May 23, 2020 11:00 AM

Kan. lawmakers say governor overreacted to COVID-19

Posted May 23, 2020 11:00 AM
State Sen. John Skubal, an Overland Park Republican, waits out a long night in Topeka.-photo by Jim McLean -Kansas News Service
State Sen. John Skubal, an Overland Park Republican, waits out a long night in Topeka.-photo by Jim McLean -Kansas News Service

By Stephen Koranda, Kansas News Service

The Kansas Legislature worked for about 24 hours on a GOP-backed bill that pulls some emergency powers away from Democratic Gov. Laura Kelly. She has the ability to veto it, though has not said she'd do that directly.

TOPEKA, Kansas — In a one-day marathon session that wrapped up a legislative year upended by the coronavirus, Kansas lawmakers reined in the governor’s powers to respond to the public health crisis.

Democratic Gov. Laura Kelly sharply criticized the all-night rush that drafted the bill, but she stopped short of threatening a veto.

A wide-ranging bill that passed after sunrise Friday lets the governor’s emergency declaration — notably, the power to shut down businesses — extend through the end of May. After that, she’d need a panel of lawmakers to have it go longer.

And businesses that broke with the governor’s orders would face just civil penalties, rather than the misdemeanor criminal charges they'd currently face.

The Republican-controlled Legislature also passed protections for businesses against some lawsuits related to the COVID-19 outbreak.

Meanwhile, efforts to expand Medicaid to cover the health care bills of another 130,000 or so people in the state evaporated for another year.

Lawmakers also didn’t adjust state spending to account for a dramatic drop in tax revenue — yet another effect of the economic shutdown triggered by the pandemic. A special session could bring legislators back to Topeka to balance the books, the governor could make cuts herself or any action may wait until next year.

Fears of spreading the coronavirus cut the first part of the session short. And ongoing concerns about infections resulted in a single, particularly contentious day that made clear the pandemic hasn't pushed aside partisan rivalries.

“It is our job to oversee this governor, to oversee her emergency orders,” Republican Senate President Susan Wagle said. “It is our job to open up Kansas safely.”

After some extended comments from a Democrat, the Senate’s Republican majority leader said he would use a procedural move to end debate and move bills forward as quickly as possible.

“I’m basically out of patience,” Sen. Jim Denning said.

The top Democrat in the Senate said the high-speed process, which ended in a vote Friday morning, meant lawmakers couldn’t have a full debate and offer amendments.

“We ought to close the blinds and turn out the lights because this is a dark day for democracy,” Sen. Anthony Hensley said.

And House Democratic Leader Tom Sawyer called the day "simply bad governing."

“This is no time for fulfilling political agendas,” Sawyer said.

Republicans argued they had little choice but to hurry bills through.

“This is the first time we’ve had a pandemic and had mere hours to come up with a solution,” Republican Rep. Fred Patton said.

Protesters rallied outside the Capitol to press Kelly and lawmakers to more quickly and fully open up the state’s economy. Their chants came as conservatives inside the Statehouse continued to criticize Kelly for what they see as a too-sluggish phasing out of her stay-at-home orders. Meanwhile, coronavirus clusters persist in southwest Kansas, where workers at meatpacking plants are in close quarters.

Lawmakers took precautions in the Statehouse, with some in the House and Senate wearing masks. The House allowed members to stay in their offices and return to the chamber for votes.

The governor’s powers

Kelly has clashed with some Republicans for weeks over her actions to control the coronavirus. Some lawmakers grew increasingly frustrated that many businesses were closed and that some have not yet been allowed to reopen. And they were upset that she put limits on the number of people who could gather for religious services just before Easter.

Lawmakers moved to put some limits and oversight on her authority. They voted to extend her disaster declaration through the end of May, but a panel of legislative leaders and the governor would need to approve any further extensions.

“Her emergency declarations apply to all of Kansas and there are counties that still have had no cases,” Wagle said.

Attorney General Derek Schmidt said just hours before lawmakers returned that Kelly may not have had the authority to issue a second emergency declaration after the first one expired.

Jim McLeanState Rep. Richard Prohel, a Republican from Parsons, listens to lobbyist John Federico.

Kelly’s office issued a statement early Friday morning, saying she was open to a discussion about changing the state’s emergency law. But it criticized the hasty effort to approve changes.

“Governor Kelly welcomes an honest conversation about the Kansas Emergency Management Act,” the statement said. “Unfortunately, this is not an honest conversation.”

COVID-19 details

Kelly has a few things to consider in a larger coronavirus response bill that the Legislature passed, too.

Legislative leaders would have oversight of the $1.25 billion in federal coronavirus aid for Kansas.

Health care providers would be protected from lawsuits over things like procedures that were delayed because of the pandemic.

And businesses would also have some protections against lawsuits over coronavirus infections unless they took reckless action. The bill also bars some product liability lawsuits.

The provisions were scaled back somewhat from what business groups initially requested.

Medicaid expansion falters ... again

The year started with high hopes from Medicaid expansion supporters. A bipartisan compromise forged by the governor and a top Senate Republican would have provided health coverage for more than 100,000 low-income Kansans.

But Republican leaders blocked Medicaid expansion after tying it to a constitutional amendment on abortion. That frustrated expansion supporters, who threatened to block the budget.

Democrats made a last-ditch effort in the Senate on Thursday to offer Medicaid expansion as an amendment. But that was shut down on procedural grounds.

“We have been bridled and throttled this entire year when the votes exist from this chamber to pass Medicaid expansion,” Democratic Sen. Barbara Bollier said. (She, like Wagle, is running for the U.S. Senate.) “We have the votes.”

Abortion constitutional amendment

A constitutional amendment saying there’s no right to abortion in the Kansas Constitution suffered the same fate as the Medicaid expansion plan it was tied to.

The amendment came in response to a state Supreme Court decision that found a right to abortion in the Kansas Constitution. Conservatives want to undo that with the amendment. They fear the court’s decision could pave the way for knocking down abortion restrictions already in state law.

Critics of the amendment say it could open the door to fully banning abortion in Kansas.

Jim McLeanState Rep. Kristey Williams, a Republican from Augusta, surrounded by colleagues.

Property tax provisions

Lawmakers voted to give taxpayers more information about their property tax rates. Cities and counties would have to send notices to residents when property tax collections will go up, starting next year. It also requires local governments to hold public hearings on tax rates.

Republican Sen. Caryn Tyson said it gives property taxpayers a better chance to weigh in on increases.

“The bill is about transparency,” she said. “It’s about local control, and it’s about taxpayers having a voice.”

The bill repeals a 2015 cap on property tax increases by local governments.

In response to the economic challenges caused by coronavirus, the plan also gives people three additional months to pay their May property taxes without penalty.

Stephen Koranda is the Statehouse reporter for Kansas Public Radio and the Kansas News Service. You can follow him on Twitter @kprkoranda.

Continue Reading Great Bend Post
May 23, 2020 11:00 AM
Detective, nurse, confidant: Virus tracers play many roles
Kansas Department of Health Secretary Dr. Lee Norman discussed the importance of contact tracers during the governor's press conference last week.

SALT LAKE CITY (AP) — Health investigator Mackenzie Bray smiles and chuckles as she chats by phone with a retired Utah man who just tested positive for the coronavirus.

She’s trying to keep the mood light because she needs to find out where he’s been and who he’s been around for the past seven days. She gently peppers him with questions, including where he and his wife stopped to buy flowers on a visit to a cemetery. She encourages him to go through his bank statement to see if it reminds him of any store visits he made.

Midway through the conversation, a possible break: His wife lets slip that they had family over for Mother’s Day, including a grandchild who couldn’t stop slobbering.

“Was there like a shared food platter or something like that?” Bray asks. “There was, OK, yep ... sharing food or sharing drinks, even just being on the same table, it can spread that way.’”

Suddenly, with a shared punch bowl, the web has widened, and Bray has dozens more people to track down.

She is among an army of health professionals around the world filling one of the most important roles in the effort to guard against a resurgence of the coronavirus. The practice of so-called contact tracing requires a hybrid job of interrogator, therapist and nurse as they try coax nervous people to be honest.

The goal: To create a road map of everywhere infected people have been and who they’ve been around.

While other countries have devised national approaches, a patchwork of efforts has emerged in the U.S. where states are left to create their own program.

Bray normally does this type of work to track contacts for people with sexually transmitted diseases. She is now one of 130 people at the Salt Lake County health department assigned to track coronavirus cases in the Salt Lake City area. The investigators, many of them nurses, each juggle 30 to 40 cases, and try to reach everyone the original person was within 6 feet  of for 10 minutes or more. They stay in touch with some people throughout the 14-day incubation period, and calls can take 30 minutes or more as they meticulously go through a list of questions.

Some estimate as many as 300,000 contact tracers would be needed in the U.S. to adequately curtail the spread. While some states like Utah have reported having enough contact tracers, others are hundreds or even thousands of people short.

The contact tracers often find themselves in a tangled web of half-truths and facts that don’t match up. Language and cultural barriers arise that require interpreters and taxing conversations that leave the investigators wondering if the person understands what they’re trying to do.

They land on occasion into complicated family dynamics where people are reluctant to tell the truth.

Health investigator Maria DiCaro found out days into a case that a father was sleeping in his car because he and his wife were separating. The man had stopped returning DiCaro’s calls, and that key information came from his child.

“I get people that lie all time,” DiCaro said. “I try to get as much information from the beginning but it’s just not always the case. And time is one of those things you can’t take back when you are trying to prevent and you know do these contact tracing investigations.”

Each call is an exercise in good cop, bad cop. She needs people to cooperate, but no one is legally required to answer the questions. Usually kindness works better than strong words.

Some people lie because they’re scared, or they forget an outing. Construction workers, housekeepers and others without paid sick time may gloss over symptoms so they can get back to work. Some immigrants without documentation brush off testing because they fear it could lead to deportation.

“People sometimes think contact tracing is black and white but there is a lot of gray that goes into it,” said Bray, who often thinks about her parents and 97-year-old grandmother as she works to help stop the spread of the virus. “Our worst fear is that we push too hard and we lose someone. It’s not just their health on the line, it’s the people around them.”

No matter the tension, Bray and DiCaro give frequent reminders of why it all matters: “Thank you for what you’re doing. You’re helping the community,” DiCaro says during one call.

She knows that on the other end of the line, the first call from a tracer can be jarring. Sometimes, DiCaro and Bray have to break the news that someone was exposed or tested positive.

“It’s normal to talk to like your doctor, but you don’t ever expect the health department to call you and be like, ‘You were exposed to a serious disease,’” said Anissa Archuleta.

The 23-year-old got a call from DiCaro after she, her sister and her mother took a rare break from hunkering down to help organize a drive-by birthday party for a young cousin. They dropped off a present, then caved and accepted an impromptu invitation to go inside to grab some food.

What they didn’t know: the father of the birthday boy had the coronavirus, and unknowingly exposed more than a dozen people at the gathering.

After that first call, DiCaro checked in every day for two weeks. The fear slowly faded after their tests came back negative and they began building a rapport with DiCaro. She asked about their symptoms and how they were feeling each day and learned about how Archuleta’s mother lost her voice to fibromyalgia. Archuleta would pass along messages her mother whispered in her ear.

And after a while, Archuleta began asking DiCaro about her life and how she was holding up.

About a week in to their calls, on the daily check-in, Archuleta thanked DiCaro for caring about them and checking in every day. Tears welled up in DiCaro’s eyes.

“Ah thanks,” she said as she grabbed a Kleenex to wipe her eyes.

After she hung up, she leaned back in her chair and closed her eyes for a few seconds.

“When you do this like 10-12 hours a day ... It’s nice to get those positive reactions from people that are very grateful who do see the purpose of what we are doing,” said DiCaro. “It’s nice to be appreciated.”