Racing clock, Kansas Republicans bypass Senate debate to limit Kelly’s emergency powers

Kansas Republicans, facing a ticking clock in their push to restrict Democratic Gov. Laura Kelly’s emergency powers, took extraordinary steps Thursday to fast track legislation and cut off debate.

GOP leaders accused Democrats of wasting precious time on the final day of the Legislature’s annual session. Lawmakers have questioned the validity of any bills passed after midnight, raising the level of urgency and turning time into a precious commodity.

Senate President Susan Wagle, a Wichita Republican, told dozens of anti-shutdown demonstrators gathered outside the Statehouse that a bill to restrict Kelly will be sent directly to negotiations between the House and Senate — a process that won’t allow lawmakers to offer amendments and sets up high-stakes up or down votes Thursday night.

“The Democrats were stalling. We couldn’t move on,” Wagle said. The conference committee will mean “we don’t have to go through delayed hours and hours of the Democrats trying to block us.”

The outcome of Thursday’s standoff may ultimately determine Kelly’s response to the pandemic in the weeks and months to come. The governor is in the middle of implementing a phased-in reopening of the state, which is expected to last well into June.

Kelly’s power to enforce the reopening plan depends on a state disaster declaration issued weeks ago, her second since the COVID-19 pandemic began. Attorney General Derek Schmidt, a Republican, issued a legal opinion casting doubt on the legality of the declaration and questioning whether she could issue another.

Even if the Legislature passes a bill, Kelly could veto it. Lawmakers would have no opportunity to override the veto because Thursday is the last day of session.

But while the bill Republicans are crafting will limit Kelly’s powers, it may also allow her to keep elements of her administration’s coronavirus response in place, potentially encouraging the governor to sign it or let it become law without her signature.

“Quite frankly, I think she’ll veto that bill when it’s all said and done,” said Senate Minority Leader Anthony Hensley, a Topeka Democrat and a close ally of Kelly. “In fact, I would encourage her to do that.”

Hensley said the decision by Republican leaders to develop the emergency powers bill in a conference committee turns the process into “all or nothing.”

In a statement, the governor’s office said Kelly welcomes an “honest conversation” about the state’s emergency management law, called KEMA. But the statement also assailed Schmidt’s decision to release his legal opinion at midnight before the last day of session.

The governor’s office also criticized the Legislature for attempting to cram through multiple bills on a day that is typically ceremonial.

“Unfortunately, this is not an honest conversation about reviewing and modernizing KEMA,” the statement says.

GOP senators shifted their approach after a morning speech by Sen. Vic Miller, a Topeka Democrat, where he listed off every day this year that the Senate didn’t hold debate.

“So when I hear criticism from leaders of the Senate criticizing other leaders of our state for their job performance, I get a little irritated,” Miller said. “If there was ever the pot calling the kettle black, that is such a situation.”

Senate Majority Leader Jim Denning, an Overland Park Republican, then announced that he was “out of patience” and would be moving to cut off debate on every bill for the rest of the day.

Republicans have been clamoring for weeks to restrain the governor, first condemning an April order that limited in-person religious services. More recently, they have faulted the pace of Kelly’s reopening plan, calling it a one-size-fits-all approach.

Senate GOP leaders outlined a proposal on Wednesday that would give counties the power to set coronavirus rules that are looser than the statewide standards imposed by Kelly. Still, 24 hours later the text of the bill remained unavailable.

The proposal could be altered significantly during the conference committee, however. And even after an agreement is reached, it can take hours for attorneys to draft formal language, delaying final votes until late Thursday and effectively giving lawmakers just one shot at passing a bill.

Several dozen demonstrators gathered at noon to urge lawmakers to restrain the governor. Rep. Leo Delperdang, a Wichita Republican, thanked the crowd for “not wearing the damn face masks” to cheers and applause.

“We’re at war, people, with the virus and that is the time we need the constitution the most,” Delperdang said.

This story was originally published May 21, 2020 at 3:23 PM with the headline "Racing clock, Kansas Republicans bypass Senate debate to limit Kelly’s emergency powers."