The Kansas Senate adjourned this week at the midpoint of the legislative session without acting on a resolution extending the governor’s emergency declaration essential for the state’s preparation for the World Cup this summer.
The House approved the declaration 121-2 on Tuesday. The state-of-disaster emergency declaration for Douglas, Johnson and Wyandotte counties would have extended through July 30.
The legislation was sent to the Senate, which on Wednesday passed over the bill on the calendar and didn’t return to it before adjourning until next Tuesday after the break. The declaration expires Tuesday.
“It became clear the votes were not there to pass the emergency declaration,” said Senate Majority Leader Chase Blasi.
“Senate Republicans worry about the wide scope of the governor’s authority and are unsure if current law provides for a declaration for a situation like the World Cup,” Blasi said.
“There are also a lot of unknowns about why this declaration is needed. The Senate has a lot of unanswered questions,” he said in a text message.
Officials said the declaration is legally necessary to ensure the state can prepare, coordinate and respond effectively to an emergency if necessary.
The declaration sets in place the legal structure to coordinate local, state and federal resources for preparing emergency management activities needed to ensure the public safety of Kansans and visitors coming to the Kansas City area for the World Cup.
The declaration allows the state to seek assistance from other states if necessary.
Gov. Laura Kelly’s administration said existing state law provides significant legislative guardrails to ensure balanced governing during emergency proclamations.
“This is a technical step to support infrastructure and security needs, as well as local communities during this exciting and extensive event,” Kelly’s spokesperson, Grace Hoge, said in a statement.
Nevertheless, there appears to be some angst among Republicans about extending the emergency declaration, which was issued Feb. 9 and expires Feb. 24.
Some Republicans are fearful of giving the governor the type of authority she exercised during the pandemic when she tried to control the spread of COVID-19.
It led to the Legislature rewriting the state’s emergency management laws at the time.
“Even after we clamped down on some of that, it still gives the governor broad, sweeping powers,” said Republican state Sen. Mike Thompson of Shawnee.
“I think a lot of people are very concerned about that,” he said.
“There was enough that I think the majority leader felt like it wasn’t going to pass anyhow,” Thompson said.
Dinah Sykes, the top Democrat in the Senate, has heard similar rumblings.
“Republicans think that the governor is going to use a lot of power under this, which is not true,” said Dinah Sykes, the top Democrat in the Senate.
“They’re skeptical and they think it’s going to go back to like pre-COVID,” Syke said.
Sykes added that the Legislature took steps during the pandemic to limit the executive branch’s powers during an emergency.
A representative for KC2026, the nonprofit organizing the World Cup in Kansas City, declined to comment Thursday.
State law gives the governor the power to call a 15-day state of disaster emergency and gives the Legislature the power to extend it for multiple periods of 30 days at a time.
The power to extend the emergency rests with the Legislative Coordinating Council if the Legislature is not in session. The House was in session Thursday, and the Senate is not expected to return to Topeka until Tuesday.
Meanwhile on Thursday, the governor sent a letter to members of the LCC asking for an extension of the declaration from Feb. 25 through March 26.
The governor said the extension is necessary to allow the Kansas Division of Emergency Management to continue the actions needed for statewide readiness ahead of the international soccer tournament scheduled to start June 16.
Under the declaration, the emergency management department is authorized to activate the State Emergency Operations Center at a level required for a major international event.
It allows the state to coordinate with federal agencies, including the Department of Homeland Security, the Federal Emergency Management Agency and the FBI.
It also clears the way for the state to “pre-position” state resources to ensure rapid response capability.
The declaration also enables the Kansas National Guard to prepare for and support security, transportation and missions that cannot be performed under normal training authorities.
“Without an extension, these authorities will lapse,” Kelly said in the letter.
“This would significantly limit Kansas’s ability to coordinate with local jurisdictions, federal agencies, Missouri, and other states as necessary during a high-visibility event that requires unified planning and operational readiness.”
House Speaker Dan Hawkins chairs the LCC. His staff would not comment about the governor’s request late Thursday afternoon.
Kelly said that although no matches will occur in Kansas, “our state will host international teams, training sites, and large-scale fan events, and will absorb a significant portion of the regional visitor impact
“The Kansas City metropolitan area is expected to experience unprecedented visitor volume, and Kansas communities will face substantial demands on public safety agencies, emergency medical services, transportation networks, and critical infrastructure.”
She said these conditions meet the statutory definition of a “disaster” in state law, which includes events that create extraordinary strain on public safety and essential systems.
Thompson said he didn’t think the World Cup qualified as a “disaster,” adding that he believes estimates of visitors coming to Kansas City for the event are “exaggerated.”
“If we needed to respond, we could respond very quickly,” he said. “Wait until there is a disaster to declare a disaster.
“I really question what the need is to have a disaster declaration that goes from now through the World Cup,” he said. “I just don’t understand why.
“To me, it’s just an overstep by the governor.”
