Kansas Gov. Kelly’s pandemic powers may be on the agenda when Legislature returns

Kansas Republicans, furious with the pace of Gov. Laura Kelly’s plan to gradually lift coronavirus restrictions, could limit her authority when the Legislature reconvenes for a single day on May 21.

But GOP lawmakers remain divided over how, exactly, they want to curb the Democratic chief executive’s powers.

What actions – if any – the Legislature takes will shape how fast Kansas businesses resume operations and lives return to normal as COVID-19 continues to sweep through the state, infecting hundreds and killing a handful of people each day.

The Legislature has the power to terminate the disaster declaration that is empowering Kelly to implement her phased-in reopening over the next several weeks. Lawmakers could also attempt to change the state’s emergency management law to impose more checks and balances, but Republicans are split over whether that’s possible in such a short period.

The Legislative Coordinating Council, a panel of top Republicans and Democrats, voted Wednesday to recall the Legislature to Topeka on May 21 only, setting up a quick but contentious debate over executive power and the state’s coronavirus response.

The single working day effectively extinguishes hopes of resolving a standoff over Medicaid expansion and an anti-abortion amendment to the state constitution that had dominated the Legislature before the pandemic struck.

Still, the conclusion of session on May 21 could be contentious. A dispute Wednesday over how long the session should last foreshadowed the fight ahead.

Senate President Susan Wagle and Senate Majority Jim Denning called for a three-day session to begin on May 19, but were defeated by Democrats and House Republicans, who advocated for a single day.

“I’ve had numerous concerns expressed to me from legislators and Kansans about some of the executive order has been issuing are in conflict with our statutes,” said Wagle, who is running for U.S. Senate and has said most businesses should be allowed to open immediately at 50 percent capacity.

Denning noted the Missouri General Assembly had resumed its work and he said Kansas lawmakers have “a ton” of unfinished business. He said the Legislature needs to impose oversight over the more than $1.2 billion in federal pandemic aid flowing into the state. But Senate Minority Leader Anthony Hensley, a Topeka Democrat, said Kelly will announce a panel to provide oversight of the funds.

House Speaker Pro Tem Blaine Finch, an Ottawa Republican, said lawmakers have already fulfilled their constitutional obligation to pass a budget. A severe shortfall of $625 million next fiscal year has been projected, however, because of plummeting tax revenues.

He cautioned against wading into state’s emergency management law, whether lawmakers meet for one day or three. It’s important “not to rush” the process, he said, adding that lawmakers should study the issue ahead of the next legislative session in January.

House Minority Leader Tom Sawyer, a Wichita Democrat, said it’s too early to bring the Legislature, which includes 165 lawmakers and dozens of staff, back to the Capitol.

“People come from all over the state, all kinds of people, and it’s just not safe to do that yet,” Sawyer said.

Tension between Kelly and Republicans has been a consistent theme of the pandemic. Lawmakers initially tried to give their leaders power to revoke her executive orders but backed off after the Kansas Supreme Court suggested that approach was on legal thin ice.

In the biggest showdown, GOP leaders condemned an order by Kelly limiting in-person church services to 10 people. A federal judge blocked the order before Kelly lifted it, but the relationship between the governor and Republican lawmakers hasn’t fully recovered.

Ahead of the Legislative Coordinating Council’s vote, Kelly said she would respect whatever lawmakers decided.

“I miss them so much. Of course I want them to come back,” she wryly told a reporter.

Kelly’s reopening plan, which kicked off on Monday, includes several phases, with additional restrictions lifted in each phase as the state meets metrics related to declining hospitalization and death rates.

Her power to enforce the plan depends on a disaster declaration she issued April 30 remaining in effect. She signed the declaration after a previous directive expired May 1.

State law allows the declaration to remain in place for 15 days – May 14 in this case. The State Finance Council, a body comprised of top lawmakers and chaired by Kelly, may grant a one-time extension of up to 30 days.

The extension would allow Kelly to retain her powers until June 13. That’s two days before the end of Kelly’s reopening plan, assuming the best-case scenario.

The Legislature can further extend the declaration, however. It can also vote to terminate it at any time, with Kelly unable to veto the decision.

But House Speaker Ron Ryckman, an Olathe Republican, questioned whether the emergency declaration is even valid.

“It is not clear that she can declare a second emergency for the same emergency,” Ryckman said. “So we are in uncharted waters, one that has not been addressed by a statute.”

This story was originally published May 6, 2020 at 4:40 PM.