Legislative Update Wk #5 - February 15, 2025

Reily Goyne
Feb 15
6 min read

Updated: Mar 5

By Reily Goyne, AIA Kansas Advocacy Manager

Custody Battle over Regulatory Authority

Two bills had hearings this week that seek to transfer certain authorities from executive branch agencies to the legislature. AIA Kansas will monitor both bills to ensure both the profession of architecture and the health and safety of the public are protected by responsible licensure and regulation.

Occupational Licensure

The first bill, SB 229, had a hearing in the Senate Commerce Committee on Wednesday, February 12. This bill automatically sunsets all occupational licensure standards, either in statute or in administrative regulations, five years after they were enacted unless the legislature adopts a joint resolution to continue the standards. Several boards overseeing health agencies and the Kansas State Board of Technical Professions, which licenses architects, are exempt.

United WE and Americans for Prosperity presented proponent testimony touting the need for efficient occupational licensure standards to minimize barriers to entry. The Kansas Grain and Feed Association and Kansas Agribusiness Retailers Association submitted joint written opponent testimony highlighting concerns about the relationship between state and federal regulations. The Kansas Secretary of State’s office submitted neutral testimony, raising concerns about the ability to execute their role as outlined in the bill

During the hearing, Sens. Ethan Corson (D-Prairie Village), Brenda Dietrich (R-Topeka), and Kenny Titus (R-Manhattan) expressed concerns about the broad and unclear language in the bill. SB 229 was re-referred to Senate Ways and Means to exempt it from legislative deadlines, meaning it will likely be amended and passed after next week.

Agency Deference

The Senate Judiciary Committee heard SB 222 on Friday, February 14 (watch it here). This legislation codifies an existing Kansas legal precedent prohibiting deference to an agency’s interpretation of a statute, rule, or regulation during judicial or administrative proceedings. It also requires a new test for courts to rule, when there is remaining doubt, in favor of maximizing individual liberty and limiting agency authority.

Americans for Prosperity, the Goldwater Institute, Pacific Legal Foundation, and the Kansas Chamber all submitted testimony in support of the bill, stating the need for the judiciary to maintain a neutral stance and not automatically defer to the agency’s interpretation. The Board of Healing Arts presented neutral testimony asking for a carve-out from the bill due to the highly technical nature of the agency’s scope and its role in protecting public health. There was no opponent testimony.

SB 222 is not exempt from deadlines, so the Senate Judiciary Committee must pass it on Monday and the full Senate must pass it by Thursday to remain alive this session.

Historic Tax Credit Enhancement Passed

The Senate Commerce Committee held a hearing on Tuesday, February 11 on SB 227, a bill increasing the state historic rehabilitation tax credit to 40% for all projects except those with $5,000 to $50,000 in qualified rehabilitation expenses in cities over 50,000. You can watch the recorded hearing on YouTube.

Proponents included Jennifer Sourk on behalf of Clock Tower, LLC, Casey Woods of Emporia Main Street, and AIA Kansas Executive Director Terry Humphrey. Testimony focused on the benefits of historic rehabilitation, the state tax credit's role in making these projects possible, and the need for additional funding to make more historic projects possible.

On Friday, February 14, the Senate Commerce Committee amended SB 227 to clarify that unincorporated areas are eligible for the 40% tax credit. The changes would only apply to projects placed in service after July 1, 2025. The Committee then passed out the bill near-unanimously.

Since this bill was sponsored and passed by the Commerce Committee, it is subject to deadlines. It must be passed by the whole Senate by Thursday, February 20 to remain alive this session.

Housing Tax Credits up for Vote on Monday

Housing Investor

The House Taxation Committee is scheduled to discuss and vote on HB 2096 on Monday, February 17 at 3:30 pm. HB 2096 amends the transferability of the Housing Investor Tax Credits so buyers can apply them the same year they were issued. You can watch the discussion live on YouTube.

Affordable Housing

The House Commerce, Labor, and Economic Development Committee is tentatively scheduled to work and pass HB 2119 on Monday, February 17 at 1:30 pm. HB 2119 is the bill eliminating the state affordable housing tax credit, a match to the federal low-income housing tax credit, beginning July 1, 2025. At the hearing on February 6, there were 39 opponents and no proponents of the bill, so several amendments will likely be proposed on Monday.

This bill is subject to deadlines, so it must be passed out of the Committee on Monday and passed by the full House on Thursday to remain alive.

General Statehouse Update

Committees spent the week hearing and voting on bills to make them available for debate on the House or Senate floor. Next week is almost all floor action and committees will not be meeting.

Turnaround Time

Next week is a significant deadline in the legislative session. Bills considered “non-exempt” must be passed by the Chamber of origin (i.e. House bills out of the House and Senate bills out of the Senate) by Thursday, February 20 to stay alive for this session.

All bills are subject to deadlines except those introduced into, sponsored by, or referred to the following committees: Senate Ways and Means, House Appropriations, Senate Assessment and Taxation, House Taxation, Senate Federal and State Affairs, and House Federal and State Affairs.

If a non-exempt bill isn’t passed by Thursday, it cannot be acted on until the 2026 session, at which point the legislature can pick it up from where it left off.

Next Week's Committees

Monday, February 17, 2025

1:30 PM - House Commerce, Labor, and Economic Development: HB 2119 Discussion & Vote
3:30 PM - House Taxation: HB 2096 Discussion & Vote

Bills to Watch

AIA Kansas monitors several bills throughout the session that could impact the design and construction industry.

SB 35 discontinues the state property tax levies for the Kansas educational building fund and the state institutions building fund finances it through the state general fund. It was passed by the Senate, introduced in the House, and now sits in House Taxation. No hearing has been scheduled yet.

SB 77 requires state agencies to provide notice of revocation of administrative rules and regulations to the public. It has a hearing on Wednesday, February 5 in the Senate Committee on Government Efficiency at 9:30 AM.

SB 222 prohibits judicial deference to agency interpretations of statutes, regulations, and rules. It had a hearing in Senate Judiciary on Friday, February 14.

SB 229 terminates all current and new occupational licensing requirements after five years unless extended by a joint resolution of the legislature, and requiring that new occupational licensure requirements by approved by a joint resolution of the legislature. The bill does not apply to the State Board of Technical Professions. It had a hearing in Senate Commerce on Wednesday, February 12.

HB 2088 requires local governments to meet deadlines for issuing building permits and other approvals for real estate development. It is on General Orders in the House.

HB 2099 permits periodic inspections by a city or county for code violations of private residential rental housing where the property owner is receiving governmental rental subsidies and has a hearing on Wednesday, February 5 at 9 AM in House Local Government.

HB 2119 eliminates the Kansas Affordable Housing Tax Credit. It had a hearing in House Commerce, Labor, and Economic Development on Thursday, February 6.

HB 2138 authorizes school districts to levy an annual tax levy of up to two mills for school building safety, security and compliance with the Americans with disabilities act. It has been referred to House Education and no hearing has been set yet.

HB 2274 removes the requirement for military servicemembers to be actively serving for accelerated occupational licensure. It sits on General Orders on the House Calendar.

HB 2291 establishes a regulatory sandbox program within the Attorney General's Office. It had a hearing in House Commerce, Labor, and Economic Development on Monday, February 10.

Government Affairs Committee

February 21 at 10 AM

If you are interested in joining this committee and staying on top of what is happening at the statehouse, please contact Reily Goyne.

Government Affairs Committee

February 21, 2025, 10:00 – 11:00 AMVirtual Meeting

About AIA Kansas

AIA Kansas is a state chapter of the American Institute of Architects.

The organization provides services and programs to meet the professional development needs and interests of Kansas architects and to develop public awareness for the value of architects and architecture.

Our 700-plus members are leaders in building healthy, sustainable communities that will serve our citizens into the future.