After sharing her initial reaction to the Kansas Legislature’s final wrap up session Friday, Governor Laura Kelly made a number of significant announcements Tuesday.
During a special news briefing the governor announced she is vetoing House Bill 20-54 passed by the Kansas Legislature during a near 24-hour wrap-up session last week. While Kelly stated she supported aspects of the bill, overall, she feels it creates more problems than solutions. Namely, the governor states the bill would “make a mess of the state’s ability to adequately respond during times of crisis.”
51st District Representative Ron Highland of Wamego responded to the decision and was less than pleased with the governor’s announcement on the legislation which he states was discussed “ad nauseum.” He adds that the governor’s chief of staff stated the legislation was acceptable and Highland feels the governor is more upset over having no power regarding the allocation of federal stimulus dollars.
Senate Vice President and 17th District Senator Jeff Longbine was surprised the governor announced the veto, especially given why Republicans took the steps they did on emergency powers last week.
In addition to the governor’s veto announcement she also issued a proclamation that the legislature will have to reconvene for a special session on Jun. 3. Highland anticipates there will be quite the fight when that session convenes.
Longbine hopes that won’t be the case.
60th District Representative Mark Schreiber says HB 2054 was clumsier than he wanted but could have been effective if it was allowed. He wants the focus to return to what’s best for Kansas residents.
The Kansas Chamber also shared its reaction to the governor’s decision Tuesday stating it was “disappointed” with the veto decision stating “While not perfect, this legislation would have provided certainty for Kansans and for the state’s business community during these uncertain times.”
76th District Representative Eric Smith says like his colleagues the decision took him by surprise and feels the action was not necessary.
Governor Kelly also stated constitutional concerns with the bill as it was passed after the original deadline of sine die of midnight Friday. Kelly acknowledged that by vetoing the bill the state’s emergency declaration, which would have been extended through May 31 would now expire at midnight Tuesday.
Due to this, the governor announced the issuance of a new emergency declaration in order for the state to continue receiving federal assistance. This will continue several executive orders and outline the delivery of certain services through the Kansas Division of Emergency Management, Kansas Department of Health and Environment, Kansas National Guard and the federal government. The full list of services, executive orders and what the governor says will be consequences if lawmakers don’t extend the emergency order are available below.
Smith believes the situation is not a political issue “except in the media.”
Governor Kelly is scheduled to hold her next press conference at 2 pm Wednesday.
Governor Laura Kelly’s Emergency Declaration
After careful review, Kelly has vetoed House Bill 2054. This sweeping, hastily crafted legislation pushed through the Kansas Legislature last week includes provisions that will damage Kansas’ ability to respond to COVID-19 and all future disasters. The bill also weakens local county health officer authorities and adds unnecessary layers of bureaucracy to their emergency response efforts.
Kelly has signed a new state disaster declaration to ensure that Kansas can effectively respond to the current emergency situation, which includes an unprecedented economic emergency and the imminent threat of new outbreaks of COVID-19, specifically regarding food supply. This will also ensure the state can continue its coordinated response with federal and state partners.
Kelly has called a special session starting June 3. She has asked the Legislature to put politics aside, work with her, and deliver an emergency management bill that has been vetted, debated, is transparent and addresses the need to keep Kansans safe and healthy.
“As I’ve said from day one, the safety and well-being of Kansans is my number one priority. What the Legislature sent to my desk does not protect Kansans. It does not help Kansans. It puts their lives at risk,” Kelly said. “I’m calling on the Legislature to come back and put a carefully crafted, bipartisan bill on my desk that will provide the resources Kansans need, in a timely manner. We must stop putting Kansans at risk.”
The new state disaster declaration addressing the current emergency enables Kansas to provide the following services through the Kansas Division of Emergency Management, the Kansas Department of Health and Environment, the Kansas National Guard and the federal government:
Allows National Guard members supporting numerous field missions throughout the state to serve communities in response to the disaster and threat. To date, a total of 678 National Guard personnel are supporting these missions.
Allows KDEM and National Guard to provide vital food support to communities and protect against threat of food supply shortages. Guard members have packed more than two million meals which are being distributed to food banks across Kansas.
Allows KDEM and National Guard to swiftly provide medical and non-medical Personal Protective Equipment (PPE) to hospitals, first responders and many more to combat the imminent threat of COVID-19 surges. To date, over 7,000 cases of PPE have been delivered across the state, which includes 3.2 million individual pieces of PPE. More will be needed to address the imminent threat of new outbreaks.
Allows KDEM to assist the Kansas Department of Corrections to provide support personnel – including medical and food preparation personnel.
·Allows KDEM to make deliveries of Remdesivir to counties across Kansas. So far, KDEM, along with their state agency partners which include the Kansas National Guard, Kansas Highway Patrol and Civil Air Patrol, have made 26 deliveries of Remdesivir to 10 counties. Remdesivir is delivered to hospitals to treat critical patients, and this service is potentially life-saving for those patients. KDEM makes these deliveries immediately when needed for patients throughout the state.
·Allows KDEM to continue providing non-congregate shelter for positive and exposed persons who are essential workers. There are currently 50 contracts related to non-congregate sheltering needed for the present disaster. Continuing to provide this support will mitigate the threat to the food supply and the threat of surges in COVID-19 infections.
·Allows medical workers and first responders to rely on the Battelle Critical Care Decontamination System to decontaminate their PPE. This system is provided by FEMA and continuing to provide this service will mitigate the threat of surges in COVID-19 infections.
·Allows KDEM to manage donations and warehouse space necessary to store PPE. This storage is necessary due to the threat of new COVID-19 outbreaks as statewide restrictions are lifted and the economy reopens.
·Allows KDHE to provide community-based testing under the State Emergency Response Plan. Increased testing will help the state mitigate the threat of, or respond to, future outbreaks and allows businesses, employees, and customers to resume economic activity with increased confident that outbreaks will be prevented or mitigated.
·Allows KDEM to continue transporting testing samples. KDEM has transported over 1,000 samples to state labs since April 29, 2020. By transporting the tests via KDEM couriers, the tests arrive at the lab the same date they are collected, and results are provided the following day. Without this same-day service, the results of the tests will be delayed and the ability to contact-trace will be severely limited, risking additional illness and death as well as economic insecurity.
·Allows KDEM to provide translation support. Currently, KDEM is providing 16 translators to support contact-tracing operations to mitigate the current and imminent threat of a new COVID-19 outbreak.
·Allows the Civil Air Patrol to continue to provide needed emergency transportation.
If the state disaster declaration is not extended by the Legislature within 15 days, the following significant problems will likely occur:
Possible closure of meat processing plants;
Inability to assist hog farmers with the euthanasia and disposal of excess hogs;
The loss of unemployment benefits;
Significant delay and possible frustration entirely of the economic recovery of the State;
Reduced PPE inventory for healthcare workers and first responders;
KDEM would be unable to receive, sort, package, and transport PPE and other commodities to health care workers and first responders;
Food shortage and an inability of state agencies to provide the various food programs needed to assist Kansans;
Reduced testing and a lack of timely test results;
Inability to conduct contact-tracing missions;
Increased outbreaks of COVID-19 in the prison population;
Increased outbreaks of COVID-19 in nursing homes;
Inability to service or transport ventilators or anesthesia machines;
Inability to coordinate mission assignments or take emergency actions necessary to deal with issues related to the current disaster;
No immunity for state employees or volunteers providing vital services;
Inability to initiate and maintain the Kansas Response Plan; and
Increased costs to the State of Kansas as a result of losing federal funding.
Under the new disaster declaration, the operative provisions of the following Executive Orders will be reissued:
20-08: Temporarily expanding telemedicine and addressing certain licensing requirements to combat the effects of COVID-19
20-12: Driver’s license and vehicle registration and regulation during public health emergency
20-13: Allowing certain deferred tax deadlines and payments during the COVID-19 pandemic
20-17: Temporary relief from certain unemployment insurance requirements in response to the COVID-19 pandemic
20-19: Extending professional and occupational licenses during the COVID-19 pandemic
20-20: Temporarily allowing notaries and witnesses to act via audio-video communication technology
20-23: Licensure, Certification, and Registration for persons and Licensure of “Adult Care Homes” during public health emergency
20-27: Temporarily suspending certain rules relating to sale of alcoholic beverages
20-32: Temporary relief from certain restrictions concerning shared work programs
20-33: Extending conditional and temporary relief from certain motor carrier rules and regulations in response to COVID-19
