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Minutes for HB2416 - Committee on Judiciary
Short Title
Modifying the procedure for declaring and extending a state of disaster emergency, limiting powers granted to the governor during a state of disaster emergency, authorizing the legislative coordinating council and the legislature to take certain action related to a state of disaster emergency and prohibiting the governor or the state board of education from closing private schools during a state of disaster emergency.
Minutes Content for Thu, Feb 25, 2021
Chairperson Patton continued the hearing on HB2416.
Representative Carmichael said that Legislative Research had provided the information he had asked for at yesterday's meeting. (Attachment 1) (Attachment 2) (Attachment 3) (Attachment 4) This information was shared the Judiciary Committee Membership.
Ryan Kriegshauser provided proponent testimony for HB2416. (Attachment 5) Mr. Kriegshauser explained he was here as legal counsel for the Kansas Chamber of Commerce. Mr. Kriegshauser further explained he has had litigator experience over the past year giving him some subject-matter expertise on the Kansas Emergency Management Act (KEMA). Mr. Kriegshauser stated he was here to offer recommendations on KEMA but any advocacy on this bill is on behalf of the Kansas Chamber. Mr. Kriegshauser stated he appreciated the opportunity to continue offering testimony on what has been learned and experienced over the last few months in response to the COVID pandemic.
Written Proponent
Derek Schmidt, Kansas Attorney General, Office of the Attorney General (Attachment 6)
Neutral
Will Lawrence provided neutral testimony for HB2416. (Attachment 7) Mr. Lawrence stated KEMA is not simply a delegation of legislative power -- it is a blending of both legislative and executive emergency power. The Kansas Constitution vests "supreme executive power" in the governor. Kansas Constitution Art. I, 3. The Kansas Supreme Court has held that his vesting of "supreme executive power" is an affirmative grant of executive authority to the governor. It does not rely on other legislative action to empower the governor with any executive authority. The vesting of supreme executive power, couple with the governor's constitutional power as commander-in-chief of the militia, forms the basis of the governor's inherent authority to deal with emergencies.
Ed Klumpp provided neutral testimony for HB2416. (Attachment 8) Mr. Klumpp stated the organizations he represents are neutral to provisions contained in HB2416 as proposed because they are processes that do not directly affect them. However, they have two amendments he would like to propose that are very important to law enforcement and their abilities to respond to emergencies under emergency declarations. Mr. Klumpp discussed the amendments that would fix some unintentional consequences of KEMA.
Written Neutral
- Cameron Sholty, Director of Government Relations, The Heartland Institute (Attachment 9)
- Mike O'Neil, on behalf of Kansas Policy Institute & Kansas Justice Institute (Attachment 10)
Chairperson Patton closed the hearing on HB2416.
