The Kansas Legislature adjourned its regular session two weeks early Thursday evening under a shadow of uncertainty about whether it will return again this year.
The Legislature left after passing a $19.9 billion budget for 2021 that didn’t include a lot of proposed spending because of the mounting economic crisis stemming from the coronavirus pandemic spreading in Kansas.
The Legislature is leaving behind a vast body of unfinished work ranging from the constitutional amendment on abortion and Medicaid expansion to sports wagering and taxes.
The Legislature traditionally returns for its so-called veto session after taking a break in April. This year, that session is far from guaranteed.
As the coronavirus takes hold in Kansas – there are now 34 cases statewide – many lawmakers had no idea about whether it would be safe to return to the Capitol.
“We want to come back, but we want everybody safe,” House Majority Leader Dan Hawkins said. “If it’s not safe to come back, we won’t come back.”
The Legislature has set April 27 as the date for returning, although leading lawmakers have the flexibility to call the Legislature back earlier or later depending on conditions. The session can’t run past May 21.
“If it’s safe to come back, we have a lot of unfinished business,” said Senate Majority Leader Jim Denning.
It was a view echoed by many lawmakers who cited an array of bills crossing all facets of Kansas life that haven’t made it through the process.
They pointed to legislation that regulates vaping, allows utility companies to discount electric rates for economic development, allows Kansans to itemize on their income taxes if they don’t itemize on their federal return and provides for reports tracking the progress of foster children in school.
“I am hopeful we come back. We have so much work left to do,” said Democratic Rep. Brandon Woodard.
“What we’re seeing is that the United States is following the same pattern as Italy,” Woodard said, “and if that continues to be the case and we’re not flattening the curve, I don’t know that we come back in April or May.”
Republican Sen. Molly Baumgardner said it was impossible to predict whether lawmakers would return in April.
“I do know that school districts, taxpayers, homeowners and businesses are wanting to us to get back because there were quite a few bills that were passed out of committee that weren’t brought above the line (for debate) that would be very important for Kansans,” she said.
Republican state Rep. Tom Cox said he thinks the next couple of weeks will decide the future of the Legislature this year.
“I think the next two weeks are going to be pivotal in actually understanding whether we have slowed the curve…or is it going to explode,” Cox said.
Cox called the volume of unfinished legislation this session “significant” and “historic.”
He suggested a special session later in the year might be needed for the Legislature to finish some of its business.
“I hope we’re able to return,” said Democratic state Rep. Jim Gartner. “We still have a lot of things to accomplish.”
Gartner said he expected the number of cases to grow as more Kansans are tested for the virus.
“That’s what I am afraid is going to happen in Kansas over the next two to three weeks,” Gartner said. “Then in turn, I’m not sure we will come back in April.”
Gartner and others sounded a warning that the state’s fiscal health that could be shaken by the economic instability that has accompanied the coronavirus pandemic.
While the state’s revenues have been beating estimates, some are anxious about how the financial picture will change with thousands being laid off and hundreds of business being shut down as part of efforts to contain the virus.
The Consensus Revenue Estimating Group is set to meet before the Legislature returns, which will likely give lawmakers an idea of how much spending flexibility they have even if they could return to work on the budget.
Democratic state Rep. Jim Ward expressed concern about how the Consensus Revenue Estimate Group’s projection might influence the budget the Legislature just passed for 2021.
Ward said it wasn’t outside the possibility – “and I would argue likely” – that revenue estimators will provide a lower projection than they might have offered two weeks ago.
Ward said if lawmakers don’t return, it would be up to the governor to decide how to respond to new revenue estimates that might be lower than anticipated.
The Legislature passed an adjusted budget of $18.7 billion for 2020 and a $19.9 billion budget for 2021.
Lawmakers put $65 million into the 2020 budget for battling the coronavirus.
For 2021, they added $2 million for community health centers, $5 million for school safety security grants, $900,000 for local health departments and $3 million for increasing Medicaid dental reimbursement rates.
They also put $3 million into a program that helps keep seniors in their homes.
Lawmakers delayed decisions on $724 million in proposed spending that would normally be considered during the veto session, which is now in doubt as the virus spreads across the state.
Supporters of the budget were apologetic about items left out for now, including money for state employee pay raises and new aircraft for the Kansas Highway Patrol.
“We are in uncertain times,” said Republican state Rep. Troy Waymaster, chairman of the House Appropriations Committee.
“We have no idea what we’re going to be looking at when the Consensus Revenue Estimate group meets.”
Democratic state Rep. Kathy Wolfe Moore echoed a similar sentiment on Thursday.
“I apologize,” she said. “I know we left some things that are dearly important to you on the cutting room floor. This was truly the best we could do for now.”
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