In collective statement ahead of vote on emergency declaration, House Republican leaders say "it is essential to prevent the governor from unilaterally ordering any new lockdowns that would destroy businesses" #ksleg
Their news release includes statements from Kansas Chamber president Alan Cobb and lobbyist Dan Murray about blocking Gov. Laura Kelly from forcing businesses to close their doors, something she hasn't publicly proposed #ksleg
Ryckman/Hawkins/Finch say the governor "has chronically mismanaged the state’s response to the pandemic," pointing to problems with processing unemployment claims and the delay in requesting federal boost in unemployment benefits #ksleg
In SFC meeting, governor asserts she has no intention of shutting down business. She says there isn't "much outbreak at all" in hair salons, department stores, retail. "I don't see a need to go down that route." #ksleg
Denning says the ratio of positive tests is "artificially high," was used as excuse for order on public schools. He says "it would make everybody in the state a lot more comfortable" if language were added to declaration to prevent shuttering of business #ksleg
Gov's attorney says "this is the same declaration that's been on paper" since the special session in early June. He says there isn't a way to build into declaration a restriction on the governor's power. The extension just unlocks powers set in statute, the attorney says #ksleg
The law provides narrow set of circumstances in which governor could shut down businesses, and those steps would require work with the SFC, the attorney says #ksleg
Denning says adding the language would clarify the legislative intent, and send a positive message to businesses, "legally or not" #ksleg
Wagle: "Kansans are very concerned ... children are home, unattended ... we are absolutely dead last in getting people back to work ... they need confidence in what we're doing ... business owners are willing to work safely and put in place precautionary measures" #ksleg
Wagle says businesses want the governor to "stop the fearmongering." She says the crisis is better than it was in March, that remote learning for children isn't working #ksleg
Kelly says some of the information being presented isn't accurate or relevant #ksleg
Wagle: If you agree that you won't shut down businesses, there's no harm in adding the language #ksleg
Gov's attorney is emphasizing that law allowing for emergency already limits when/how businesses can be shut down. This vote is to extend the emergency, he says, not to rewrite state law #ksleg
Hawkins says there are a lot of attorneys who would disagree #ksleg
Hawkins: If you aren't going to shut down business, why don't you put it in writing?

Kelly: "I try not to do things just to make a political statement"

#ksleg
Waymaster asks if they can just copy and paste business guidance from state law into executive order. Gov's attorney indicates he wouldn't be opposed, even though it would have no meaning. Waymaster says it would reassure businesses #ksleg
Kelly says she will make public statement in conjunction with announcement of extension that she won't shut down businesses #ksleg
Governor makes motion to extend emergency declaration. Wagle makes substitute motion to delay vote until Monday for an in-person meeting, since there are rampant audio problems. It would also give gov time to review legal issues, Wagle says. #ksleg
Wagle: "It's not a political statement. We need to give certainty to the people of Kansas." #ksleg
Gov's chief of staff says Monday would put them too close to Sept. 15 expiration. He says "it's pretty ridiculous" they are trying to delay, that the terms of emergency were negotiated for special session #ksleg
Wagle withdraws motion for vote delay. Ryckman is making motion to add language restricting governor's power to issue orders that affect businesses #ksleg
Hawkins says the early "unnecessary lockdown" destroyed the state's economy, says he can't support an extension that could potentially allow restrictions on biz. However, he is concerned about releasing violent criminals who would be freed without emergency order #ksleg
6-3 partyline vote on Ryckman's proposal, but gov's attorney says it fails because a sub motion requires gov's approval. Ryckman disagrees with legal analysis. #ksleg
Governor asserts she can veto any amendment to her original motion. Ryckman asks for legal clarification. Governor repeatedly responds: "We're going back to the original motion" #ksleg
Wagle renews her motion to delay vote until Monday for in-person meeting and to consult with attorneys #ksleg
Hensley opposes 1:30 time because he has a doctor's appointment on Monday. McGinn asks if the meeting could be held at 10 a.m. Wagle objects. Governor says this is all moot because she will veto the motion. #ksleg
Wagle questions governor's authority, wants to consult an attorney. Governor: Let's vote. #ksleg
6-3 partyline vote to delay fails again because gov is a no. Kelly says this has absolutely nothing to do with businesses, admonishes the Rs for playing politics. "Let's not pretend this about businesses. This is just about politics." #ksleg
Kelly: "Health and safety is on the line ... there is so much at stake here ... (set aside) your dislike for me as governor and the fact that I'm a Democrat" #ksleg
Wagle now making sub motion to delay until 3 p.m. today. Kelly: "We're going to vote on the original motion" #ksleg
Denning passes, says, "Gov. Kelly, I actually like you." He says he hopes to secure delay to 3 p.m. Henley votes yes, "and I'd also like to say I like Gov. Kelly." #ksleg
McGinn also passes, says this isn't a political issue, wants to get questions answered. Ryckman passes. Hawkins passes, says he's "flat tired" of gov's anti-political narrative #ksleg
Partyline vote again: 6 pass, 3 yes. The extension of emergency declaration fails. Governor moves to adjourn. #ksleg
Rs block adjournment. Kelly says the only motion she will entertain is to reconsider the original motion. Ryckman again calls to modify the motion with new restrictions #ksleg
Kelly says Ryckman's motion is out of order. He asks why. Gov's attorney says it's out of order because it's inconsistent with state law. #ksleg
Governor agrees to recess meeting for 30 minutes to give Rs time to consult with an attorney. Meeting will resume at noon. #ksleg
SFC back in action. Governor is addressing accusation that state is worst in unemployment recovery. She says that's from a WalletHub study of the week of Aug. 17. Since start of pandemic, state is 24th overall. That's compared to last year's historically low unemployment #ksleg
Ryckman is arguing that council can amend governor's request without approval from governor. He says it happened on May 13. Governor's attorney, essentially, says "nuh uh" #ksleg
Ryckman makes a motion to "challenge the ruling of the chair" regarding the governor's authority to veto an amended motion. Governor: "Your challenge is not sustained." Ryckman: "Are we going to vote on the challenge?" Governor: "No" #ksleg
Wagle says the governor is violating rules of order and refuses to vote #ksleg
Governor's chief of staff responds by pointing to food and personal protective equipment that would go away if SFC fails to extend emergency #ksleg
Chief of staff says Rs are proposing to illegally modify document and are holding the state of Kansas hostage: "They are jeopardizing everything for the state of Kansas" #ksleg
Hawkins: "This is political on your part because right now, you have a path to get this done, and you refused. That's political. It's about as political as it gets ... it's time for the gamesmanship to end" #ksleg
Denning: I don't need another lecture, but is there anything we can do "to remove the line in the sand" by adding language about no intention to close business. "Can you come up with something? ... It's a small ask. You've already committed to it." #ksleg
Denning: "Throw the statute books out the darn window. Is there any language we can come up with? ... Can you not help us out here? ... You can I have done some really tough stuff together." He says Medicaid expansion agreement was "a hell of a lot harder." #ksleg
Governor says as he was speaking, her attorney was drafting language #ksleg
Gov's attorney proposes language along lines of saying restrictions on business will be controlled by limits within state law #ksleg
Basically, the emergency extension will note that any restrictions regarding the closing of business already in the Kansas Emergency Management Act will remain in place #ksleg
Denning wants her to say, instead, "I will not use any powers I may or may not have." #ksleg
In other news, KDHE is reporting 16 more COVID-19 deaths since Wednesday #ksleg
The proposal has moved to inserting a "whereas" clause that says the governor has no intent to close businesses. They will return after reviewing at 12:55. #ksleg
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