Kansas has a new anti-DEI law

Bills for proposed tax breaks in Kansas for anti-abortion counseling centers and others approved by the Legislature were vetoed by the governor on Friday.

Gov. Laura Kelly also vetoed a bill with bipartisan support to increase the penalties for killing a law enforcement dog or horse, a move that lawmakers who pushed it called “political pettiness.” In addition, she rejected two elections measures.

Kelly's action on the bill dealing with diversity, equity and inclusion initiatives stood out because it broke with her vetoes last year of anti-DEI measure from the current state budget.

The new law, taking effect July 1, prohibits state universities, community colleges and technical schools from requiring prospective students or applicants for jobs or promotions to make statements on their views about diversity, equity and inclusion programs. Kelly let it become law only two days after the state's higher education board adopted its own, narrower ban on the same practices.

“While I have concerns about this legislation, I don’t believe that the conduct targeted in this legislation occurs in our universities," Kelly said.

Legislators are scheduled to return Thursday from a spring break and wrap up their work for the year in six days. Top Republicans immediately pledged to try to override Friday’s vetoes.

The new policy from the Kansas Board of Regents applies only to state universities and does not specify any penalties, while the new law will allow a fine of up to $10,000 for each violation.

Backers of DEI programs say they are being misrepresented. The American Psychological Association defines diversity, equity and inclusion as a framework to guide “fair treatment and full participation of all people,” especially those in minority groups.

With the bill helping the state's nearly 60 anti-abortion centers, Kelly's veto was expected because she is a strong supporter of abortion rights. She already has vetoed two other measures championed by abortion opponents this year.

But lawmakers in Kansas have had increasing success in overriding Kelly’s actions. Lawmakers appear to have the two-thirds majorities necessary in both chambers on abortion issues and appeared close on the DEI bill.

The latest abortion measure would exempt anti-abortion centers that provide free services to prospective mothers and new parents from paying the state's 6.5% sales tax on what they buy and give donors to them income tax credits totaling up to $10 million a year.

The bill also includes provisions designed to financially help parents who adopt or want to adopt children.

One of the elections bills she vetoed would require county election officials to track how many ballots an individual delivers for other voters, as the state limits the delivery of 10 ballots per person. Legislators set that limit in 2021, but many Republicans argue that the state hasn't been able to adequately enforce it. Lawmakers contend the limit prevents fraud and lost ballots.

The other elections bill would prohibit state agencies and local officials from using federal funds in administering elections or promoting voting without the Legislature's express permission.

The veto of the bill on police dogs was perhaps Kelly's most surprising action. Increased penalties have had bipartisan support across the U.S., and Colorado Gov. Jared Polis this week signed a measure this week.

The Kansas measure was inspired by the November death of Bane, an 8-year-old Wichita police dog, who authorities say was strangled by a suspect in a domestic violence case. It would allow a first-time offender to be sentenced to up to five years and fined up to $10,000.

Kelly said the issue needed more study, saying the new penalties for killing a police dog would be out of line with other, more severe crimes, “without justification."

But House Speaker Dan Hawkins, a Wichita Republican and the bill's biggest champion, said: “This veto is a slap in the face of all law enforcement.”