Gov. Laura Kelly on Tuesday signed a bill addressing federal vaccine mandates that was opposed by many members of her own party in the Legislature.
The governor gave her first public comment about the bill that will fine businesses that refuse to waive federal vaccine mandates for religious or medical reasons.
The bill also allows Kansans to collect unemployment if they’re fired for refusing to get vaccinated.
“I know there are Kansans who believe this legislation goes too far, and there are others who believe this legislation doesn’t go far enough,” Kelly said in a statement less than 24 hours after the Legislature passed the bill.
“But I was elected to lead, and leadership means seeking compromise,” Kelly said. “This bill is the result of compromise in action.”
Kelly didn’t spell out the details of the compromise, but Senate President Ty Masterson explained the deal with the governor for his caucus late Monday night.
The compromise involved a provision of the bill that requires the state Labor Department to review any unemployment claims denied since Sept. 9 to determine if they were disqualified for refusing to comply with a COVID-19 vaccination.
Lawmakers initially proposed giving the Labor Department 25 days to undertake those investigations, but agreed to 60 days at the request of the governor.
The governor made a public appearance at Cedar Crest Tuesday for the annual of the delivery of the Christmas tree. She didn’t take questions from reporters.
The governor’s decision flummoxed some members of her own party who voted against the legislation twice during a 13-hour special legislative session on Monday.
Further, the votes in the House and Senate came up short of what would have been required to override a veto.
The bill passed with 77 votes in the House and 24 votes in the Senate.
Democrats largely opposed the bill because it put businesses in the intractable position of choosing between federal and state mandates.
They argued that no state law could override a federal mandate. They also said that the bill defined religious exemption so broadly that most anyone could qualify citing a bogus belief.
There were some House Democrats who wondered why Republican leadership seemed to be aware early Monday evening that the governor already planned to sign the bill.
They also questioned how the governor could sign a bill that on Monday was being cheered from the balcony from a group opposed to vaccinations.
By Tuesday morning, Democratic lawmakers said they understood that the governor was trying to move past the issue to other items on her agenda.
Others said it was consistent with her earlier remarks that she opposed federal vaccine mandates, a position that distanced herself from the president and his flagging approval ratings going into her reelection campaign in 2022.
“Was a little shocked at first when we understood that she was going to sign it, but then I get it because we now move on,” said Democratic state Rep. Annie Kuether of Topeka, who voted against the bill.
“By signing this, I don’t think it’s a sign of weakness,” Kuether said.
“It’s a statement saying, ‘OK, I understand what you want and what you feel and here you go, and now we’ll let the courts deal with it,'” she said.
“Now, let’s move on and remove the sales tax on food and let us understand just what we’re doing with our good economy, which she has boosted,” she said.
House Minority Leader Tom Sawyer derided the legislation Monday night after it passed.
“I think it’s a bad bill,” Sawyer said in an interview.
“We can’t change federal law. We’re just adding new regulations and mandates on our businesses. It could be bad for businesses and Kansans,” he said.
Sawyer noted that the governor’s office didn’t urge lawmakers to vote any particular way on the bill. He was curious what led her to sign the legislation.
Throughout the session on Monday, Sawyer said the governor’s office had indicated that Kelly hadn’t made up her mind on the bill and that she needed to see language.
“That was kind of the message we were getting all day from her,” he said.
Democratic state Rep. Jim Gartner of Topeka voted against the bill, saying he didn’t think it was right for the constituents he represents.
“That’s when you have to say, ‘OK governor, you can go your direction, but I’m going my direction,'” he said.
“I really don’t feel like I got sandbagged,” he said. “That’s her decision whether or not she signs it into law or not.
“My decision is based upon what’s in a bill and my constituents. Do I vote for it or not,” he said. “I really don’t care what she does in particular on this issue.
“I just thought it was a bad bill,” he said.
The bill that passed Monday would set up an administrative process in which employers could be fined up to $10,000 or $50,000 depending on how many people they employ if they don’t waive federal vaccine mandates for religious or medical reasons.
If the employer reinstates a terminated employee with back pay a fine would not be levied.
The bill defined religious beliefs as “theistic and non-theistic moral and ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views.”
Critics said the definition was broad enough that it could potentially open the door to anyone who wants to cite bogus religions to avoid getting vaccinated.
The bill is very different from federal rules that give employers the ability to request additional information from a worker if there is some reason to question the veracity of their religious exemption claim.
Under the bill signed into law, employers would have to honor the claim that the mandate would violate someone’s faith without further questioning
National Republicans mocked Kelly’s signing of the law that was initiated by Republican leaders in the Legislature.
“Laura Kelly spent months sitting idle and silent as her party bosses waged war on everyday Kansans’ livelihoods and personal freedom,” said Joanna Rodriguez, spokeswoman for the Republican Governors Association.
“It wasn’t until she saw Democrats rejected in Virginia that she suddenly chose to feign disapproval of mandates. That isn’t leadership, it’s cowardice,” Rodriguez said in a statement.
“Signing the bills championed by Republican leadership is the least she could do on her way out of office,” she said.
Democratic state Sen. Tom Hawk of Manhattan was among those who voted against the bill. He wished the governor had vetoed the bill, but was understanding.
Hawk said his constituency is different from the governor’s.
“It would have been my preference to have the governor veto it,” Hawk said.
“I can’t really second guess the governor in terms of what she’s been trying to do consistently to keep Kansas citizens safe in the pandemic,” he said.
“Her job is different than mine,” he said. “I think she needs to move the state forward.
“Maybe I have the luxury as well as every other member of the Senate to speak what my district wants,” he said.
