This story is a part of The Capital-Journal’s ongoing bundle previewing the 2022 Kansas legislative session. Observe reporters Andrew Bahl, @AndrewBahl, and Jason Tidd, @Jason_Tidd, on Twitter or go to cjonline.com for extra state authorities and politics protection.
As legislators return to Topeka on Monday, there will be no shortage of issues on the agenda, starting from elevator security to funds payments impacting billions of {dollars} of state spending.
However there are a number of sizzling button points that seem poised for motion through the 2022 legislative session, most notably laws to legalize medical marijuana in Kansas. And payments to tighten the state’s election legal guidelines will nearly definitely get a glance amid heated nationwide debate on the subject.
Different areas are extra unsure. If legislators can discover compromise on key factors, we might see success for efforts to increase liquor gross sales, together with house supply of liquor, in addition to legalize sports activities betting.
Whereas Democratic legislators have lengthy hoped for motion increasing Medicaid entry in Kansas however the odds of passage stay slim amid Republican opposition. And a transfer to chop down abortion entry is not within the playing cards, with a serious statewide vote on the problem looming in August.
Extra:The 2022 Kansas legislative session kicks off Jan. 10. Here’s what you need to know.
Listed below are six points Kansans needs to be watching as session is ready to start:
Hope for medical marijuana in Kansas stays after historic 2021
Legislators made history last year when, for the primary time, the Kansas Home thought of and handed a invoice to legalize medical marijuana.
The invoice didn’t go so far as some advocates wished however most agreed it was a key step, with 37 different states having some type of legalized leisure or medical hashish.
The invoice would ban smoking or combusting hashish merchandise, as an alternative specializing in the legalization of edibles, patches and oils. There are also different mechanisms to curb who can entry the merchandise, together with limiting eligible circumstances to most cancers, Alzheimer’s and about two-dozen different illnesses.
However whereas conservative Republicans within the Home supported the proposal, underscoring the coalition of assist that has emerged on the subject, it faces an unsure future within the Kansas Senate.
Senate President Ty Masterson, R-Andover, instructed reporters final yr that he was open to the thought — offered it had acceptable safeguards to stop this system from turning into abused.
However Sen. Rob Olson, R-Olathe, chair of the Senate Federal and State Affairs Committee, which is ready to look at the problem, mentioned he thought the Home invoice was “rushed” and had some flaws.
Beforehand:Kansas House signs off on medical marijuana bill, giving supporters hope for next session
Nonetheless, these points had been resolvable, he added, although observers mustn’t anticipate swift motion, because the Senate has by no means thought of the problem earlier than. Olson famous they wanted extra data earlier than they proceed.
“The Home put their invoice collectively in a couple of week and ran it,” Olson mentioned. “And so we’ll be a bit extra deliberate.”
Home Minority Chief Tom Sawyer, D-Wichita, mentioned marijuana is the highest problem he hears about from constituents.
“You have obtained older individuals who have a whole lot of well being points which can be in ache who say it will assist relieve my ache,” he mentioned. “It would not make any sense. There are folks really transferring out of Kansas as a result of they can not get the reduction they want.”
Getting the invoice signed into legislation will seemingly not be an issue — Gov. Laura Kelly is a supporter of medical marijuana
Regardless of renewed thrust, Medicaid growth unlikely
Medicaid expansion has lengthy been a precedence of Kansas Democrats, however they’ve been unable to garner sufficient assist from Republicans. That dynamic is unlikely to vary this session, although Kelly mentioned she “won’t ever hand over on Medicaid growth.”
Home Democrats on Thursday introduced proposals for a trio of constitutional amendments. One would increase Medicaid, whereas the opposite two would legalize medical and leisure marijuana.
Sawyer, the Home minority chief, expressed optimism that extra Republicans could also be extra amenable to sending the problem to voters.
“They’ve made it very clear over the past eight years,” mentioned Rep. Jason Probst, D-Hutchinson, “they’ve zero curiosity in passing coverage associated to Medicaid growth … however they do appear to love this concept, no less than in discuss, about handing issues over to the voters and letting them resolve.”
The amendments, if handed, would require the Legislature to take motion with out specifying the coverage particulars.
Advocates have argued growth would assist roughly 145,000 Kansans who might acquire well being protection, which might additionally profit hospitals, particularly in rural areas. The federal authorities would decide up the overwhelming majority of the tab, however Kansas taxpayers would nonetheless be on the hook for thousands and thousands. In final yr’s funds proposal, Kelly really useful $19 million to expand KanCare.
“Some folks would possibly suppose it is form of drastic to do a constitutional modification, and it’s,” Probst mentioned. “However the reason being that we have simply had an absolute blockade.”
“We all know that Kansas desires this, we all know that they’ve wished it for a very long time,” he continued. “We now have a whole lot of knowledge that exhibits overwhelming assist for it. Our rural hospitals have been screaming for it. We might have actually used it throughout a pandemic, when lots of people wanted extra well being care and could not afford it.
“And the Legislature and the Republican management has actively blocked it at each flip.”
Beforehand:Medicaid expansion would benefit Kansas and help protect our struggling rural hospitals
Abortion coverage to take a backseat forward of statewide vote
Abortion politics are anticipated to take a again seat for the subsequent a number of months as anti-abortion teams give attention to the August main. That is when voters resolve on the proposed Worth Them Each modification.
The modification would successfully overturn a Kansas Supreme Courtroom resolution that discovered the state structure ensures a proper to an abortion.
Kansas anti-abortion teams haven’t embraced the Texas method, the place lawmakers have banned abortions at six weeks with out rape or incest exceptions. The legislation is exclusive in its enforcement mechanism, which permits civil lawsuits towards medical doctors and clinics that might financially reward those that convey the lawsuits.
The Texas legislation has led to an inflow of Texas and Oklahoma girls in search of abortions in Kansas — together with instances the place an abortion is necessary because the fetus would not survive or to save the mother’s life, KCUR reported final month.
Republicans have signaled that abortion will stay an vital political problem.
“Laura Kelly’s Kansas is an abortion sanctuary with a whole bunch of girls coming to Kansas from throughout the nation to get an abortion,” Home Majority Chief Dan Hawkins, R-Wichita, wrote in a December publication.
The Supreme Courtroom “has opened the floodgates to the abortion trade in our state,” he mentioned. “It’s actually disturbing. Fortunately all of us have the chance to flip the script … Kansas should do higher than being referred to as the abortion capital of America.”
Regardless of common assist, questions stay on authorized sports activities betting
Wish to wager on the Chiefs, Jayhawks or Royals? The prospects for legalized sports betting in Kansas stay as unsure as ever, regardless of appreciable curiosity from followers of all stripes throughout the state.
Divides between the Home and Senate on the best way to method the problem once more stalled a invoice to legalize sports activities betting in 2021. An effort within the Home failed final session, largely on account of opposition from the state’s casinos, who favor a Senate plan which handed that chamber.
Underneath the Home plan, as much as 1,200 lottery dispensers to take part in betting, together with a variety of casinos. The state would additionally obtain 14% to twenty% of betting income.
However the Senate model, launched by Sen. Jeff Longbine, R-Emporia, would see the state get much less income and likewise would successfully let the casinos run their very own applications, with the Kansas Lottery offering oversight.
Proponents argue this might convey Kansas in step with what neighboring states are providing. And there’s concern that, beneath the Home model, the Kansas Lottery may very well be on the hook if losses outweigh income in a given yr.
Beforehand:Kansans could be able to bet on the Chiefs, Jayhawks. Here’s what you need to know.
However Rep. John Barker, R-Abilene, who chairs the Home Federal and State Affairs Committee, which handles the problem, mentioned not too long ago he didn’t need to hand an excessive amount of energy over to the casinos.
“I would like them to generate income,” Barker mentioned. “However I additionally need the state of Kansas (to generate income). If we’ll do it, we should always have the ability to get fairly a little bit of income from that.”
For his half, Barker mentioned he had talked with Olson, his counterpart within the Senate, on the problem and believed a deal was potential.
“It’s going to all work itself out within the wash,” he mentioned.
Olson mentioned the problem could be a prime precedence, nonetheless, noting the state has left thousands and thousands of {dollars} on the desk by not performing beforehand.
“We have missed out on in all probability $40 or $50 million, simply, perhaps extra, on sports activities wagering,” he mentioned. “And we’re simply past being fools now.”
Legislators weigh additional growth of liquor gross sales
After a session the place lawmakers imbibed in modernizing the state’s liquor code, lawmakers are break up on whether or not additional adjustments needs to be pursued.
The COVID-19 pandemic prompted a wave of strikes, together with the start of to-go cocktails and drive-through drinks, with these adjustments made everlasting within the 2021 session.
The Special Committee on Liquor Law Modernization examined a spread of different adjustments, together with permitting people to order beer or spirits on-line and have them delivered, maybe together with their groceries.
The transfer might assist smaller distilleries as properly, increasing the marketplace for their product.
“I feel that we are going to have a invoice out on that,” Barker mentioned.
However Olson mentioned the subject material would not be a serious precedence for his committee, on condition that they are going to be tasked with reviewing potential election reforms, medical marijuana and sports activities betting.
“We have achieved quite a bit with liquor legal guidelines over the past a number of years,” Olson mentioned. “And I am inclined to take a look at minor adjustments which can be wanted. However I feel that is a reasonably main change.”
Extra:Affected by COVID-19 and 2019 law, Kansas alcohol seeks loosened regulations to help out industry
And there are some who’re involved the spate of liquor legislation adjustments might have gone too far, with Rep. John Carmichael, D-Wichita, pushing legislators to evaluate how adjustments like liquor to-go have impacted public well being.
“We must see if if we have now liberalized an excessive amount of too quick,” he mentioned in an interview in September. “My hope is that the reply isn’t any, that we’ve not.”
Expanded election audits may very well be within the playing cards
Some politicians might introduce payments on elections within the wake of former President Donald Trump’s unfounded claims of election fraud. Republican Secretary of State Scott Schwab has maintained that the 2020 election in Kansas was freed from widespread voter fraud and election safety issues.
Schwab targeted his 2022 legislative agenda on “strengthening Kansas election legal guidelines to reinforce election integrity and safety,” his workplace mentioned in a information launch.
He’s proposing an enhanced post-election audit, a measure which Sen. Richard Hilderbrand, R-Galena, has additionally mentioned he’ll introduce.
“Conducting post-election audits for presidential, federal, statewide and native races had been a prime precedence for my administration,” Schwab mentioned in an announcement. “Since taking workplace in 2019, for the primary time in Kansas historical past post-election audits had been accomplished, leading to over 300 profitable county audits.
“Securing our elections by means of enhanced audits is not going to solely bolster the integrity of our elections now, however for generations to return.”
In October, the secretary of state’s election director mentioned Kansas already conducts audits and dismissed requires a “forensic” audit. Kansas does have picture ID and signature verification legal guidelines necessities in place, and the state is placing larger emphasis on cybersecurity.
Extra:‘Legislators are getting calls for a forensic audit’: Kansas officials work toward ‘safer elections’
Schwab additionally desires lawmakers to handle what he sees as an issue with voter roll upkeep. At the moment, county election officers are required to attend two federal election cycles earlier than eradicating inactive voters from the voter record.
“It’s vital to have our state’s voter registration record correct and up to date,” Schwab mentioned. “With out steady upkeep, the Kansas electoral system can turn out to be susceptible for fraud and duplicate voting.”
Kansas counties haven’t linked voting machines to the web since 2006, and Schwab desires to codify that coverage into statute. He additionally desires elevated safety of digital pollbooks.
Lawmakers this session must spend $1.9 million to pay legal fees connected to an unconstitutional election law defended by Schmidt and championed by Schwab and former Secretary of State Kris Kobach. In the meantime, a pair of state and federal lawsuits difficult election legal guidelines enacted final session proceed to wind by means of court docket.
Andrew Bahl is a senior statehouse reporter for the Topeka Capital-Journal. He may be reached at [email protected] or by cellphone at 443-979-6100.
