Abortion, fentanyl & DEI: What to know about Kansas laws in effect July 1

Of the more than 600 laws introduced by the Kansas Legislature during this year’s legislative session, more than 100 will become law.

Many of the new laws will take effect on July 1, or the beginning of the state’s fiscal year. Some controversial measures include one requiring Internet users to verify their age before accessing adult content sites, effectively shutting down many popular pornography websites like PornHub.

Lawmakers this year also enacted major improvements to the state government’s cybersecurity system, enacted a plan to further educate teachers in hopes of remedying declining literacy levels among students, and opened up 500 slots on the Intellectual and Developmentally Disabled wait list to receive supplemental Medicaid services.

They also reformed the state’s laws around seizure and asset forfeiture, raising the standard for seizures and allowing courts to award attorney fees to those who successfully win back their property.

Another law, pushed across the country by GOP legislators, would prevent state universities from requiring prospective employees of students to sign any statement “pledging allegiance to, support for or opposition to” diversity, equity and inclusion initiatives.

House Speaker Dan Hawkins, a Wichita Republican, championed the tax bill passed during special session – which will provide all taxpayers an income tax reduction – as a “great success” for Kansans, casting taxes as a major priority for the Legislature.

“While there’s more work to do when we return in January, especially in the area of property tax relief, I think our members made some great strides this year toward ensuring Kansas is the best state to live, work, and raise a family,” Hawkins said.

Here are the laws most likely to have a big effect.

Coercion bill becomes new law

Beginning July 1, coercing an expecting mother into obtaining an abortion will be a felony. In the bill, coercion is defined as threatening to physically harm or restrain the victim, withholding legal documents, controlling access to medication, financial harm, or threats of arrest or deportation.

Violation of the law would carry a minimum $500 fine and a minimum jail sentence of 30 days. But if the father is over 18 and coerces a minor into an abortion, the minimum jail sentence increases to 90 days and a minimum fine of $1,000.

Also taking effect next week is a bill requiring the Kansas Department of Health and Environment to release a biannual report detailing the reasons women obtain abortions.

Except in a medical emergency, providers must ask women to choose “the most important factor” from a list of reasons a woman may choose to terminate a pregnancy. Some of those reasons include being unable to afford a child, the pregnancy affecting the mother’s physical, mental, or emotional health, or that the pregnancy was a result of rape or incest.

Kansas abortion providers have already challenged the abortion reporting law, filing a lawsuit in May. They allege the law would interfere with the fundamental right to bodily autonomy outlined in the state’s constitution.

Sen. Pat Pettey, a Kansas City Democrat who serves as the Senate Minority Whip, said the reporting law serves as another “unnecessary deterrent” for women seeking to have a legal abortion.

“If I were a patient going to a clinic after making this decision and then had this put before me, it would be very intrusive and upsetting,” she said. “How does this help us or provide any necessary information?”

Rep. Ron Bryce, a Coffeyville Republican who sponsored the legislation, said the law would give legislators the Legislature accurate, timely data that could be used to make better decisions for women who made the decision to obtain an abortion.

“It’ll be more of a data driven process, rather than us just thinking we already know what causes different problems people have,” Bryce, who is a doctor, said. “If you see an issue that you want to work on and problem solve, you can make assumptions about it or stop and use more objective data. That’s going to be a lot more effective.”

New foster care policies

This year, Kansas became the first state to offer children aging out of the foster care system to choose a primary legal guardian to care for them as they transition into adulthood. Previously, there were three pathways to choose from: adoption, reunification with their biological family, or the appointment of a custodial parent.

The Kansas Department of Children and Family Services estimated that 25% of those teens will utilize this pathway.

Another law, the Uniform Nonparent Visitation Act, allows someone who is not a biological parent to seek visitation rights. Anyone seeking visitation must prove they have a “substantial relationship with the child” or have taken care of the child in the past. The law specifically points to grandparents and stepparents as beneficiaries of the law.

New crime measures

Anyone who calls for help during an overdose or provides medical assistance to someone overdosing would be immune from prosecution under a law taking effect July 1. The immunity would not extend to people found with a large quantity of narcotics indicating an intent to distribute.

Rep. Pat Proctor, a Leavenworth Republican, sponsored the bill. He told the Star that Leavenworth has a “real, serious issue” with fentanyl poisoning that inspired him to take action.

“If in just one instance the folks around the overdosing person decide to call for help and stay with them instead of fleeing the scene, it will be worth it,” Proctor said. “If the law saves just one person, it is worth it.”

Killing or severely injuring a police dog also carries a heavier punishment, according to a new law. It imposes the minimum three-month sentence in addition to a fine of at least $10,000 in addition to paying for the animal’s veterinary treatment, funeral, burial and replacement.

Lawmakers this year made encouraging someone to commit suicide a felony and increased penalties for distributing fentanyl.

New patient regulations

The No Patient Left Alone Act requires medical care facilities to allow in-person visitation to patients receiving end-of-life care, making a major medical decision, is a minor, is hospitalized for childbirth, is in decline or having emotional stress.

It was passed as a reaction to COVID-19 visitation policies, where many patients were restricted from seeing in-person visitors and often observed worse health outcomes, Rep. John Eplee, an Atchison Republican, said.

Eplee, a physician, said he observed isolated patients at his own practice and heard dozens of stories from other physicians about patients dying “alone and isolated.”

“This bill allows families and loved ones present by their bedside during those real, critical times near the end of life,” he said. “It’ll provide better closure for families and possibly a better outcome for critically ill patients.”

“If you have a loved one’s presence, sometimes miraculous things can happen,” he continued.

Another bill would require parental consent to administer health care services to minors in school, such as providing medicine, administering a diagnostic test or conducting behavioral health treatment. Providers would be allowed to administer suicide risk assessments or behavioral health assessments or provide education materials.

A school nurse or health care provider who violates the law would be “subject to professional discipline from such healthcare provider’s appropriate licensing agency.”

Worker’s Compensation overhaul

On Monday, Kansas will overhaul its workers’ compensation benefits for the first time in over a decade. The law increased the money workers can earn to compensate for their injuries to $400,000 in their lifetime, up from $155,000.

The law also allows workers to get through the system quicker and safeguards workers’ Social Security benefits so that injured workers will not see their benefits drop after collecting a check.