Legislative Update By State Senator Caryn Tyson

May 17, 2019

2019 Session End is May 29^th, known as sine-die.  Every session is unique and seems to take on a personality of its own.  This year was no different.  The unique people involved and the different issues being worked, combine to create the ‘personality’ of the session.  It can be a difficult environment and a messy process.  However, during debate on a judicial appointment, we were reminded of how blessed we are to have our government process and a government “of the people, by the people, and for the people.”

Judicial Appointment: A few years ago the legislature changed the appointment process for Appellate Court Judges by adding Senate approval.  Recently, the Governor submitted a nomination for Senate approval.  That nominee was voted down on a vote of 0 Yes to 38 No.  Some people cried foul when the appointment process was changed.  However, if it would not have changed, the nominee who did not receive one Yes vote would have become an Appellate Court Judge.  This scenario is an example of why the process for appointing Kansas Supreme Court Justices needs to be changed.  Senate approval would be one way of giving the people a voice in naming justices.

Taxes and Expenditures: For years, there has been misinformation about the 2012 tax cuts, referred to as the “failed tax experiment”.  For the record, after the 2012 tax cuts there were more cuts.  In 2013 sales tax was cut from 6.3% to 6.15% and the bottom bracket of the state income tax was cut from 3.5% to 3.0% and the top bracket was cut from 6.25% to 4.9%.  In 2014 the bottom bracket was cut from 3% to 2.7% and the top bracket was cut  from 4.9% to 4.8%.  In 2015 the top bracket was cut to 4.6%.  In 2016 the bottom bracket was cut to 2.4% and the top bracket was cut to 4.6%.  Tax cuts are usually good for stimulating the economy and that grows businesses and provides jobs.  A good example is the unintended revenue increase the State is receiving from the Federal tax cuts.  These cuts should be good for Kansas taxpayers but for this to happen the government has to be well disciplined on regulating spending.  Unlike the Federal government, our State government is not supposed to go into debt.  That’s in our State Constitution.  But unfortunately, we are finding ways to circumvent our State’s fundamental principles.

So, when you hear about failed 2012 tax cuts, remember we also cut income taxes in 2013, 2014, 2015, and 2016, and then President Trump cut Federal taxes in 2017.  The tax cuts now are not the problem, runaway spending is the problem.  Kansas tax laws were in tandem with federal tax laws before the 2017 Federal tax cuts.  In an attempt to re-align Federal and State tax law, the legislature passed Senate Bill (SB) 22 and then House Bill (HB) 2033.  Both were vetoed by the Governor.  The argument was used that it would, “decimate the state’s ability to pay our bills and invest in our people.”  That is absurd.  The out-of-control spending is going to “decimate the state’s ability to pay bills”.  How about this, the Governor submitted her increased budget to the legislature and the legislature decided She was not spending enough so they appropriated millions more money in the budget then what was requested.  I was one of the few who didn’t vote for the Budget.

In summary, according to Kansas Legislative Research, the State will be in-the-red in two years with current law.  And after all the increases this budget puts the State on a path to be approximately $1.4 billion in-the-red in four years.  That doesn’t take into account any increased spending in those four years.  So then what?  Once again, the Governor will probably pull money from KDOT and delay payments to KPERS or even raise taxes.

We need to change our laws to address the budget process and create a fair and level tax code for Kansans.  I am hopeful that with due-diligence, we can still achieve this end.

It is an honor and a privilege to serve as your 12^th District State Senator.

Caryn

May 10, 2019

Veto Session, which is a time to finish up business, was a bit of a four day roller coaster.  Promises made, some kept and others – well it is what gives politics a negative connotation.

Budget:  Spending that was approved in Senate Bill (SB) 26 is approximately $7.7 billion for Fiscal Year (FY) 2020, an increase of $600 million.  Since 2013 State expenditures have increased over $3 billion.  That is a 19% increase in less than 7 years.  There were some good things in the budget but I could not support this out-of-control spending.  The vote was 26 Yes to 14 No.

Tax:  House Bill (HB) 2033 was another attempt to pass legislation that would address the state income tax increases that occurred as a result of the 2017 federal income tax changes by allowing Kansas taxpayers the option to itemize and defining tax rates for money earned offshore and brought to Kansas.  Since the Governor vetoed the last attempt, the bill included other items to “sweeten” the deal.  Finney County would be approved for a sales tax increase, sales tax on food would be lowered by 1%, vendors would be required to collect on-line sales tax, and small business owner would be able to expense items at a rate similar to corporate expensing laws.  Similar, because corporate expensing law would be changed to restrict the deduction to 100% of the purchase price.  Currently, corporations can expense at a value greater than the purchase price.  HB 2033 would allow small businesses and corporations to only deduct 100% of the item.  The bill passed 27 to 13.  I voted Yes.

Transportation:  Several transportation topics were covered in SB 63.  The bill would allow a city to adopt an ordinance to allow Uber or similar company drivers to display a lighted sign so that a ride is easily identified.  Crimes have been committed when people got into cars they thought was their ride but it wasn’t.  The bill would allow All-Terrain Vehicles (ATV) and Utility-Task Vehicles (UTV) to cross federal or state highways.  The bill would also authorize transparent material that blocks the sun’s ultraviolet rays on a vehicle’s windshield.  The Senate position would have had no restrictions but the House wanted a doctor’s signed statement saying there is a medical need for the material.  The House position was upheld so that if a person installs the material and is issued a citation, they have 60 days to produce a doctor’s statement.  The bill passed the Senate unanimously.

It is an honor and a privilege to serve as your 12^th District State Senator.

Caryn

May 1, 2019

Kansas Farm Bureau Health Coverage:  While the legislature was on break,  the Governor signed several bills into law.  However,  The final version House Bill (HB) 2209 became law without the Governor taking action.  When the Governor does not sign or veto legislation within 10 days of receiving it, the legislation becomes law.  Interestingly, HB 2209 would amend the Insurance Code by adding Kansas Farm Bureau to the list of entities allowed to provide healthcare benefit coverage.   I voted Yes to provide health coverage options for people who cannot afford other health plans or health insurance.  The bill passed the Senate and House with veto-proof majority.  Therefore, it wasn’t a surprise the Governor didn’t veto the bill.

Pro-life:  It was disappointing the Governor did veto Senate Bill (SB) 67.  The legislation would require notifications regarding the abortion pill RU-486.  It is not always effective at ending pregnancy and it may be possible to reverse the abortion by not taking the second pill.  The legislation passed the Senate with 26 Yes votes and the House with 86 Yes votes. I voted Yes.  The Governor vetoed the bill.  The Senate picked up a vote to 27 for the veto override.  However, the House lost votes and the override failed by one vote.

The Kansas Supreme Court overstepped AGAIN!  In 2015 SB 95 created the Kansas Unborn Child Protection from Dismemberment Abortion Act.  The Legislature passed with 31 Yes and 9 No votes.  I voted Yes.  The House passed it with 98 Yes and 26 No votes.  A supermajority of Legislators voted to stop this horrific practice to cause the death of an unborn child, “knowingly” dismembering the “child one piece at a time…” K.S.A. 65-6742(b)(1).  It was signed into law by the Governor.  However, the majority of our activist KS Supreme Court ruled it to be unconstitutional April 26, 2019.  The ruling reads at times like a fractured piece of fiction.  The Court disregarded the Legislature, the Governor, Kansas history, and our Constitution and again enacted its own agenda.  This is not the first time the KS Supreme Court has overstepped.  An egregious example would be the U.S. Supreme Court overturning three of the Kansas Supreme Court rulings on the death penalty,  most notably, the Carr brothers’ death sentence.

The ruling is a slippery slope.  The dissent in the Court’s opinion states it best, “Today we issue the most significant and far-reaching decision this court has ever made… Today’s decision is a textbook case of unexplainable results.  To be sure, the majority [of the KS Supreme Court] attempts a rational explanation.  To no avail.  The majority misunderstands and misuses history; bolsters its rejection of Kansas law with factually unsupported allegations of prejudice…”  Can you believe that when our Constitution, reads “equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness”, it’s used to support an argument to cut up our unborn babies?  The Court opinion can be found at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2019/20190426/114153.pdf.

Going forward there are actions that can be taken.  The most talked about, at this point, is a Constitutional amendment.  The amendment must pass the Legislature by super-majority and then Kansas voters would decide.  I will fight for you to have an opportunity to send a clear message to the Kansas Supreme Court.

It is an honor and a privilege to serve as your 12^th District State Senator.

Caryn