Local Government Committee advances bill to void race-based covenants on state school property

The Committee on Local Government voted to pass Senate Bill 194 favorably and place the measure on the consent calendar, advancing a bill that would declare unenforceable racially discriminatory covenants on property owned by state educational institutions when those covenants were executed during a specified 10-year period.

The bill is the Senate companion to House Bill 2,282; the committee’s revisor summarized that the bills are “largely the same” and said the legislation would make unenforceable “covenants on property that is owned by a state educational institution that prohibit the use for other than single-family residence purposes and which contain discriminatory provisions to restrict ownership or tenancy based on race.” The revisor noted two amendments the Senate adopted: applying the bill’s 10-year date range to limit which covenants are voided, and moving the effective date to the Kansas Register after the governor signs the bill.

Tom Cox of Connected Nation provided proponent testimony and referred the committee to his written material, saying the testimony was the same as he gave at an informational hearing held two days earlier. Cox said the addition of the single word “only” (to limit the provision to the identified time range) clarified the bill and avoided unintended consequences: “When we can do one word to solve a problem in the legislature, that’s a huge win in my book.” Committee members asked only brief clarifying questions; one member asked whether inserting the word “only” could create unanticipated issues, and the revisor responded that proponents were satisfied the documents tied to the conveyance were executed within that 10-year period and that the bill was intended to be narrowly targeted.

No neutral or opponent testimony was offered at the hearing. The committee first voted to suspend the rules to allow emergency final action and to place the bill on the consent calendar; that motion was seconded by Senator Slansky and approved. The vice chair then moved that the committee pass SB 194 favorably and place it on the consent calendar; the motion was seconded by a member identified in the transcript as a “minority member” and the committee approved the motion. The revisor also noted that the Senate had passed the bill earlier by a roll call of 40-0.

After the SB 194 action, the committee approved minutes for its March meeting dates and then adjourned.

Votes at a glance - Motion to suspend rules and place SB 194 on the consent calendar — mover: Vice Chair; second: Senator Slansky; outcome: approved (voice vote as recorded). - Motion to pass SB 194 favorably and place it on the consent calendar — mover: Vice Chair; second: Minority member; outcome: approved (voice vote as recorded). - Motion to approve committee minutes for March — mover/second: not specified in the transcript; outcome: approved.

What the bill does and next steps - SB 194 (mirror of HB 2,282) would declare certain racially restrictive covenants void and unenforceable when they apply to property owned by a state educational institution and were executed within a specified 10-year period. The bill’s effective date is tied to publication in the Kansas Register after the governor signs it. The committee’s action places SB 194 on the consent calendar for further consideration by the full chamber.

Who spoke Quotes and attributions in this article come from individuals who spoke at the hearing: the committee revisor, Tom Cox of Connected Nation, the committee chair, the vice chair, Senator Slansky (identified as a seconder), and an unnamed committee member who asked a clarification question.