Agribusiness Leaders ADVOCATE

In late January, through the Tomorrow’s Agribusiness Leaders program and annual Legislative Action Day, newcomers and seasoned professionals alike participated in outreach and advocacy efforts for Kansas Agribusiness

Retailers Association and Kansas Grain and Feed Association.

Leading Off

The 2023 class of Tomorrow’s Agribusiness Leaders officially completed the first of three sessions of agribusiness’ premier leadership development course in mid-January.

Session I encompasses associations 101, in addition to an introduction to lobbying.

The 10 individuals chosen by their peers to complete the 25th class included: Andrew Breese (Kansas Grain Inspection Service); Todd Dingler (ProValue Insurance); Jeff Ellis (Syngenta); Brandi Hartley (Farmers Coop Equity at Isabel); Blake Malcolm (AgMark LLC); Jed Miller (Ag Partners Cooperative Inc.); Kent Nichols (MKC); Todd Schultz (Producer Ag, LLC); Jack Vincent (The Scoular Company) and Ed Zahn (Heartland Ag Systems).

Associations 101

The class convened for two days at the association office in Topeka where it learned more about each other, the state government and the associations who serve their organizations.

Kansas Agribusiness Retailers Association (KARA) and Kansas Grain and Feed Association (KGFA) President and CEO Ron Seeber provided a 30-minute presentation discussing the history of each association and the importance of member input toward the success of the organizations.

Speakers and Experiences

The class had the opportunity to converse with several Kansans who hold distinguished spaces in public service.

First, Kansas Secretary of Agriculture

Mike Beam joined the group for lunch prior to discussing the role the Kansas Dept. of Agriculture plays in implementing and enforcing rules and regulations on agribusiness.

Beam also encouraged continued communication between the department and its stakeholders to ensure the regulated entities are aware of rules and regulations and the department is cognizant of how its actions are affecting KARA and KGFA members.

Prior to meeting with Kansas legislators, the class was able to discuss an overview of lobbying with three longtime government affairs professionals: Aaron Popelka of the Kansas Livestock Association; Josh Roe of the Kansas Corn Growers Association and Shahira Stafford of Stafford Public Affairs.

Current chairman of the Kansas Legislature’s House Agriculture Committee Ken Rahjes (R-Agra) spoke to the class over breakfast on the legislative process and how to be effective advocates for agribusinses.

Rounding out the speaker slate, the class met with Associated Press reporter John Hanna inside the Kansas Statehouse. Hanna provided valuable insights on fostering productive working relationships with the media.

Prior to participating in the associations’ annual legislative action day the class received a tour of the Kansas Statehouse including featured photos inside the House of Representatives, Senate and Governor Laura Kelly’s ceremonial office.

The 2023 class of Tomorrow’s Agribusiness Leaders will reconvene in July in Washington, D.C., where class members will lobby the Kansas congressional delegation on issues important to agribusiness.

Legislative Action Day

Coinciding with the TAL program, KARA and KGFA hosted their annual Legislative Action Day on Jan. 25, 2023.

“On the heels of the election in November of 2022 and brand-new members of the House of Representatives, it was incredibly important for our members to join us at our 2023 Legislative Action Day,” KARA and KGFA President and CEO Ron Seeber said. “Historically, our industry has had a strong presence with lawmakers and we are on track to continue those positive relationships.”

Attendees were treated to remarks from Kansas Secretary of Agriculture Mike Beam who discussed the department’s initiatives and priorities during the 2023 legislative session.

Members then visited the capitol in Topeka where they had the opportunity to meet with their individual legislators on issues pertinent to the associations including: water regulation, property taxes, short line rail funding, workforce development, and electric rates among other individual member-specific issue points.

Governor Kelly has signed this bill into law.

Kansas Promise Scholarship Expansion For Cdl Training

House Bill 2132 would expand the Kansas Promise Scholarship Act to add new eligible fields of study, including transportation and commercial driver license training. Scholarships could total $8 million this academic school year, with the program likely reaching a statutory cap of $10 million next year as interest and demand for scholarships builds. A conference committee report has been sent to the governor for consideration.

Motor Carrier Independent Driver Status

House Bill 2020 was introduced to clarify that the employment status of a driver of a motor carrier does not change as a result of the inclusion of safety improvements made to the vehicle. The House passed the bill 122-0. The Senate amended the bill and passed it 35-1. The House and Senate placed the bill into Conference Committee Report on HB 2020 which was signed by the governor.

Water Policy Bill Placing New Requirements On Gmds

House Bill 2279 would amend the groundwater management district act to place new annual reporting and conservation action plan requirements on the GMDs. The House passed the bill 116-6. The Senate amended the bill before passing it on a vote of 35-5. The House and Senate placed the bill into Conference Committee Report on HB 2279 before passing it and sending it to the Governor for consideration.

Water Bank Participation In Myfa

Senate Bill 205 would amend the Kansas water banking act to authorize certain water rights in a water bank to temporarily participate in multi-year flex accounts. The proposed language would address an issue from a Kansas Attorney General’s opinion during the 2022 calendar year. The bill was necessary when the 2022 drought created challenges for water users within GMD5 who had utilized the water bank in prior years and had exceeded their water right’s authorized annual quantity. Those irrigators then filed applications to enroll into a multi-year flex account. After passing the Senate on a vote of 39-0, the House Water Committee amended the bill to remove criteria that a bankable water right must not currently be enrolled in an active MYFA. The amendment would allow a water right to be bankable even if the water right is currently enrolled in a MYFA. The House passed the bill, as amended, 39-0. The Senate concurred with the House amendments, and the bill was sent to the governor for consideration.

Hemp Grain

House Bill 2168 would add industrial hemp seed to the statutory definition of grain in the Kansas grain warehouse law. Hemp has not been federally approved for use in animal feed and it is unknown whether hemp ingredients are safe for animals or can be utilized as a source of nutrition when consumed over periods of time. These questions should be answered before hemp is used for commercial feed purposes to ensure the safety of the public, animals, and the agricultural industry. KGFA opposed the measure in a hearing before the House Agriculture Committee, and the bill did not advance further.

Scrap Metal Theft Reduction Act Extension

House Bill 2326 extends the sunset date on the current scrap metal theft reduction act and clarify that catalytic converters are covered by the act. KGFA joined other affected industries in supporting the measure. Agribusiness groups supported the initial passage of the measure when it was passed five years ago. The House passed the bill 120-1. The Senate amended the bill and passed it on a vote of 39-1. The House concurred with the Senate amendments. The bill was signed into law by Governor Laura Kelly.

Prohibiting Foreign Ownership Of Real Property

Senate Bill 283, as introduced, would prohibit the future conveyance of real property in Kansas to “foreign adversaries”, as the term is defined by federal law, beginning on July 1, 2023. This issue is a high priority item of new Kansas Attorney General Kris Kobach, who stood as a proponent to the bill. The Senate Judiciary Committee held a hearing on the bill and amended it before putting the contents of the bill into House Bill 2069, creating Senate Substitute for House Bill 2069. The bill did not advance further this session.

THIRD-PARTY FUNDED LITIGATION

Senate Bill 74 would provide for joint liability of costs for third-party funded litigants and also allow for sanctions on third-party funded litigants. The bill would also require certain discovery disclosures and payment of certain costs for nonparty subpoenas. The bill was heard in the Senate Judiciary Committee, but because it has not passed either chamber, it will not advance further this session.

Legislative Updates

This edition of the Kansas Statehouse Insider is up-to-date as of April 21, 2023. To view a complete recap of the 2023 Kansas legislative session visit ksgrainandfeed.org or ksagretailers.org. For questions, contact Randy Stookey (randy@kansasag.org).