Kansas lawmakers approve emergency extension, after Kelly says she won’t close businesses
Kansas will continue to operate under a state of emergency, allowing Gov. Laura Kelly to maintain a statewide response to the pandemic, after a panel of legislative leaders agreed to an extension Friday.
The action by the State Finance Council followed three hours of partisan wrangling over the extent of Kelly’s emergency powers, as Republicans and Democrats accused each other of “holding the state hostage” for political ends.
In the end, Kelly had to agree not to close businesses to combat the spread of COVID-19, even though she will regain the power to order closures beginning Tuesday. The council is chaired by Kelly, a Democrat, but controlled by Republican legislative leaders.
The agreement mirrored provisions included in a bill passed in June to limit Kelly’s powers.
“I sincerely hope Kansans can trust her ‘intention’ that businesses will not be closed, and this state will move forward towards a safe recovery,” Senate President Susan Wagle, a Wichita Republican, said in a statement.
Senate Minority Leader Anthony Hensley, a Topeka Democrat, said it was disheartening that Republicans played political games on the anniversary September 11 attacks “rather than take swift action to do what’s right – and what’s best – to help Kansans overcome the greatest public health crisis of our lifetime.”
The showdown followed months of skirmishing between Kelly and Republican lawmakers over her actions during the pandemic. Several statewide orders issued by Kelly — including a mask mandate and a failed attempt to delay the start of school—have irritated conservatives, who say the decisions should be made by counties and cities.
Republicans also chafed under the governor’s mandatory closures of businesses this spring in the early weeks of the pandemic. In June, the Legislature passed and Kelly signed a bill that placed new limits on her power to close businesses.
Kelly announced her plans to extend the emergency declaration, along with several related executive orders, at a press conference Thursday.
Those orders include restrictions on foreclosures and evictions, changes to unemployment requirements, deferred tax deadlines, and adjustments to drivers license and vehicle registration regulations.
She asked the Finance Council to approve her request, warning of ‘dire consequences’, if she was denied.
“The virus is still here and it’s here in a major way and until we get control of it and until we have a vaccine we are going to have to modify our approach to work, to school, to family life, to everyone unless we want to risk our lives and the lives of those around us,” Kelly said Friday. “We have a responsibility as leaders to keep in the forefront at all times the health and safety of our constituents.”
Kansas counties need local emergency declarations in place to receive COVID-19 supplies and support from the state. All 105 Kansas counties approved declarations but Chautauqua, Barber and Morris counties let theirs expire, according to Kansas Association of Counties Education and Communications Director Kimberly Qualls.
Qualls said she didn’t know why those counties didn’t continue the declaration.
“The emergency state declaration being extended is vital for providing counties this assistance because we all know that the COVID-19 pandemic is not gone and is not going away any time soon,” Qualls said.
Under state law, Kelly can again close businesses under limited circumstances for 15 days beginning on Sept. 15, but any extensions must be approved by the Finance Council. At the meeting, Kelly said she has no intention of closing businesses and would make that clear to owners.
The declaration ultimately approved by the Finance Council states “it is the governor’s intention not to use her authority to close businesses.”
The wording, Kelly said, would not conflict with existing law as it is stating her intentions, not creating new restrictions.
Senate Majority Leader Jim Denning, an Overland Park Republican, said Kansas residents and business owners have already “lived through a nightmare” and needed assurances that businesses will not be shut down in the future.
“We will never recover as a state if we do that again,” he said.
Jonathan Shorman and Michael Stavola contributed to this report.
This story was originally published September 11, 2020 at 3:38 PM.
