Kansas lawmakers take heat from both sides on plans to fight federal vaccine mandates
Kansas lawmakers heard testimony Friday on their plan to combat federal COVID-19 vaccine requirements. The takeaway:
Almost no one is happy.
Legislators were sharply rebuked by both sides the day after Republican members acted in unison, for the first time in Kansas history, to call a special session on the issue.
Those opposed to mandates insisted that the proposed legislation, which would protect religious and medical exemptions and provide unemployment insurance for non-complying workers who are fired, didn’t go far enough. Business leaders warned of harm to the private sector and the Kansas Nurses Association said the plan would stymie efforts to stop the spread of COVID-19.
While lawmakers have latitude to bring up any issue during the special session, Republican leaders indicated they would focus on the two measures that were considered Friday. One bars employers from questioning the sincerity of religious beliefs held by those seeking exemptions and allows those denied dispensation an avenue to sue. The other bill ensures those fired for refusing a vaccine can earn unemployment benefits.
In recent days, the party coalesced around those measures. Republican leaders delivered the petitions for a session beginning Nov. 22, signed by every Republican in the Legislature and Democrat Aaron Coleman, to Kelly’s office Friday morning.
Kelly formally called for the speical session Friday afternoon.
The measures would cover all Kansans subject to federal vaccine requirements: healthcare workers, large employers and federal contractors as well as any employees impacted by private business decisions to require COVID-19 vaccines.
Sen. President Ty Masterson, an Andover Republican, proposed the two measures as narrow areas the Legislature could focus on while the federal requirements are challenged in court by Kansas Attorney General Derek Schmidt and other Republican attorneys general.
“I have no expectation that I’ll satisfy both sides, or either side for that matter,” Masterson said , adding that the goal of the legislation was to “thread a needle” to protect religious liberty while waiting for the courts to issue a ruling.
Business concerns
Dan Murray, a lobbyist for the National Federation of Independent Businesses, told lawmakers that small businesses could not afford higher unemployment insurance taxes or defend themselves against lawsuits if they deny religious or medical exemptions.
“This fight is not with small business owners in Kansas, this fight is against the Biden administration,” Murray said. “We cannot put the burden of the fix of this problem on the small businesses in Kansas.”
Murray, and Kansas Chamber of Commerce Lobbyist Eric Stafford said they worried that if the Biden administration rules survive legal challenges, it would put businesses in the position of having to choose between federal penalties and defending against the state lawsuits allowed in the bill.
Masterson and other lawmakers dismissed the concerns as unfounded, asserting that the state has latitude to define its own exemptions.
The Equal Employment Opportunity Commission, however, allows employers to question the sincerity of religious beliefs claimed.
Jeffery Jackson and Richard Levy, constitutional law professors at the University of Kansas and Washburn University, both told the Star that any company subject to federal mandates would be legally obligated to follow federal guidelines, not state.
Furthermore, business leaders said they were concerned the proposal on unemployment insurance would drain the state’s unemployment trust fund.
The Chamber estimated the bill providing unemployment insurance to those fired would cost the state between $606 million and $5.6 billion. The low estimate assumed 75% of unvaccinated workers would comply. The higher estimate assumed no one would be compelled to take the shot.
Donna Ginther, an economist at the University of Kansas, said the state is likely to pay between $63.7 million and $254.9 million from it’s unemployment trust fund if the bill is approved and 5% of unvaccinated workers quit because of mandates.
Rep. Sean Tarwater, a Spring Hill Republican, argued that if companies abide by the proposed state law on religious and medical exemptions then the cost impacts would never come. Under the bill, unemployment benefits would only be offered to those who are denied an exemption.
“We hopefully gave the community an out with the first bill,” Tarwater said.
Not far enough
While several Kansas residents testified in favor of the legislation, the vast majority told lawmakers they were not going far enough.
Many urged the Legislature to remove a portion of the bill requiring a doctor’s note to receive a medical exemption. They also called for strict and financial penalties on companies that deny religious exemptions. Others asked for medical exemptions to be carved out specifically for populations at lower risk of death from COVID-19 and the establishment of an exemption for conscientious objectors to the vaccine.
Lauren Shiffman, a Lenexa woman who told lawmakers she would lose her job next month because she was denied a religious exemption, said she would still face “discrimination” under the proposed law.
If she gets an exemption, Shiffman said, she would still be kept out of certain areas in the office and required to wear a mask at all times.
“With these restrictions it’s like I’m in prison and I’m punished every day just for asking for accommodation,” Shiffman said.
Lawmakers amended the proposal Tuesday to bar employers from taking punitive action against employees who are granted exemptions.
Sen. Renee Erickson, a Wichita Republican who chaired the committee, said Kansans need to remember these bills are first drafts and not all the Legislature will do.
“This by no means the last bite of the apple,” Erickson said. “This is an immediate stop gap for people who have the deadlines looming over them. So by no means is this the end of the game. We will definitely come back in regular session and address the concerns they are bringing up.”
This story was originally published November 12, 2021 at 4:54 PM with the headline "Kansas lawmakers take heat from both sides on plans to fight federal vaccine mandates."
