The Kansas Senate’s version of upgrades to the Kansas Emergency Management Act has a veto-proof majority, which could be significant if the bill works through the Kansas House in its current form.
17th District Senator Jeff Longbine of Emporia was among the 27 Republicans that voted in favor of Substitute for Senate Bill 273 Monday. The current structure expires at the end of the month, so time was of the essence. Longbine also tells KVOE News the bill moves the final say on public health orders out of the governor’s hands.
Under the plan, executive orders would have to go to the Attorney General for a 24-hour review period and to the chair and vice chair of the Joint Committee on Emergency Management for a separate review by the full committee after the Attorney General goes through the document. A majority vote would be needed for the executive order to go into effect.
Also, for executive orders affecting more than one county, the bill says county commissioners could pass health orders that are less stringent than what the governor announces. School boards, meanwhile, will have the authority to take action as deemed necessary if a public health emergency is declared.
Republicans, Longbine included, have said a “one size fits all approach” does not work effectively across the state since the coronavirus pandemic started nearly a year ago. They say the bill also establishes a due process mechanism for people who may be “aggrieved” by executive orders or other restrictions.
Governor Laura Kelly says the bill makes it harder to respond “swiftly and effectively to disasters.” She also says the Legislature’s role is oversight, not decision-making, and she says she won’t hesitate to veto bills that slow down her ability to respond to crisis situations. Fellow Democrats say the bill wouldn’t be discussed if a Republican was in the governor’s chair, but Longbine disputes that assertion.
The House and Senate will now have conference committee meetings for a final bill.
The act by itself does not extend the state’s emergency declaration beyond March 31. Lawmakers would need to extend the declaration date.
