Kansas Gov. Kelly blasts lawmakers over ‘dangerous’ bills passed in marathon session

Gov. Laura Kelly blasted Kansas lawmakers Friday for a series of bills passed in a marathon legislative session that she said sought to “seize control” of the state’s emergency response to the coronavirus pandemic.

She called the Legislature’s behavior — which included a lawmaker throwing a paper airplane while a bill was being debated — “the most embarrassing, irresponsible display of governing that we have witnessed” during the COVID-19 public health crisis.

“What happened in the Kansas Legislature yesterday was simply indefensible from start to finish,” Kelly said Friday afternoon. “And there’s no way for me to sugarcoat that.”

Republicans insisted throughout the day Thursday that bills had to be passed by midnight or they would become susceptible to legal challenges. By Thursday night, it became clear lawmakers wouldn’t make that deadline and would instead rely on hope that their actions would stand up in court.

In an effort to pick up the pace, Senate Republicans earlier in the day drastically limited debate on bills and forced votes before amendments could be offered.

But the session continued through the night ending at 8 a.m. Friday and flouting the midnight rule that was established to protect lawmakers from driving home after severe sleep deprivation. The rule was put in place after Rep. Bob Bethell died in a 2012 car crash after the Legislature had adjourned for the year, following two consecutive marathon negotiation days.

Kelly questioned the legitimacy of the bills passed after midnight, saying there are “serious constitutional and legal questions” that have not yet been answered.

“Despite warnings of looming legal battles for the state, they proceeded to work well past midnight, passing seven pieces of legislation before finally adjourning at 8 a.m.,” Kelly said.

“Whatever questions may exist about the work the Legislature did, one thing is clear. They had a deadline, and they didn’t meet it,” Kelly said.

Kelly’s comments at a Friday afternoon coronavirus news conference were her first public statement since a legislative session that lasted nearly 24 hours from Thursday morning and to after sunrise Friday, with most action taken after midnight.

“In the weeks leading up to (the marathon session), lobbyists and a small number of Republican legislative leaders crafted a series of self-serving and, frankly, dangerous pieces of legislation behind closed doors and in the offices of special interest groups,” Kelly said.

The Kansas Legislature approved seven bills with limited debate and voted on legislation that had not yet gone through the typical vetting processes, including a sweeping bill that assumes control over Kelly’s pandemic response and hands counties the power to set rules that are less restrictive than statewide standards.

Kelly’s emergency powers are allowing her to reopen Kansas gradually in phases. The number of COVID-19 cases jumped by 419 people Friday as the state moves into Phase 2 of her plan. Retail stores, restaurants, theaters and museums can resume operations. But bars, night clubs, swimming pools and large venues remain closed. Mass gatherings of more than 15 are prohibited.

The bill that passed Friday would allow the governor’s emergency powers to continue through May 31. After that, the State Finance Council, a panel of legislative leaders chaired by Kelly, could approve extensions of up to 30 days. Kelly would have to return to the council at least once a month to retain her authority.

The governor would have the power to close businesses for up to 15 days, a period slightly longer than the two-week incubation period for COVID-19. Any extension would require the State Finance Council’s approval.

Additionally, county commissioners could implement rules that are less strict than Kelly’s statewide standards. Currently, counties are only allowed to have more stringent requirements.

The bill eliminates criminal prosecutions for violations of executive orders. County prosecutors and law enforcement have already declined to press for criminal charges. Prosecutors could instead seek civil penalties for violations, including fines of up to $2,500.

Under legislation passed Friday morning, the Republican-controlled Legislature also would gain the power to block decisions by the Democratic governor on how to spend the $1.2 billion in federal coronavirus relief.

Passage of the bill leaves Kelly with a couple of options.

She can allow the bill to become law and have her emergency powers extended subject to legislative control. Counties would be free to set their own restrictions, effectively undercutting her ability to regulate the state’s reopening.

Or she can veto the measure and issue a new emergency declaration to replace the current directive that expires May 26. That approach would likely trigger a court fight over the limits of her executive authority.

If Kelly vetoes the bill, the state’s current disaster declaration authorizing the governor’s emergency powers will expire May 26. At that point, she could issue another one, but it could be contested after Attorney General Derek Schmidt strongly suggested that another declaration would be illegal.

Kelly has suggested that Schmidt’s opinion was more a political opinion than a legal one.

“The Attorney General’s opinion, while valuable, it is just that — an opinion,” Kelly said Friday. “The courts are the ones who make the rulings on whether something is constitutional or not.”

Kelly said Friday that despite the slap-dash fashion the bills were passed, she will take the time to thoroughly examine the language of each bill that comes across her desk before deciding whether to sign them.

“My team and I will carefully consider the pros and cons of each proposal,” she said. “And I pledge to Kansans, and to the Kansas Legislature, that I will make a determination about each proposal on its merits, not on the political motivations that guided it to my desk.”

Dion Lefler and Jonathan Shorman of The Wichita Eagle contributed.

This story was originally published May 22, 2020 at 4:33 PM with the headline "Kansas Gov. Kelly blasts lawmakers over ‘dangerous’ bills passed in marathon session."