A bill has emerged in the Kansas Senate that could be an alternative to a disaster declaration that Gov. Laura Kelly’s administration says is legally necessary to ensure the state can prepare and respond effectively to an emergency at World Cup events.
The bill would allow for the governor to issue a proclamation for an “extraordinary event” that would draw a significant number of visitors to the state and burden the ability of local and law enforcement agencies to provide public safety, transportation and security.
The declaration would be valid for up to 15 days and may be extended by the Legislative Coordinating Council for not more than 150 days.
The LCC could terminate the declaration at any time during the 150 days.
The bill is bubbling up after the Senate refused to act on the governor’s emergency declaration for the World Cup that she issued Feb. 9.
The House approved the declaration Feb. 17, and the Senate didn’t act on the measure because there weren’t enough votes. The declaration expired Feb. 24.
There was some angst among Senate Republicans about extending the emergency declaration through this summer.
Some Republicans were fearful about giving the governor the type of authority she exercised during the pandemic when she tried to control the spread of COVID-19.
They also have questioned whether the declaration is needed and why it would have to last so long through this summer’s soccer tournament.
Republican state Sen. Kenny Titus of Wamego said the bill is a narrower approach to large, preplanned events than the governor’s emergency declaration.
He said the bill limits the governor’s power only to the specific security needs for an event such as the World Cup, which will hold part of its international tournament in Kansas City.
The bill does not allow the governor to waive any rules and regulations.
“Her declaration is broad like any declaration,” Titus said. “We can’t limit those declarations because she’s the one who writes them when they come out. We just ratify them.”
Titus said the reasons the governor cites for declaring disaster don’t meet the definition of “disaster” in the emergency management statutes.
“I don’t think the original declaration is even valid under the act,” he said.
“We need something targeted for these large, preplanned events,” he said.
“We all agree that we want the World Cup to be safe, and we want the appropriate resources but need a more specific mechanism to provide that,” he said.
The prospect of introducing legislation at this point in the session leaves little room for error since the Legislature’s regular session ends March 27.
The governor’s office said it’s reviewing the bill.
About 650,000 people are expected to visit the Kansas City area for the World Cup this summer, including many who are anticipated to stay on the Kansas side of the state line.
Further, there are four teams setting up base camps – their “home away from home” for training and hotel accommodations – in the Kansas City area.
Algeria is forming a base camp at Rock Chalk Park at the University of Kansas in Lawrence.
Two other teams – England and Argentina – are setting up base camps in Kansas City, Missouri. The Netherlands will have a base camp in Riverside, Missouri.
The Kelly administration has told lawmakers that Kansas is not declaring a disaster because the World Cup is a crisis.
They said Kansas is declaring a disaster because state law requires it to unlock the same standard emergency management authorities other states already have.
In the proclamation declaring the disaster, the governor said Kansas City, Missouri, will host six World Cup matches, including one quarterfinal.
“The event is expected to generate approximately 2.1 million visitor-days along with numerous FanFest celebrations and watch parties,” the proclamation said.
“As a result, local resources may be significantly strained, particularly regarding public safety, security, transportation, and other essential infrastructure.
“The State Emergency Operations Center will need to be activated to provide situational awareness for elected officials, facilitate communication with federal agencies and other states, and coordinate resource support for affected communities.
Last week, Lt. Col. Keith Marshall of the Adjutant General’s Department circulated a six-page explainer about the disaster resolution in an effort to help it gain support.
Marshall said legal counsel, the Department of Emergency Management and National Guard leadership agree that the resolution is “the only vehicle under state law that will allow our agency to posture, prepare for, and respond to the challenges associated with this event.
“It’s difficult to overstate the security threat the World Cup presents, and we want to start early and be as prepared as possible for that — hence the request for this disaster declaration,” Marshall wrote.
“That is the only current mechanism in state law that allows us to function at the necessary posture and access the necessary federal, state and local resources leading up to and during the World Cup,” he wrote.
Among many other things, the explainer says the declaration does not give the governor unfettered power.
“A state of disaster emergency…does not grant the governor unchecked authority,” the informational sheet says.
“Kansas law contains significant, immediate, and enforceable legislative guardrails that ensure balanced governance throughout the duration of a declaration.
“These protections were strengthened after the COVID-19 pandemic and now provide the Legislature with some of the strongest oversight mechanisms in the country.”
The informational sheet also notes that any executive orders that might be issued under a declaration are subject to mandatory legislative review.
The chair of the Legislative Coordinating Council — in this case House Speaker Dan Hawkins — must call a meeting within 24 hours of any such executive order being issued.
“This ensures immediate legislative visibility and oversight of all emergency actions.”
