Institute for Legislative Analysis

Michael Fagg

This bill contains a number of occupational licensing reforms designed to reduce regulatory burdens. Most notably, the bill allows pharmacy technicians to administer certain vaccines after completing required training, requires the behavioral sciences regulatory board to adopt an expedited application process for occupational licenses, which requires a decision within 15 days, and establishes a "sports waiver" allowing sports team physicians licensed in another state to treat athletes and coaches while in the state. The bill also reduces annual continuing education requirements, extends and establishes new temporary licenses, and reduces the amount of time certain behavioral sciences licenses must be held in another state in order to receive a reciprocal license. Support is the Limited Government Position as this bill serves as a step in the right direction to reducing unnecessary employment barriers. Most occupational licensing regulations - especially those enacted at the local level - are overly restrictive and primarily designed to restrict competition.

Combatting Regulatory Overreach Through Occupational Licensing Reforms.

This bill amends the definition of "small employer" for purposes of a health insurance mandate, which requires coverage for diagnosis and treatment of autism spectrum disorder for individuals under 12. Under the bill, a small employer is one with an average of 2-50 employees (previously an average of 1-100 employees). Existing law requires the Commissioner of the Department of Insurance to grant a small employer a waiver of this requirement if the employer shows that it has caused an increase in premium costs of 2.5% or more. Oppose is the Limited Government Position as this bill allows fewer businesses to qualify for a waiver from the coverage requirement, as fewer businesses will be considered a "small employer". Each and every health insurance mandate or price control on co-payments prevents an individual or business from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need.

Hiking Health Insurance Premiums by No Longer Providing Small Businesses a Waiver from the Autism Spectrum Disorder Coverage Mandate.

This bill makes several changes to alcohol regulations. First, the bill loosens regulations on the sale and on-premises consumption of cereal malt beverages on Sundays by removing the requirement that at least 30% of the businesses' sales come from food purchases. The bill also eliminates the requirement that traffic be blocked in "common consumption areas" during events and allows food establishments, such as restaurants and grocery stores, as well as microbreweries, to allow dogs in outside areas. Finally, the bill loosens restrictions on alcohol samples and allows alcohol to be provided as a prize for a charitable raffle to individuals 21 and older. Support is the Limited Government Position as this bill strengthens individual liberties by removing overreaching regulations that restrict competition within the alcohol industry and infringe on consumer choice.

Expanding Individual Liberties by Allowing More Bars to Open on Sundays Through the Loosening of Overreaching Regulations on Alcohol.

This motion overrides the Governor's veto of a bill that requires all advance vote-by-mail ballots to be received by the county election office by 7:00 pm on election day in order to be counted. Previously, ballots received up to 3 days after election day could be counted as long as they were postmarked before the polls closed on election day. Support is the Limited Government Position as maintaining strong safeguards against voter fraud is a critical aspect of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Strengthening Election Integrity by Requiring Advance Voting Ballots be Returned by Election Day.

This bill extends the maximum loan repayment term for municipalities that receive a loan from the Kansas Water Pollution Control Revolving Fund from 20 years to 30 years. The fund provides loans to municipalities at or below market rates for the "acquisition, construction, improvement, repair, rehabilitation, or extension of a wastewater treatment works." Oppose is the Limited Government Position as this bill weakens a fiscal safeguard designed to constrain spending and taxpayer debt levels. Monthly payments for such projects will now be lower, placing less scrutiny to the needs and costs of such projects.

Weakening a Fiscal Safeguard by Extending the Repayment Period of Kansas Water Pollution Control Revolving Fund for Localities.

This bill allows students enrolled in a virtual school to take any statewide assessments virtually, helping reduce transportation barriers. Administration of virtual assessments must meet certain requirements, such as monitoring of the student by camera and use of internet browser lockdown software. Support is the Limited Government Position as this bill strengthens school choice by removing a barrier that may have dissuaded families from choosing virtual school for their children.

Reducing a Barrier to School Choice by Allowing Virtual School Students to take Virtual Assessments.

This resolution amends the state Constitution to limit annual increases in property valuation to 4% unless there is new construction or improvements to the property or other changes. Support is the Limited Government Position as this bill helps protect homeowners and businesses from even greater levels of taxation. While this bill serves as a step in the right direction, lawmakers should advance additional reforms to provide broad-based property tax relief, which will help spur economic growth.

Protecting Homeowners and Businesses from Spiking Property Taxes by Limiting Annual Property Assessment Increases.

This motion overrides the Governor's veto of a bill that contains multiple provisions related to individual and corporate tax rates. The bill replaces income tax brackets with a flat tax of 5.15%, reduces the corporate tax rate from 4% to 3%, and increases the exemption on social security income. The bill also increases the amount of property value exempt from school district property taxes from $40,000 to $60,000 and eliminates the sales tax on food and food ingredients beginning in 2024 instead of 2025. Support is the Limited Government Position as these tax cuts will drive businesses to Kansas and unleash economic growth by keeping a greater amount of resources in the private sector where they can be reinvested.

Expanding Economic Growth by Lowering the Corporate Tax Rate and Replacing Personal Income Tax Brackets with a Flat Tax.

This bill, the Kansas Film and Digital Media Production Development Act, would provide an income tax credit, sales tax exemption, and loans and grants to incentivize film, video, and digital media production in Kansas. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone. The tax cronyism dilutes the tax base, thus increasing tax burdens on all other taxpayers not favored by government.

Expanding Cronyism and Enriching Woke Media Companies through a New Tax Carve Out for Film and Media Production.

This bill requires both custodial and non-custodial parents to cooperate with the child support enforcement program in order to be eligible for food assistance programs. Under existing law, parents who do not cooperate with child support services without good cause are ineligible. The bill also disqualifies custodial or non-custodial parents from receiving food assistance if they are delinquent in making court-ordered child support payments, with the bill providing when the Secretary for Children and Families is required to review compliance. Under existing law, an individual is disqualified during any month in which they are delinquent. Support is the Limited Government Position as this bill reduces government dependency and helps work-ready adults to become self-sufficient.

Promoting Self-Sufficiency and Increasing Integrity in the SNAP Welfare Program by Strengthening Requirements that Recipients Comply with Child Support Obligations.

This bill, the Kansas Adult Learner Grant Act, establishes a grant program to provide $3,000 grants each semester to college students who are 25 or older and pursuing a degree designated by the state board of regents as an "adult learner grant eligible program," such as nursing or education. Eligibility is also limited to students with a household income of $100,000 or less for a family of two or $150,000 or less for a family of three, and students must agree to live and work in Kansas for two years after graduating. Additionally, grant recipients who complete their degree are also eligible for a "Kansas workforce retention incentive" income tax credit of up to $1,500 if they live in the state for two years and are employed in Kansas or entered the military. Oppose is the Limited Government Position as this wealth redistribution scheme enriches individuals who choose to pursue college or the trades at the expense of others who may choose to start a business or other career path not requiring costly training. The state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Expanding Wealth Redistribution and Out-of-Control Spending by Providing Adult Learners with $3,000 Grants and a $1,500 Income Tax Credit.

The Steffen amendment to a bill that expands eligibility under the Low Income Students Scholarship Act, which allows eligible students to receive funding for educational expenses such as tuition at a private school, textbooks, and transportation. This amendment expands eligibility to students with a household income of up to 400% of the federal poverty guidelines, rather than 250%. Support is the Limited Government Position as this amendment improves educational outcomes for all students by fostering competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

Improving Educational Outcomes by Expanding Eligibility Under the Low Income Students Scholarship Act.

This motion overrides the Governor's veto of a bill that establishes work requirements under the supplemental nutrition assistance program (SNAP) for recipients ages 50-59 who have no dependents and are not exempt under federal law. Under the bill, these recipients would be required to be assigned to an employment and training program. Support is the Limited Government Position as this bill reduces government dependency and helps work-ready adults to become self-sufficient.

Promoting Self-Sufficiency by Establishing Work Requirements for SNAP Welfare Program Recipients Ages 50-59.

The Reddi amendment to the annual appropriations bill. This amendment eliminates language in the bill that prohibits colleges and universities from using state funds to require or request any applicants or students to provide diversity statements, or to provide preferential consideration based on such statements. Support is the Limited Government Position as this measure helps protect taxpayer funds from being utilized to promote politicized DEI efforts, which sow division amongst Americans and are intended to further grow the role of government.

Eliminating Prohibition on Taxpayer Funds Being Utilized for Politicized "Diversity, Equity, and Inclusion" (DEI) Programs at Public College Campuses.

This bill requires public utilities to include an evaluation of the utility's regional rate competitiveness and rate impact on economic development in an application for a rate change. The bill also specifies which expenses an investor-owned utility may recover through a transmission delivery charge. Support is the Limited Government Position as utility companies, which are granted government monopoly powers, should receive heavy review and scrutiny from regulators to ensure they are operating most efficiently and not enriching themselves at the expense of families and businesses through higher electricity rates.

Protecting Electricity Customers by Providing Greater Oversight of Utility Rates.

This bill makes Kansas the 21st state to enact the counseling compact, which allows professional counselors licensed in another participating state to provide services to individuals in Kansas through telehealth. Support is the Limited Government Position as this bill expands access to counseling services and competition and serves as a step in the right direction to reducing unnecessary employment barriers.

Reducing Unnecessary Regulatory Barriers by Allowing Out-of-State Counselors to Provide Services via Telehealth.

This bill provides that drivers for transportation network companies (such as Uber and Lyft) are considered independent contractors, not employees. The bill applies to cases where the company and driver agree in writing to this classification and certain conditions are met, such as that the company does not require the driver to work at certain times. Support is the Limited Government Position as this bill protects employment opportunities and allows rideshare drivers and companies to maintain flexibility and low consumer costs.

Maintaining Low Prices by Classifying Ridesharing Drivers as Independent Contractors.

This bill prohibits the Department of Health and Environment from forcing any student enrolling in a public elementary or secondary school in the state for the first time to obtain a COVID-19 vaccination. The bill also prohibits the department from requiring children in childcare facilities to receive a COVID-19 vaccination. The bill eliminates the authority of the Secretary of Health and Environment and local health officers to issue certain orders related to disease testing, quarantine, and treatment, instead allowing officials to make public recommendations. Support is the Limited Government Position as this measure helps protect individual liberties by ensuring it is parents - not government - making the medical decision on whether or not to vaccinate their child against COVID-19. Additionally, the bill protects against overreaching government mandates related to masks and shutdowns.

Strengthening Parental Rights by Prohibiting Government Entities from Mandating Children Receive COVID-19 Vaccines to Attend Childcare or School.

This bill expands the Medical Student Loan Act, which pays full tuition and a stipend of up to $2,000 per month for undergraduate medical students at the University of Kansas who agree to practice in certain areas of the state. Under this bill, obstetrics and gynecology is included among the approved postgraduate residency training programs. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is the best mechanism to determine the need and distribution of physicians across the state. Taxpayers in urban areas should not be forced to subsidize the amenities of individuals who choose to locate in rural or other portions of the state where doctors are not as accessible.

Growing Government Central Planning by Forcing Taxpayers to Pay Off the Student Loan Debt of OB/GYNs in a "Service Commitment Area".

This bill prohibits the state and local governments across the state from imposing any ordinances or building codes which restrict the use of refrigerants approved under federal law, as long as the installation and use follows federal law and regulations. Support is the Limited Government Position as this bill protects against local government overreach, which unnecessarily drives-up building costs. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Against Higher Construction Costs by Ensuring Localities Can't Impose Additional Ordinances on Refrigerants that are More Stringent than Federal Regulations.

This bill eliminates multiple fees for obtaining or renewing a concealed carry license, including a $100 fee paid to the attorney general and a $16 fee paid to the department of revenue, as well as a $25 renewal fee and $15 expired renewal fee. Under the bill, the only remaining cost is $32.50 to the county sheriff to cover the cost of fingerprinting. Support is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure helps protect against unnecessary licensing fees that are solely designed to generate revenue.

Strengthening Second Amendment Rights by Eliminating State Agency Fees for Concealed Carry Licenses.

This bill enacts the interstate teacher mobility compact, which allows teacher licensed in another participating state to teach in Kansas. Support is the Limited Government Position as this bill reduces teacher shortages and helps ensure classrooms are staffed by the most qualified and effective educators.

Reducing Teacher Shortages by Enacting Occupational Licensing Reciprocity for Teachers.

This bill, which includes the Kansas Apprenticeship Act, establishes multiple new tax credit and grant programs. Under the bill, up to $10 million in income tax credits may be provided annually to businesses that employ apprentices. The bill also establishes the Kansas Educator Registered Apprenticeship Grant Program to provide grants to education apprentices for expenses such as tuition and books to obtain their degree. Finally, the bill establishes the Engineering Graduate Incentive Fund for scholarships for engineering students, funding engineering internships, hiring additional faculty or providing faculty raises, and other uses. Oppose is the Limited Government Position as it is a necessary role for government to provide quality K-12 education - ideally through school choice. College and university-level education should be funded through user fees (i.e., tuition) by those who wish to pursue their selected career path. This measure merely fuels greater spending and wealth redistribution.

Fueling Out-of-Control Spending and Wealth Redistribution Through New Apprentice Tax Credits and Grants for Education and Engineering Students.

This bill contains multiple provisions related to the regulation of childcare facilities. The bill reduces qualification requirements for childcare program directors and allows an individual to care for up to 12 children between the ages of two and a half to 10, while prohibiting local governments from adopting any ordinances imposing more restrictive staffing ratio requirements. The bill also reduces the minimum required floor space per child, eliminates the annual license fee for childcare facilities, and allows day care facilities to request a waiver from certain requirements. Support is the Limited Government Position as this bill serves as a step in the right direction to reducing excessive regulations within the childcare industry. Lawmakers should build on this deregulatory approach to make childcare more affordable.

Reducing Childcare Costs and Increasing Availability by Reducing Costly and Excessive Regulations.

This bill authorizes cities with a population of 60,000 or more to designate a reinvestment housing incentive district. As a result, local governments may issue bonds (debt) to finance the renovation or construction of residential dwellings, multifamily units, and other residential structures on existing lots. Oppose is the Limited Government Position as these spending initiatives go directly against the principles of fiscal restraint and limited government. Instead of growing government and central planning, lawmakers should empower the free market to make housing truly "affordable" by reducing stringent zoning regulations which significantly drive-up housing costs.

Increasing Government Central Planning of Housing by Expanding the Crony Kansas Rural Housing Incentive District Act.

This bill, the parent's bill of rights, declared that "every parent of a child in this state has a right to direct the education, upbringing and moral or religious training of such child." The bill allowed parents to object to materials and activities used in public schools that were not part of the district or state approved curriculum or that violated the parent's sincerely held beliefs, and to withdraw their child during such instruction. Support is the Limited Government Position as strong parental rights in their child's education is a critical element of a free society.

Strengthening the Integrity of the Public Education System by Providing Parents More Control Over their Child's Education Through a Parent's Bill of Rights.

This bill increases the annual transfer from the state highway fund to the rail service improvement fund from $5 million to $10 million. The rail service improvement fund is used to provide grants and loans to railroad companies for various purposes, such as financing purchases of railroad cars and for track maintenance. Oppose is the Limited Government Position as any maintenance or expansion costs pertaining to the rail industry should be paid for through user fees, such as higher assessments on railroad companies and shippers. These costs should not be borne on motorists and other taxpayers through a raiding of the Highway Trust Fund.

Forcing Motorists to Subsidize the Rail Industry Through a Raid of the Highway Trust Fund.

This motion overrides the Governor's veto of a bill which establishes the felony offenses of human smuggling (up to 55 months in prison) and aggravated human smuggling (up to 100 months in prison). Support is the Limited Government Position as human trafficking has enormous negative implications on national security and devastates victims of the practice and their families. Both Kansas and the U.S. government have duties to secure the border and restore law and order by holding criminals accountable.

Combatting Human Trafficking and Illegal Immigration Through New Felonies for Human Smuggling.

This bill, the Kansas Public Investments and Contracts Protection Act, prohibits the consideration of ESG (environmental, social, and governance) in decisions relating to state contracting or procurement, as well as in investment strategies for the Kansas Public Employees Retirement System. The consideration of ESG oftentimes leads to higher taxpayer costs and results in reduced financial returns for taxpayers. The bill also prohibits state agencies from requiring any person or business to operate in accordance with ESG criteria. Support is the Limited Government Position as all public procurement and investment actions should be based on producing the maximum return and value for taxpayers, not advancing political or social agendas.

Protecting Taxpayers by Prohibiting ESG (Environmental, Social, and Governance) Considerations in State and Local Contracts and Investment Strategies.

This bill strengthens religious exemptions to state-mandated vaccination requirements for attending public schools and childcare facilities. The bill strengthens the exemption by only requiring a parent or guardian to provide a written statement "that the requirement would violate sincerely held religious beliefs" of the child (for attending school) or the parent (for childcare), rather than adherence to "a religious denomination whose religious teachings are opposed to such tests or inoculations." Under the bill, "religious beliefs" include "moral and ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views" and school districts and childcare facilities are prohibited from "inquiring into the sincerity of the request." Support is the Limited Government Position as strong parental rights is a critical element of a free society. It is the role of parents - not government bureaucrats - to evaluate the risks and benefits of providing their child a vaccination.

Strengthening Individual Liberties and Parental Rights by Strengthening Religious Exemptions to Government-Imposed Vaccine Requirements for Public School and Childcare Facilities.

This bill establishes a regulatory framework for "advanced recycling", which recycles "post-use polymers and recovered feedstocks", such as industrial and agricultural plastics, and provides that such facilities are not considered solid waste facilities. Support is the Limited Government Position as this measure advances innovation and spurs economic growth by ensuring advanced recycling is not subject to excessive regulations as a waste facility. Such recycling methods can provide significant benefits to society, including lower industrial and consumer costs.

Advancing Innovation and Economic Growth by Ensuring "Advanced Recycling" Process are not Subject to Overreaching Regulations.

This bill allows school districts to provide firearm safety education programs "for the purposes of promoting the safety and protection of students and emphasizing how students should respond when encountering a firearm." The bill directs the state board of education to develop grade-based curriculum guidelines (based on the NRA's Eddie Eagle GunSafe program and the Kansas Department of Wildlife, Parks and Tourism's Hunter Education program) that school districts must follow if they choose to implement such programs. Support is the Limited Government Position as this bill allows school districts to offer programs designed to increase firearm safety and awareness for students, while not mandating such programs.

Improving Firearm Safety by Authorizing School Districts to Provide Firearm Safety Education Courses.

This bill allows registered nurse anesthetists (CRNAs) to practice as an independent advanced practice registered nurse and prescribe medications. CRNAs may not perform certain surgeries and may not perform or prescribe drugs for abortions. Support is the Limited Government Position as this bill expands access to healthcare and increases competition.

Expanding Access to Healthcare and Lowering Costs by Providing Nurse Anesthetists the Ability to Practice Independently and Prescribe Medications.

This bill establishes the Legislative Compensation Commission to study and increase the salary levels of state lawmakers. Members of the commission are appointed by state lawmakers in leadership positions and the governor. Oppose is the Limited Government Position as there is high demand for the prestige of serving as a Kansas state lawmaker and the associated benefits with the position. Considering there are a large number of individuals vying for the position (the reason for elections), salary hikes represent an unnecessary cost for taxpayers.

Hiking Taxpayer Costs through Unnecessary Pay Hikes for State Lawmakers via a "Legislative Compensation Commission".

This bill contains several provisions related to election law. Most notably, the bill prohibits county election officers from distributing advance voting ballot applications unless they are specifically requested by voters or voters are on the permanent advance voting ballot list. The bill also allows poll agents to be present during all recounts and post-election audits. Additionally, the bill prohibits county election officers from allowing any person to create or distribute an image of voting system hard drives, requires county election officers to maintain backup copies of voting system hard drives, and makes unauthorized access to electronic voting systems or publishing passwords or other confidential information related to electronic voting systems a felony. Support is the Limited Government Position as maintaining strong safeguards against voter fraud is a critical aspect of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Strengthening Election Integrity by Prohibiting Mailing Unsolicited Ballot Applications and Expanding Safeguards Against Fraud.

This bill expands eligibility under the Low Income Students Scholarship Act, which allows eligible students to receive funding for educational expenses such as tuition at a private school, textbooks, and transportation. Under the bill, eligibility is expanded to students with a household income of up to 400% of the federal poverty guidelines and who meet certain qualifications, such as being adopted, in foster care, or having a parent in the military. The bill also increases the tax credit for donations from 70% to 75% but reduces the annual cap on donations by one taxpayer from $500,000 to $100,000. Support is the Limited Government Position as this bill improves educational outcomes for all students by fostering competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

Improving Educational Outcomes by Making More Students Eligible for School Choice Under the Low Income Students Scholarship Act.

This bill raises the minimum age to purchase, sell, or possess cigarettes, electronic cigarettes, or tobacco products from 18 to 21. Oppose is the Limited Government Position as tobacco and nicotine usage is an individual liberty which individuals who have reached the age of maturity should be able to exercise without unnecessary government restriction.

Infringing Individual Liberties by Raising the Tobacco and Nicotine Age to 21.

This resolution urges the President "to reject unscientific environmental mandates that restrict domestic energy production" and "to reevaluate energy policies that have curtailed domestic production of oil and natural gas." Support is the Limited Government Position as the country must adopt an "all of the above" approach to energy production that balances environmental concerns with the need to provide Americans with the lowest possible energy costs.

Urging the President to Support American Energy Dominance.

This bill increases the amount of bonds (debt) that local airport authorities may issue without voter approval. Under the bill, authorities may issue bonds of less than $10 million (previously $1 million) without voter approval. For bonds of $10 million or more, the bill allows the board of county commissioners to approve the bonds (previously, voter approval was required for this amount). Additionally, the bill allows the county board of commissioners to approve bonds exceeding the previous cap of 1.85% of the assessed value of taxable property in the county. Finally, the bill increases the threshold for construction projects for which the secretary of administration is required to convene a negotiating committee to $1.5 million, increased annually for inflation (previously $500 thousand or $1 million, depending on the project). Oppose is the Limited Government Position as not only does this measure further indebt taxpayers via bond issuance, it also reduces government integrity and accountability by removing taxpayers from decisions with significant financial impacts.

Michael Fagg

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