desk for 10 days after receiving it; c) he can veto the bill within 10 days of receiving it.
Should the Governor choose to veto Sub HB 2178, the bill will go back to its house of origin, in this case the House, where a motion to override the veto would be in order at any time. It would require a two-thirds majority of House members (84) to override the veto. If the House overrides the veto, the bill will then come back to the Senate, which would also require a two-thirds majority (27) vote to override the veto. If the Governor vetoes the bill and both Chambers vote to override his veto, the bill becomes law. If either Chamber falls short of the necessary votes to override a veto, we will begin the tax process over again.
I would like to note here that the bill which did pass the Senate was a House Bill. This bill was not assigned to the Senate Tax Committee for review as usual but sent to the Senate floor instead. This reminds me so much of the 2012 Tax Bill which was a Senate bill and sent directly to the House floor for a vote. When one step of the process – in this case – with HB 2178 skipping the Senate Tax Committee for a full committee debate – we could possibly to back to the same scenario of unintended consequences as the 2012 Tax bill (which has sent us down this road in the first place). There is a Senate bill in committee with has a simple two tier bracket and the piece to remove the LLC exemption which is a popular concept in the Senate. I believe the more debate we can have on an issue and with both Chambers holding a position, then we will arrive at a place we can be comfortable with. I also believe there could’ve been a compromised Tax bill through the conference committee process without the risk of a VETO. All tax bills up for debate remove the LLC loophole which I am in favor of and voted against in 2012.
COMMITTEE ACTION
VAPOR TAX (SB 54), (SB130): The Senate Committee on Taxation held hearings on SB 130 and SB 54, measures that would clarify definitions of consumable material in vapor products and enforcement of tax collections.
Passed during last year’s session in the state’s budget was a 20¢ per milliliter tax on e-liquid. This tax was scheduled to take effect this July.
INCREASING COMPENSATION FOR WRONGFUL CONVICTED (SB125): The Senate Judiciary Committee heard testimony on SB 125 on Tuesday. The bill would require the state to provide compensation to persons wrongfully convicted of a crime. Kansas does not currently have a compensation statute in place, which means that the only redress for a wrongfully convicted person after proving their innocence is to file a lawsuit alleging civil rights violations. Thirty-two states and the federal government have compensation laws to ensure that the wrongfully convicted do not have to file a civil lawsuit to get the financial support they deserve. SB 125 bill aims to make the appeal process less strenuous, and to ensure proper compensation for those who were wrongfully convicted.
INTERLOCK SYSTEM FOR FIRST TIME DUI OFFENDERS (SB123): The Senate Judiciary Committee heard testimony on SB 123 on Tuesday. The bill would remove the requirement of an ignition interlock system for first-time DUI offenders. Those with DUI convictions are forced to have the ignition interlock system installed in their vehicle. This device forces drivers to pass a breathalyzer test before they can start their vehicle. Currently, many are choosing not to drive while serving out their suspension, but even after an offender’s suspension period has come to an end, individuals are finding out they are still required to rent a device before they’re able to get the reinstatement of their license. SB 123 intends to address those who have been convicted of a first-time DUI and allows courts to no longer require that the ignition interlock be a penalty. Offenders will no longer have to prove that they had the device before reinstatement of the guilty party’s driver’s license.
FOOD SALES TAX (SCR 1604): This Wednesday, the Senate Committee on taxation heard SCR 1604, a Senate Concurrent Resolution to amend the Kansas constitution by adding a new section regarding sales and taxation of food and food ingredients. The resolution would change the rate of sales and compensating use on food and food ingredients to 4 percent starting July 1, 2019 and ending June 30, 2020. Following June 30, 2020, the rate would then phase down to 2 percent. This proposition, if passed by both 2/3 vote in the Senate and 2/3 vote in the House, would then be voted on by Kansas citizens during the 2018 general election in the form of a ballot referendum.
BLIGHTED PROPERTY (SB31): This Thursday, the Senate Committee on Ethics, Elections and Local Government, passed out SB 31 which would allow cities, as well as certain organizations as authorized by current law, to take temporary possession of abandoned property for purposes of rehabilitating the property. The bill would also make a number of definitional and other changes to laws dealing with rehabilitation of abandoned property.
US Senate Agriculture Committee hearing in Manhattan, KS
US Senate Agriculture Committee will be hold the first US Senate Agriculture field hearing on Thursday, Feb. 23 at 3 p.m. (ET) at Kansas State University, in Manhattan, Kan., on the 2018 farm bill. Debate over reauthorizing the bill is already heating up in part because of the downturn in the farm economy. “We need clear direction on what is working and what is not working in farm country, and we will be listening to see what needs to be adjusted,” Committee Chairman Pat Roberts said when the hearing was first announced.
WELCOMING THE JAG PROGRAM TO THE STATE CAPITOL:
On Wednesday, Sen. Bud Estes invited and introduced students from the Jobs for America’s Graduates (JAG) Program on a Point of Personal Privilege. Wednesday was JAG-K day at the Capitol, and students met with legislators to inform them about the program. Concordia High School students were also recognized as was Bev Mortimer who is a curriculum director for the program. JAG-Kansas is an in-school program that works to move students toward high school graduation and on to a successful career path. The JAG program is dedicated to preventing high school students from dropping out and finishing their education. They have helped 3/4s of a million young people stay in school through high school graduation allowing them to pursue postsecondary education or onto career opportunities, 90% of students in the JAG program graduate high school.
FROM THE STATE LIBRARY
Mango
Ever wanted to learn a new language? With Mango Languages, you can learn over 70 languages right from your own computer (or smartphone!). There are courses in Spanish, French, Mandarin, Japanese, even Biblical Hebrew, plus many more. Mango uses real life situations and conversations to more effectively teach a new language. Mango also has courses for learning English in 19 foreign languages. Use as a Guest or register to track your progress. See Mango at http://kslib.info/Mango .
Research for Kids
The State Library has online interactive eBooks, storybooks, and puzzles for children. These resources encourage new and reluctant readers to develop a love for reading. BookFLIX (PreK to third grade) pairs children’s video storybooks with related nonfiction titles. TumbleBooks offers animated talking picture books and read-along chapter books that improve sight word recognition. Britannica E-Stax (PreK to 5th grade) features nonfiction that can be downloaded to any Internet enabled device. http://kslib.info/kids
If the page above asks for a Kansas Library eCard number, you may get one at any library in Kansas. Most people will be automatically recognized as inside Kansas and will not need this step. Questions: [email protected] or 785-296-3296.
NORTH CENTRAL KANSAS HONOR FLIGHT – JUNE 15-17, 2017
CHS honor students (guardians) again will be assisting the NCK Honor Flight riders to Washington DC. If you know a World War II or Korean Veteran who would like to be a Rider, please call Bev Mortimer at 785 243-0836 for an application or additional information. Applications should be submitted by April 1st. There is NO charge for the veteran.
1st Pages for Session 2017 – February 16th
Hannah Hall, Brooke Luedke and Carrie VanMeter all from Scandia, paged on Thursday for the Kansas Senate. They met Governor Brownback, took the Dome tour, worked in my office and ran errands for the Senate during session.
Visitors from Senate District #36
The sixth week of session was one of the busiest of the legislative year so far. Members from home with the North Central-Flint Hills Area on Aging had lunch with us for Older Kansans Day and stayed to watch the Senate session. Kansas Livestock Association members attended their annual event and dinner on Wednesday and Leadership Mitchell County invited Rep. Susan Concannon and myself to join them for lunch and a legislative update from us. Kansas Farm Bureau members met with legislators for lunch and the Kansas Association Community College Trustees and Phi Theta Kappa held their annual scholarship banquet and introduced the 2017 scholars, the Academic Team for 2017, on Thursday.
I always encourage you to stay informed of the issues under consideration by the Kansas Legislature. Committee schedules, bills, and other helpful information can be easily accessed through the legislature’s website at www.kslegislature.org. You are also able to ‘listen in live’ at this website. The House meets at 11:00AM and the Senate at 2:30. Please do not hesitate to contact me with your thoughts, concerns, and suggestions. An email is the best at this point in the session.
Thank you for the honor of serving you!
Sen. Elaine Bowers
Kansas State Capitol Building
Room 223-E
300 SW 10th St.
Topeka, KS 66612
[email protected]
785 296-7389
www.kslegislature.org
Sen. Elaine Bowers (R-Concordia) serves the 36th Dist. which includes Osborne, Rooks, Russell, and portions of Phillips counties.