2020 Legislative Update 10

The world seems to have changed so quickly. It is difficult to put all of the emotions into words with the coronavirus pandemic now affecting literally every aspect of our lives. We are all in this together and we must remember to be kind, be patient, be safe and help one another.

The Kansas City area will be under a Public Health Order to stay at home, except for essential needs, effective Tuesday, March 24 for 30 days in an attempt to slow the spread of COVID-19. Additional information is available at https://www.wycokck.org/Home.

The Kansas Legislature has adjourned until April 27th (the start of veto session). I will continue to update you with COVID-19 developments and community news. As developments are changing rapidly, please follow My Legislative Facebook Page for information as we all adjust to a new reality and work to keep each other safe during this public health emergency.

Please stay informed and follow the recommendations of the CDC and State and Local Health Officials. It is so important that we flatten the curve to save lives and to not overwhelm our health care systems. My thoughts and blessings to you and your loved ones during this difficult time. As our state motto says - Ad Astra Per Aspera – To the Stars Through Difficulty – and together we will overcome the hardship we face with the coronavirus pandemic facing our state, nation and world.

It is a special honor to serve as your state representative. I value and appreciate your input on issues facing state government. Please feel free to contact me with your comments and questions. My office address is Room 452-S, 300 SW 10th, Topeka, KS 66612. You can reach me at (785) 296-7430 or call the legislative hotline at 1-800-432-3924 to leave a message for me. You can also e-mail me at pam.curtis@house.ks.gov.

Coronavirus Update

At the time of this writing, Kansas has 34 confirmed positive cases of COVID-19 (and counting) as we begin to see community spread.

Governor Kelly has issued a number of executive orders to try and stifle the outbreak in Kansas, and to help Kansans who are affected by this pandemic. These measures include extending the states of local disaster emergency relating to COVID-19 (Executive Order No. 20-03), temporarily prohibiting gatherings of more than 10 people at any planned or spontaneous, private or public event (Executive Order No. 20-04), temporarily prohibiting utility and internet disconnections (Executive Order No. 20-05), and temporarily prohibiting evictions and foreclosures (Executive Order No. 20-06).

In accordance with Executive Order No. 20-04, all restaurants, bars, gyms, movie theaters, museums and stadiums are closed across the state. Restaurants and bars are allowed to remain open only if they serve drive-through, carry-out or deliver food.

On Tuesday, Governor Kelly issued another Executive Order (No. 20-07), which ordered all K-12 schools in the state to be closed for the remainder of the school year. Though the buildings themselves are closed, a task force of education experts are currently working on a plan to continue students’ education through the closure. The decisions will be made on a school-by-school basis.

The Kansas Department of Health and Environment (KDHE) has provided guidelines to reduce the spread of COVID-19, and are as follows:

Stay home if you have symptoms of COVID-19

Symptoms include a fever, cough, and/or shortness of breath.

Continue practicing preventive actions

This includes washing your hands with soap and water frequently for at least 20 seconds, cleaning frequently touched surfaces daily, covering your coughs and sneezes with a tissue, avoiding touching your face, and practicing social distancing.

Notify your employer of changes in schedule

Avoid gathering in public places

Stay in touch with others by phone or email

Stay up-to-date on the latest COVID-19 information

The Kansas Department of Health and Environment (KDHE) has a COVID-19 Resource Center with up-to-date information, and I will be making local updates on my Legislative Facebook Page. Additionally, major newspapers across Kansas, including the Kansas City Star, the Wichita Eagle and the Topeka Capital Journal, have lifted their paywalls for stories relevant to the COVID-19.

Take care of your family’s emotional health

Transportation Bill

Though the Governor issued a comprehensive transportation plan, Republicans in the legislature instead produced their own bill, and House Sub for SB 173 passed on Emergency Final Action on Monday, March 16th.

House Sub for SB 173 was sent to conference committee on Tuesday and Wednesday. In conference committee, they adopted the House Sub for SB 173 with a few modifications:

Authorizing federal funding from grants or stimulus to be used for preservation and preservation plus projects.
Requiring remaining T-Works projects to be let prior to July 1, 2023, rather than July 1, 2022, and requiring the Secretary to let to construction contract at least one phase of each remaining TWorks project (rather than each project) before any 17 - 173 new modernization or expansion project under the Program.
In provisions regarding a metric-driven process for geographic distribution of Program projects, clarifying a deadline for letting a certain proportion of projects.
In provisions regarding alternative delivery methods: removing a requirement such methods be used only when a condition of federal grants; prohibiting these methods from being used for preservation projects; authorizing these methods to be used on three projects utilizing toll revenues, one let to construction once every three years; limiting the proportion of Program dollars to be used on alternative delivery; and requiring any project utilizing alternative delivery cost at least $100 million.
Adding requirements for the annual report for information on revenue available to the SHF, committed expenditures identified by program, outstanding projects that have been let but not paid out and how those projects have been identified to achieve state highway system condition targets.
Clarifying an amount referenced in provisions regarding public transportation is to be used for public transportation.

The Conference Committee Report on SB 173 was adopted by the House 112-3. It is a good bill that garnered wide support from the legislature, as well as from the Kansas Department of Transportation.

Emergency Floor Action

Because of the threat of COVID-19, the legislature has taken a number of much-needed steps to ensure our state can continue to function at its best during this pandemic. Four bills and one concurrent resolution advanced to emergency final action this week in the House:

HCR 5025 - “Ratifying and providing the continuation of the March 12, 2020, state of disaster emergency declaration for the state of Kansas.” — Passed 116-0
H Sub SB 102 – “Allowing the Chief Justice of the Kansas Supreme Court to extend or suspend deadlines or time limitations to secure the health and safety of court users, staff and judicial officers.” — Passed 113-5
H Sub SB 173 - “Providing for the Eisenhower legacy transportation plan.” — Passed 103-16
H Sub SB 142 - “Authorizing the state board of education to grant waivers for school districts from the requirement to provide a minimum number of school hours during the school term.” — Passed 117-2
H Sub SB 27 - “Providing for a maximum of 26 weeks of unemployment insurance benefits and compensation for the pre-payment waiting period.” — Passed 119-0

When HCR 5025 was passed to the Senate, Republicans in the chamber heavily amended it to severely limit the Governor’s powers during the State of Emergency.

The House nonconcurred on the amendments, and the HCR was sent to conference committee. In conference committee, the resolution was amended to include the following:

The Governor does not have the power to temporarily, or permanently, seize ammunition or firearms.
The LCC (Legislative Coordinating Council) will meet every 30 days to grant additional extensions of such state of disaster emergency, for specified periods not to exceed 30 days each, by a majority vote of five members.
The resolution replaced prohibitions on the exercise of certain statutory powers by the Governor with LCC review procedures if such powers have been ordered or proclaimed.

The Conference Committee Report on HCR 5025 then passed the House unanimously, 115-0.

Also on Thursday, the House adopted the Conference Committee Report for HB 2168, which would set a sunset provision for the Nursing Facility Quality Care Assessment of July 1, 2030, and would amend law concerning the hospital provider assessment known as the Healthcare Access Improvement Program (HCAIP). This passed the House 91-24.

Executive Reorganization Orders

On Wednesday, Republican leadership put two of Governor Kelly’s Executive Reorganization Orders (EROs) on Special Order of Business on the floor. HR 6032 and HR 6031 are measures to disapprove of the EROs -- meaning passage of each resolution would kill the reorganizations.

HR 6032, which disapproves ERO 44 (creating the Kansas Department of Human Services), passed 82-35.

HR 6031, which disapproves ERO 46 (establishing the Kansas energy office), passed 72-46.

These EROs were unfortunately defeated at a time when they are more necessary than ever, particularly the establishment of the Department of Human Services. ERO 44 was specifically designed to improve the state's healthcare system and streamline the delivery of needed services. It was voted down amidst a global pandemic.

ERO 45 was not placed on Special Orders of Business. It will go into effect automatically, transferring certain powers, duties, and functions to the division of the state employee health benefits plan within the Department of Administration.

Budget

The constitutional requirement of the Kansas legislature each session is to pass a budget. Normally a very lengthy and tense process, the rapid spread of COVID-19 and concern for the safety of Kansas, Legislators urged Leadership to agree to pass a basic budget, with the full Omnibus bill to be worked upon return for veto session. The Senate passed a budget late Tuesday evening, and the appointed conference committee began work that same night. Not much progress was made, however, and Wednesday the conference committee got back to work.

On Thursday, the conference committee worked out their differences, and the Conference Committee Report for SB 66 was adopted by both House and Senate chambers.

Adjournment

Though the scheduled April break was not set to begin until April 3rd, the legislature has adjourned early to reduce the risk of COVID-19 infection for staff, legislators and others that must be at the Capitol when we are in session. The legislature passed an adjournment resolution on Thursday, stating that the legislature will return for veto session on April 27th – however, the Legislative Coordinating Council (LCC) holds the authority to call members back prior to that date if necessary. The LCC also holds the authority to change the date of veto session should conditions not be safe for legislators and staff to return to the Capitol due to COVID-19. The resolution set the date for Sine Die, the official last day of the 2020 session, as May 21st.

Word of the Week

The Word of the Week was Gratitude.

Gratitude is the quality of being thankful; it’s the readiness to show appreciation for and to return kindness.

Resources

My Legislative Facebook Page

My Twitter Account

Kansas Legislature Website

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