By: NICOLAS FIERRO
Salina Post
Saline County Rep. Clarke Sanders (R-Kansas, 69th District) and Sen. Scott Hill (R-Kansas, 24th District) gave comments on the passing of a Senate Bill, that would require government bathrooms to be designated to people's biological sex at birth.
The Kansas House and Senate voted on Senate Bill 244 (SB244), Wednesday. The House passed on a 87-36 vote, along party lines with one Republican opposed. The Senate also voted with a 30-9 result, along party lines as well.
There is an expectation Governor Laura Kelly would veto the legislation, as there would need to be 84 House votes and 27 Senate votes to override the veto if that would happen.
Rep. Clarke Sanders comments
Kansas Democrats argued the hearing of the bill was "rushed through the legislative process," given the fact the hearing was being held in less than a 24 hour notice and "without public input."
Sanders said legislators "followed the rules" and that constituents knew about this bill, as he received many emails regarding the hearing.
"There is a process, we followed the rules and somebody had a chance to talk to their constituents, because I got alot of emails on this bill, so people knew it was going to happen," he said.
Sanders added SB 244 was known about already, due to the fact that House Bill 2426 ("gender" to mean biological sex at birth, correct gender ID on driver's licenses and birth certificates) was introduced on January 12 and then added into the Senate bill, making it House Sub for SB244.
However, the only difference was the addition of public bathrooms into the bill.
"There was already a set up bill before it even came over to us, and I think it's mischaracterizing to say that nobody knew about it," Sanders said.
His message to the public on why restricting public bathroom access based on sex at birth is necessary, is because he does not want "men in women's bathrooms and women in men's bathrooms."
"As a general rule we don't men in women's bathrooms and women in men's bathrooms, and I don't think that is unreasonable."
At the end of the hearing, there was no fiscal note that was made for how much the bill would cost.
However, Sanders said there is no reason to place a fiscal note.
"There is no cost of the state, because bathrooms are already labeled as men, women or family. There are no labels that need to be changed or construction needed to be put in place."
Sen. Scott Hill comments
Moreover with the arguments that the hearing of the bill was rushed, Sen. Hill stated a condensed session saves taxpayer dollars and the legislature operates on a rapid pace.
Hill also said the hearings were held in accordance with notification guidelines.
"The resultant recommendation to the House committee of the whole is subject to a calendar restraint however there is not a hour restriction, example 24 hours," he said. "That is a legalistic way of saying that although the bill was expedited, it was in no way improper."
He added the debate in Topeka was "robust," much more than any committee hearing ever is and the legislation was not passed from "lack of knowledge."
"This legislation was passed not from lack of knowledge, but rather from a sensitivity to the wishes of average Kansans that have made it very clear that they want to see biological males use male only facilities and biological females to use female only facilities."
Hill thought the statement of Kansas Democrats arguing there was "no public input" is flawed.
"The legislators are publicly elected officials, they are all accessible from the public and I know I am. The input directed to legislators both publicly and in private conversations are as valid as committee proceedings. The judiciary committee did not approve SB244 without knowledge of the content. I would contend that no issue in this legislature which began in 2025 has had more information and committee hearing time than the idea of protecting the private space of biological females and males. The opponents of this legislation may contend it only passed because the legislature was uninformed, however I think after 6 plus hours of debate in committee of the whole anyone who has not heard the issues on both sides is not capable of hearing."
There may be a slight cost to the reissuing of birth certificates with the correct biological birth sex, but would be easily absorbed according to Hill. With there being no fiscal note, he confirmed the same point as Sanders by stating "the use of restrooms and other designated spaces requires no changes of governmental buildings, since the spaces already exist and are designated."
Furthermore, Hill added if there is a fiscal note, it can be available before veto override if necessary.
"If there is a significant fiscal note it can be available before veto override if necessary. It is important to note that the changing of birth certificates that have already been done due to subverted previous legislation only increase in number the longer the length of time to clarify the previous legislation. That is a major component of how expedited this bill has been."