Governor Laura Kelly Announces February Total Tax Collections Continue to Exceed Estimates

TOPEKA – Governor Laura Kelly today announced that total tax collections for February were $502.5 million. That is $18.7 million, or 3.9%, more than the February estimate. Those collections are also $46.6 million, or 10.2%, more than February 2021.

“My administration has taken steps to restore the Kansas economy, and that fiscal responsibility has paved the way to provide direct tax relief to Kansans,” Governor Laura Kelly said. “I urge the Legislature to work together to send me a clean bill eliminating the state’s tax on food immediately, so that we can put this money back into the pockets of Kansas taxpayers.”

Individual income tax collections were $183.4 million in February. That is $6.6 million, or 3.5%, below the estimate. However, it is important to note that income tax refunds are being issued much quicker than in prior years. There have been 15,000 more refunds sent out in February 2022 compared to February 2021. The increase in refunds total $21.0 million more paid out in February compared to the same month of 2021.

“The positive trend in tax receipts continues with all of the major tax types, individual income tax, corporate income tax, retailer’s sales tax, and compensating use tax, performing well. But for the larger number of refunds issued in February, individual income tax receipts also would have surpassed the February estimate,” said Secretary of Revenue Mark Burghart. “We are pleased to be able to get individual income tax refunds paid more quickly and into the accounts of taxpayers.”

So far, nearly 281,000 refunds, totaling $147.0 million, have been paid out this filing season. Refunds for electronically filed returns can be expected to be deposited in taxpayers’ bank accounts in 4-7 days, with some deposits occurring in as little as three days.

Corporate income tax collections were $23.4 million, which is $12.4 million, or 112.8%, more than the February 2022 estimate. Those collections are $15.2 million, or 186.3% more than February 2021, reflecting substantial corporate profits.

Retail sales tax collections were $195.2 million, which is $5.2 million, or 2.8% more than the estimate. Those collections are also $16.0 million, or 8.9%, greater than February 2021. Compensating use tax collections were $59.4 million, which is $4.4 million, or 8.0%, more than the estimate. Those collections were $20.7 million, or 53.7%, more than February 2021.

View the tax receipts here.

 

February 25, 2022

 

Turn around is the halfway point for session.  It’s the day when a bill dies if it was not ‘blessed’, which means that it had not been in an exempt committee or that it did not pass the originating chamber (either the House or the Senate).  The three exempt committees in the Senate are: Taxation, Federal and State Affairs, and Ways and Means. There were 18 bills in the House that died and 0 in the Senate so far.

 

There are many bills that never make it out of committee.  To give you an idea, this year at turnaround, the Senate still has 382 bills in committee and the House has 510.  The Senate has passed 55 bills and the House has passed 47 – the Senate bills need to pass the House, and the House bills need to pass the Senate before going to the Governor. The Governor can sign them into law, let them go into law without her signature, or veto them. If the Governor vetoes a bill – the legislature can override a veto with a 2/3 majority vote.

 

Turnaround week is very intense. Monday evening, senators received a list of 23 bills that were to be debated on Tuesday.  Tuesday evening, we received a list of 11 bills to be debated Wednesday.  There were too many bills to cover in this update, but you can find all the bills at www.kslegislature.org.

 

Property Rights have been protected since the founding of our country.  We shouldn’t have to pass legislation for those protections, but we do.  Senate Bill (SB) 395 would require a warrant, court order, subpoena, or permission by the landowner for Kansas Department of Wildlife and Parks (KDWP) to put any recording device on your property.  Currently the KDWP has the authority to enter your property without your knowledge, set up cameras and monitor those cameras, this is just wrong. No other law enforcement officials have this right.  The bill was watered down in the Judiciary Committee. Working with other legislators, I helped reverse the watered down version on the floor.  The bill passed the Senate 30 to 9.  I voted Yes to protect your property rights.

 

A person burglarized a church and a judge ruled that the person was invited so they couldn’t be charged with burglary.  Let’s get this straight, a person steals from a locked sanctuary and a judge rules the person had a right to burglarize the church because “the person had been invited” into the unlocked area of the church.  It is so ridiculous that a judge would rule that way.  What else makes little sense is that SB 366 was introduced to make clear it is a crime to burglarize a locked building.  Current statute says a “building, manufactured home, mobile home, tent or other structure which is not a dwelling” cannot be burglarized, but the Senate thinks adding “locked building” will help.  It should be that no one can burglarize or steal another person’s property.  If this bill becomes law, will it be interpreted by another judge that a person can burglarize an unlocked building? The bill passed 39 to 1.  I was a No vote to protect property, whether the building is locked or unlocked.

 

Rules and Regulations written by the Administration have the rule of law.  SB 34 would require that all Rules and Regulations be reviewed every five years and establish an alternative revocation procedure.  This bill is long overdue.  I voted Yes.  The bill passed 32 to 7.

 

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

Caryn

 

 

 

February 18, 2022

 

 

Crazy Weather lately the temperature has fluctuated from unusually hot to very cold – kind of like how this year’s legislative session has gone.

 

Tax Cuts The government takes too much of our money and needs to be more frugal with its spending.  I stand strong for tax cuts, not tax increases.  Last year, I led a successful effort to cut income taxes by increasing the standard deduction and allowing an option to itemize – the Governor vetoed the tax cuts, but the legislature overrode the veto.  This year, I am again working to lower your taxes. Kansans are paying record amounts of taxes – even with last year’s tax cuts.

 

Senate Bill (SB) 431 modernizes the $20,000 exemption for the schools 20 mil of property tax.  Presently, $20,000 is subtracted from a homeowner’s valuation for the 20 mill collected by the state and sent to the schools.  The $20,000 exemption was established in 1997.  To count for inflation, SB 431 would increase the $20,000 to $65,000 for 2021 and adjust annually.  The bill passed out of the Senate Tax Committee and hopefully, will be debated on the Senate floor next week.

 

Improving Adoptions in Kansas SB 12 would require performance-based contracts to be established by Kansas Department of Children and Families (DCF) with stakeholders.  The plan would help with early intervention services for families and children who are awaiting adoption.  The bill passed the Senate unanimously.

 

Increasing Healthcare Access

SB 200 would provide Kansans an option to see a pharmacist to start therapy for the flu, strep, and UTI (Urinary Tract Infections).  Some think this is a doctor’s responsibility and overreach for a pharmacist.  While others see it as a way to improve our healthcare system.  I voted Yes.  The bill passed 37 to 2.

 

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

Caryn

KDHE Awarded State Partnerships Improving Nutrition and Equity Program Grant

TOPEKA – The Kansas Department of Health and Environment (KDHE) is pleased to announce that the Community Health Promotion (CHP) team has received the State Partnerships Improving Nutrition & Equity (SPINE) Program Grant from the National Association of Chronic Disease Directors (NACDD).

Legislative Update by State Senator Caryn Tyson

February 11, 2022

 

 

Tax RELIEF – Removing Sales Tax on Shipping

Do you know you pay sales tax charges on postage and shipping in Kansas?  Hopefully, not for long.  The Senate passed Senate Bill (SB) 327 unanimously, exempting shipping and postage charges from sales tax if the charges are listed separately on a receipt or invoice.  It just makes sense, and I was glad to lead this effort.  Hopefully, the House will pass it as well.

 

The Senate Tax Committee passed SB 339, removing all sales tax on food.  While working the bill in Committee a couple of amendments were added, removing sales tax on commercial electric, gas, and other utilities (homeowners don’t pay this sales tax), and removing sales tax on theater tickets.  It looks like the bill will have a few more amendments when worked on the floor.  One of the amendments will be regarding funding to KDOT.  Currently, KDOT gets 16.55% of sales tax collected.  Since sales tax collection will decrease, KDOT would like the percentage to increase proportionally.

 

Economic Development – Giving away almost everything, including the kitchen sink

The Governor and the Kansas Secretary of Commerce brought a bill, SB 347, to the legislature for economic development with one company in mind.  I opposed the Governor’s efforts to pick winners and losers in business.  Instead we should pass tax cuts that help existing businesses and make Kansas a more appealing state for all businesses to come.

 

SB 347 could have Kansas writing a check to the company for an obscene amount of money – the current estimate is over $60 million a year for 10 years if the company makes a $4 billion investment.  I asked, “what would qualify as an investment?”  Can you believe the Secretary of Commerce gets to decide?  The bill has payroll, income tax, and sales tax incentives and is being touted as the $1 billion giveaway.  We have also heard the state and local governments will be giving away possible buildings, land, and abating property taxes.

 

There have been comments about the secrecy and not knowing the company.  As a legislator under these circumstances, I did not sign a non-disclosure.  Anyone who did, was told the company name.

 

SB 347 goes against what I have been fighting for – transparency and to stop the government from picking winners and losers.  It has been reported the company is a foreign company, possibly Panasonic to make batteries for electric vehicles. Disappointingly, the bill passed the legislature and was signed into law.  My hope is that it doesn’t turn out like the Wisconsin Foxconn “debacle”.

 

Veto Override Redistricting Map

The legislature voted to override the Governor veto of SB 355, the U.S. Congress redistricting map.  Lawsuits have already been filed, likely more to follow – as the minority party has planned all along.

 

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

Caryn

 

 

Governor’s Office Directs Agencies to Apply State Law When Complying with Supreme Court Decision to Uphold Federal CMS COVID-19 Vaccination Requirement

~~Compliance Ensures Continuation of Federal Funding, Affects Six State Facilities, 11.2% State Employees~~

TOPEKA – Governor Laura Kelly today directed affected state agencies to apply Kansas law when complying with the United States Supreme Court’s decision to uphold the Centers for Medicare and Medicaid Services (CMS) rule requiring staff to be vaccinated against COVID-19. The directive requires agencies complying with the CMS rule to follow Kansas state laws regarding medical and religious exemptions, documentation, and self-attestation regarding vaccination status.

“I’ve consistently opposed federal COVID-19 vaccine requirements because the responsibility was given to the states from the beginning to make these decisions,” Governor Laura Kelly said. “However, in order to protect the millions of dollars in funding Kansas receives and to prevent Kansans’ tax dollars from going to other states, we must comply with the federal vaccine requirement.

“It’s absolutely critical that any policy implemented in response to the federal ruling must follow our state laws which protect medical and religious exemptions, and prevent intrusive requests from employers,” Governor Kelly said.

In January 2022, the United States Supreme Court upheld the federal Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccine requirement. For nearly all Kansas state employees, there will be no vaccine requirement. 11.2% of state employees work in the state’s six CMS-funded facilities that are subject to the United States Supreme Court ruling.

The Governor’s directive requires that any agency policy implementing the CMS rule should not conflict with provisions of Kansas state law, including but not limited to the 2021 Special Session House Bill 2001 and 2021 Regular Session Senate Bill 159.

The directive requires the Kansas Department for Aging and Disability Services, the Kansas Commission on Veteran Affairs Office, and any other state agency impacted by the CMS Interim Final rule to affirm state laws when complying with the federal CMS guidance, including but not limited to:

• Medical exemptions: Facilities must grant an exemption to the federal COVID-19 vaccine requirement if the employee submits a written waiver request stating that complying with the condition would endanger the life or health of the employee or an individual who resides with the employee, as evidenced by an accompanying written statement signed by a physician.
• Religious exemptions: Facilities must grant an exemption to the federal COVID-19 vaccine requirement if the employee submits a written waiver request stating that complying with the requirement would violate the religious beliefs of the employee. Facilities can’t inquire into the sincerity of the request.
• Documentation: Facilities must not require employees to provide documentation of their COVID-19 vaccination status. Facilities may request such documentation but must make it clear that providing documentation is not a condition of employment and that no adverse action will be taken if the employee does not provide it.
• Self-Attestation: Facilities can implement a verbal self-attestation of COVID-19 vaccination status policy from any employee who does not provide documentation and does not request an exemption from the vaccination requirement. The facility, not the individual, will be responsible for documenting the individual’s self-attested vaccination status.

Please find the full directive here.