Kansas Republican lawmakers moved Wednesday to limit Democratic Gov. Laura Kelly’s emergency powers during the coronavirus pandemic, warning her against overstepping her authority.
The Senate approved a resolution following an extraordinary debate over how far a chief executive can and should go as the state fights COVID-19. The measure, passed in a 39-2 vote, would allow Kelly to extend the state of disaster she declared last week, but with significant restrictions. It now heads to the House.
Senators voted to prohibit the governor from seizing ammunition or limiting the sale of firearms during the current crisis. They also barred Kelly from commandeering private property or controlling the movement of people within the disaster zone, which encompasses the entire state.
“I am not comfortable turning over blanket authority to any governor, I don’t care who is in office,” said Sen. Caryn Tyson, a Parker Republican who led the addition of several limitations.
Kelly’s emergency powers will expire in a few days unless the Legislature acts. The original resolution would have extended her authority until Jan. 25, 2021. But senators moved up the expiration to May 1. Her administration would also have to abide by the restrictions inserted by senators.
Later Wednesday afternoon, the House rejected the Senate’s version of the resolution. It means that House and Senate negotiators will have to work out a compromise that both chambers can vote on.
The pushback came after Kelly issued two sweeping orders on Tuesday, one closing K-12 schools for the remainder of the academic year and the other restricting foreclosures and evictions.
“These are steps the governor took, over the last day, that I feel strongly was unnecessary,” said Sen. Gene Suellentrop, a Wichita Republican who chairs the Senate’s health committee.
But Sen. Tom Holland, a Baldwin City Democrat, questioned whether the resolution as amended would override Kelly’s order and allow banks to proceed with foreclosures.
“We don’t understand the ramifications and unknown consequences of what this means,” Holland said.
Senate Democrats urged their colleagues to trust Kelly and her administration’s response.
“We should give our governor the full extent of what a resolution declaring an emergency would do so she can continue to make the right decision,” Senate Minority Leader Anthony Hensley, a Topeka Democrat, said.
Kelly’s office didn’t immediately respond to a request for comment.
During a meeting with senators after the vote, Kansas Department of Health and Environment Secretary Lee Norman was asked why the COVID-19 pandemic was so dangerous compared to other viruses, like the bird flu and H1N1.
Norman said the viruses encountered in recent years were not transmitted the same way. The novel coronavirus can be passed through coughing and, in the case of Johnson County, can escalate to where it spreads on a community level.
Efforts by government officials to close restaurants and encourage social distancing are necessary to prevent the health care system from being overwhelmed, Norman explained to senators.
“With the projections that I think are going to be likely, we will fill intensive care beds and we’ll have a lot of deaths,” Norman replied, “and the reason is because we’ll have so many people who get infected.”
Sen. Dennis Pyle, a Hiawatha Republican, told Norman that a healthcare professional in his district had emailed him that coronavirus was around in the 60s.
“This one has never been around, hence the name novel,” Norman replied.
As the Legislature continued meeting Wednesday, Sen. Mary Ware, a Wichita Democrat, disclosed that a visitor to her office last week had been exposed to a confirmed coronavirus case. She didn’t identify the individual, who she said is now awaiting test results.
A sense of urgency has been growing among most lawmakers this week to quickly adjourn, at least for several weeks. The Legislature on Wednesday continued to negotiate a bare-bones budget that would keep state government functioning if lawmakers aren’t able to return to Topeka later this spring.
House Speaker Pro Tem Blaine Finch, an Ottawa Republican, said the priority is passing a budget, rather than opposing the governor’s executive orders.
But House Majority Leader Dan Hawkins, a Wichita Republican, said “we’re certainly hearing from our members that there’s certainly some concern.”
Like as if she was going to attempt this tyranny all by herself ..
I can see what this covid scare is bringing out , and everyone of us should be taking notes
assholes like this are the terrorists were really dealing with
if she feels so inclined , she can come to my house and attempt it ..hahahhahaha
“Senate Democrats urged their colleagues to trust Kelly and her administration’s response”
HAHAHAHAHAHA, I don’t trust any politician in “normal” times, I certianly have less than zero trust in them now!