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Minutes for HB2673 - Committee on Welfare Reform

Short Title

Directing the secretary for children and families to request a waiver from supplemental nutrition assistance program rules and prohibit the purchase of candy and soft drinks with food assistance.

Minutes Content for Tue, Feb 13, 2024

Chairman Awerkamp opened the meeting at 1:32 p.m. and referenced a background document: Foods typically purchased by Supplemental Nutrition Assistance Program (SNAP) households (Attachment 1).  He then opened the hearing on HB2673.

Jessie Pringle, Assistant Revisor, briefed the Committee on the bill (Attachment 2).  She explained the bill amends the statute that outlines eligibility and program requirements for public assistance programs funded with federal moneys and administered by the Secretary for Kansas Department for Children and Families (DCF).  The bill directs the Secretary to request a waiver from the U.S. Department of Agriculture (USDA) to exclude soft drinks and candy from the definition of eligible foods that may be purchased with the EBT (Electronic Benefit Transfer) card.  If no waiver is granted, the Secretary shall annually request the waiver until it is granted.

Speaking as a proponent for the bill, Roy Lenardson, Opportunity Solutions Project, commented that SNAP by its name indicates nutrition; however, soft drinks and candy do not provide nutrition for those who consume it (Attachment 3).  He cited the Kansas obesity rate (35.7% among adults) and the deleterious affects of obesity on an individual's health, and he quoted a Harvard study to indicate lower income families (those who use the EBT card) have a 30% higher obesity rate than the national average.  He noted the impact of obesity on the state's budget and stated that the bill will help align the food-stamp program with the state's goals of providing nutrition for families, goals already expressed by the WIC (Women, Infants, and Children) program, which prohibits soft drinks and candy.  He also noted the profit motive of soft-drink companies to oppose the bill.

Members discussed the ramifications of the bill if it were to be passed.

Nicholas Reinecker, Citizen, testified as a proponent for the bill (Attachment 4).  He commented that the bill represents good stewardship of taxpayer money and encourages more healthy choices for those with EBT cards as well as discouraging certain elements of corporate lobbying.

The following individuals testified as opponents:

Carla Whiteside-Hicks, Director, Economic and Employment Services, DCF, stated that, based on the experience of other states, the USDA is unlikely to grant a waiver; further, SNAP offers a nutrition education component to promote healthy choices.  She said the bill would also create an administrative burden and additional costs for  DCF.   Responding to questions, she said current SNAP prohibitions include the purchase of tobacco and alcohol; the WIC program, which prohibits purchase of candy and soft drinks, is more focused than SNAP (Attachment 5) .

Brian Posler, Fuel Trust:  Independent Energy and Convenience, tracing the history of similar attempts to restrict SNAP, said a waiver is unlikely to be granted.  He referenced the increased cost for his members to implement the bill and the difficulty retailers would have in determining what was or was not a soft drink or candy (Attachment 6).  He commented that it is not the role of government to impinge on personal dietary choices; the bill is well-meaning but poor policy.  Responding to questions, he replied that the bill will threaten the profit margin of convenience stores and will result in retailers refusing to accept EBT cards.

Juliet Abdel, President, Government Affairs, Great Topeka Chamber, commented that passing the bill will place Kansas on an island and send a message that the state is unfavorable to businesses, resulting in fewer investments in communities (Attachment 7).

Erin Melton, Economic Security Policy Advisor, Kansas Action for Children, stated that SNAP is the first line of defense against hunger and provides groceries for food-insecure families.  She said implementation of the bill would be too complex to be effective and the waiver will likely not be granted by USDA.  Answering questions, she replied that no language change will make the bill good public policy and implementing the bill would result in retailers refusing to accept the EBT card (Attachment 8).

Karen Siebert, Advocacy and Public Policy Advisor, Harvesters, said SNAP is the nation's most effective response to hunger; the bill intrudes on the freedom of families to make their own food choices.  The bill would also harm Kansas businesses and would cause individuals to shop outside Kansas (Attachment 9).  She observed that there are better policy options.  

Jon McCormick, President and CEO, Retail Grocers Association of Greater Kansas City, declared that the bill would turn Kansas retailers into food police; further, implementing the bill would be technologically costly and would result in some retailers refusing to accept EBT cards (Attachment 10).

The following individuals submitted written-only opponent testimony:

  • Haley Kottler, Campaign Director, Kansas Appleseed Center for Law and Justice (Attachment 11);
  • Brian McKeon, Senor Vice President, Public Policy National Confectioners Association (Attachment 12);
  • Eric Stafford, Vice President of Government Affairs, Kansas Chamber (Attachment13);
  • Derek Hein, Executive Director, Kansas Beverage Association (Attachment 14).

The Chair closed the hearing on HB2673.

The Chair adjourned the meeting at 3:01 p.m.  The next meeting is scheduled for Tuesday, February 20, 2024.