Nothing is ever simple, right? We all have our opinions, our backgrounds, our priorities. But imagine finding common ground with 125 of your peers for every lasting decision you make? Add another 40 senators and one governor and oh goodness -- the process gets pretty complicated. Nevertheless, legislative roadblocks are part of the process and part of that 'grand design' that makes our Nation great. This special session 2020 -- we detoured around roadblocks and found common ground.
Here's the rundown...
So, as you know, the legislature was called back into special session on June 3rd for the sole purpose of crafting a new COVID-19 response package. Over the course of two days, HB 2016 (see LINKS page under bills of interest) became the state’s COVID-19 response legislation. On June 4th, the House and Senate both overwhelmingly passed that bill with support from both parties. On a bipartisan vote, it passed 107-17 in the House and similarly in the Senate and has been sent to the governor. The bill modernizes the state’s emergency disaster laws and places commonsense checks and balances. It aims to protect the people of Kansas while also protecting our jobs and the Kansas economy. COVID-19 has presented many challenges for us, and HB 2016 establishes a well-built framework to help move Kansas forward.
Speaker Ron Ryckman noted that “from the get-go, lawmakers have been focused on how to protect the people of Kansas while also protecting our jobs and our economy through this national pandemic. This plan strikes that balance.” I agree -- our leadership did a great job of finding a path forward that would curtail lawsuits and uncertainty.
Here's the breakdown of the bill's highlights:
· Adds the legislature’s budget chairpersons to federal stimulus oversight—changes the legislative oversight of the $1.25 billion in federal funds from the Legislative Coordinating Council to the State Finance Council.
· Prevents the governor from closing businesses or limiting mass gatherings—through September 15, the governor shall not have the power or authority to close businesses or restrict gatherings of Kansans.
· Extends the current declaration to September 15—should the governor wish to extend the emergency declaration beyond September 15, it would require six of eight legislative members on the State Finance Council must support such a measure.
· Includes the State Board of Education in school closure decisions—Provides that the governor may not close schools without a majority vote from the State Board of Education.
· Preserves the integrity of the 2020 election—reiterates that the governor does not have the authority to change the state’s election process.
· Adds additional local control to health orders—removes red tape of having local county commissions ratify local health orders, and instead grants the commissioners the ability to review, amend, or revoke local health orders as needed. Commissioners may be less restrictive, but must have findings to justify such measures.
· Limited liability protections for nursing homes—provides restricted liability protections for nursing homes if they are required by the state to take or keep COVID-positive patients, and only if they are operating in compliance with all applicable laws and regulations as an affirmative defense.
· Enacts the COVID-19 Contact Tracing Privacy Act—prohibits governmental entities from mandating contact tracing programs and using cellphone location data to identify or track the movement of persons. This is strictly voluntary.
So, that's what we accomplished. Kansas is on solid ground. Now it's time for the House and Senate to get out in the heat and begin the election process.
May your soon-to-be summer be safe, purposeful, and full of possibilities!
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