Kansas legislative leaders create special committee to rebuff federal COVID-19 mandates

by Tim Carpenter, Kansas Reflector

Topeka — Top House and Senate lawmakers agreed Monday to establish a special legislative committee to examine options for thwarting federal policy layered with COVID-19 government mandates tied to the pandemic that so far killed more than 6,000 residents of Kansas.

The Legislative Coordinating Council convened online for less than 10 minutes to authorize five days of meetings for members of the new Special Committee on Government Overreach and Impact on COVID-19 Mandates. The joint committee could lay the foundation for a special session of the Legislature. An alternative would be for committee members to make recommendations to the 2022 Legislature that convenes in January.

“We want to make sure that we do everything possible for the citizens of this state to make sure that these overreaching mandates can be handled lawfully. I’m excited for this group,” said House Speaker Ron Ryckman, an Olathe Republican.

Senate Vice President Rick Wilborn, R-McPherson, said the Legislature needed to do whatever was necessary to deter the federal government’s intrusion into personal liberties of Kansas.

“We need to check the federal government pretty hard and stop them. It’s just completely out of control,” he said. “We need to put a checkmark on the federal government. Let them know where we stand.”

‘What are our solutions?’

The GOP-led committee would consist of 11 members chosen by the House speaker and Senate president. They would be expected to meet during the next month or so to consider legal issues, public testimony and possible recommendations for deflecting actions of the administration of President Joe Biden.

Some conservative GOP legislators have urged Ryckman and President Ty Masterson to endorse convening of a special legislative session to rebuff the Democratic president’s approach to masks, testing, vaccination and other pandemic edicts.

House Minority Leader Tom Sawyer, D-Wichita, said the committee ought to move beyond federal executive orders related to the pandemic to consider how the state could convince more people to adhere to U.S. Centers for Disease Control and Prevention guidance on avoiding COVID-19.

He said the Legislature should be supportive of vaccinations and other preventative steps “to help people so they don’t die from this disease.”

Senate Minority Leader Dinah Sykes, a Johnson County Democrat, said the death of 6,024 people during the pandemic demanded less politics and more science. The Biden administration, she said, concentrated on a vaccination program or regular testing of personnel.

“What are our solutions?” Sykes said. “I just don’t want this committee to politicize this any more. How do we actually protect Kansans, keep our economy growing? I want solutions and not just a time that we can fight against Democrats and Republicans.”

Masterson, the Senate president from Andover, said activity to politicize the pandemic was being led by the White House.

“Bad news is I don’t think we can make it more political than the Biden administration has made it,” he said.

Masterson said the goal of the special committee was to concentrate on federal action, but panel members could weigh restraint of city, county or school officials with power to issue pandemic mandates.

The new committee of five senators and six representatives needs to sort through the possibilities before making a decision about calling all 165 members back to Topeka at an estimated cost of $65,000 per day, Masterson said.

“I understand we have some new members who are energetic,” Masterson said. “We’re anticipating lots of energy in our constituent base.”

Kansas tops 6,000 deaths

First-term Sen. Mark Steffen, a Hutchinson Republican, said last week during an anti-vaccination gathering hosted by Kansas For Health Freedom that he intended to seek signatures of two-thirds of the Legislature’s members to force a special session before January. He said he had requested a special session four times without success.

Senate Majority Leader Larry Alley, a Winfield Republican, said the Legislature’s special committee ought to consider ways of dealing with hospitals requiring thousands of employees in Kansas to receive coronavirus vaccinations. He said the state needed physicians and nurses, including those who oppose the vaccination, on the job at hospitals struggling to care for the flow of COVID-19 patients.

The special committee’s work shouldn’t inhibit the possibility of the LCC placing a ban on use of government funding to enforce federal mandates, said State Rep. Blaine Finch, a Republican from Ottawa on the Legislative Coordinating Council.

In addition, he said, legislative staff should be authorized to work with the Kansas attorney general’s office to prepare legal challenges to federal executive orders.

The Kansas Department of Health and Environment reported Monday that more than 400,000 Kansans have tested positive for COVID-19 since March 2021. More than 13,700 people have been hospitalized for COVID-19 and 6,024 people stricken with the virus have died.

Gov. Laura Kelly directed flags be lowered to half-staff throughout the state through sundown Wednesday to honor the lives lost to COVID-19 in Kansas.

“It is with great sadness that, for the sixth time since the pandemic began, I am ordering flags to half-staff to honor the lives and memories of another 1,000 Kansans who have died from COVID-19,” Kelly said. “We have the tools to stop the virus in its tracks and prevent further unnecessary deaths of our loved ones and neighbors. I urge all Kansans to get vaccinated, wear masks and follow best health practices.”

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See more at https://kansasreflector.com/2021/09/27/kansas-legislative-leaders-create-special-committee-to-rebuff-federal-covid-19-mandates/.

UG’s COVID mitigation plan for employees moves forward

A Unified Government plan that would give $400 each to employees who are vaccinated and also require COVID testing for employees who are unvaccinated moved forward in a committee meeting Monday night.

The plan would set aside $1 million in federal American Rescue Plan Act funds for vaccine rewards for UG employees. Besides the $400 each, employees could receive an additional $100 when they receive a COVID booster shot. Employees could receive the $400 even if they have already been vaccinated.

Out of 2,300 employees, the UG has 1,269 employees who have currently updated their vaccination certification, said Renee Ramirez, director of human resources for the UG. That leaves over 1,000 who are unknown.

Those employees who do not show proof of being fully vaccinated would have to undergo weekly COVID testing, under the plan. The testing would start Dec. 1, under the plan.

Ramirez said the plan would cover full-time, part-time, temporary seasonal, temporary employees placed at the UG, any contractors and any volunteers.

Refusal to take the tests, which would be self-administered saliva tests, would be cause for disciplinary actions, according to UG officials. The cost of the test was estimated at about $65 per test, and the costs are reimbursable through Dec. 31, according to the UG. The plan also contained some provisions that do not allow unvaccinated employees who test positive for COVID to have the same sort of COVID leave that is granted to other employees.

Misty Brown, the UG’s chief legal counsel, said a copy of the proposed mitigation plan and a letter of understanding were sent to the unions representing employees at the UG.

Three unions have signed and returned the letters, while some supported the incentive but opposed any mandatory testing, she said.

Commissioner Mike Kane said the incentives for getting vaccinated are good, but the mandatory testing is not. He also faulted the UG on how it is handling this issue.

“We need to negotiate this with the unions, not dictate it to them,” Commissioner Kane said.

He said the UG should have gone to the unions and talked with them about it, and together come up with a plan.

Commissioner Christian Ramirez asked where the remainder of the $1 million allocation from ARPA would go, if not all of the employees chose to get the shots.

Brown said any funds not allocated for this project would come back to the UG to allocate in another way.

Ramirez said that needed to be included in the resolution.

Alan Howze, assistant county administrator, said part of the goal is protecting safety and health of the workforce and public. They are trying to use the incentives to encourage vaccinations, and bring up the number of employees who are vaccinated, he said.

There are probably more than the 1,269 employees who have reported they are vaccinated, and they probably have not submitted their paperwork yet, he said. The more employees who get vaccinated, the safer they, their families, workers and the public will be, he said.

Vaccinations also reduce liability on the UG’s health plan, he said. As a self-insured employer, any costs of COVID treatment are borne by the entire work force, he said. There are a number of reasons to get as many people in the work force vaccinated as soon as possible, he added.

He said Johnson County has been doing testing for nonvaccinated employees on a weekly basis during the month of September, and Jackson County is moving to it at the end of the month. The federal government’s plan to test employees also is moving forward, he said.

Answering a question from Commissioner Jane Philbrook, Brown said the UG Commission could adopt the letters of understanding of the three unions, and later come back with the rest. Philbrook had suggested continuing to negotiate with the other unions on the issue. The UG also could decide to offer incentives without mandatory testing, she added, as one of the options.

Commissioner Kane said this isn’t just an issue at the UG, it is an issue across the United States.

He said he wants everyone to get the shots, but he wanted the UG to negotiate with the unions on it. He said a man quit recently after hearing that testing would be mandated.

Commissioner Ramirez said the plan needs to be separated into two parts, one for workplace safety, and the other for bargaining with the unions.

Commissioner Brian McKiernan supported moving forward with the plan, and said they could be flexible on the Nov. 30 deadline. He supports the incentives, he added.

However, he said they should not have a fractured approach to testing. Either everyone should do it or no one should do it, he said.

Commissioner Melissa Bynum, the temporary chair of the Administration and Human Services Committee, agreed it should move forward to the full commission for more discussion. The primary role has always been keeping public safety personnel and the entire work force as safe as possible, she said. Also important is serving the public and putting plans in place that allow for continuing government operations, especially during times like the pandemic.

The vote to advance the issue to the full commission passed by a 4-1 vote, with Commissioner Kane voting no. It will be on the agenda of the 7 p.m. Thursday, Sept. 30, UG Commission meeting.

Making a public comment during the meeting was Mark Millstead, who has worked for the Kansas City, Kansas, Fire Department. He mentioned adverse events on the vaccine reporting system. He asked if the UG was taking the liability for death or adverse effects of the vaccine, for those who choose to get the vaccine.

Flags at half-staff for COVID victims

Gvv. Laura Kelly directed that flags be lowered to half-staff throughout the state from Monday through sundown Wednesday, Sept. 29, to honor the more than 6,000 lives lost due to COVID-19 in Kansas, and the families they left behind.

“It is with great sadness that, for the sixth time since the pandemic began, I am ordering flags to half-staff to honor the lives and memories of another 1,000 Kansans who have died from COVID-19,” Gov. Kelly said. “We have the tools to stop the virus in its tracks and prevent further unnecessary deaths of our loved ones and neighbors. I urge all Kansans to get vaccinated, wear masks, and follow best health practices.”

Trying to tell the difference between allergies and COVID

It’s difficult to tell the difference between allergies and COVID. The topic was discussed Monday at the morning medical update at University of Kansas Health System.

According to Dr. Marissa Love, allergist at KU Health System, two things they look for is whether the patient has a fever and knowing if they have been exposed to the virus.

Dr. Love said telehealth appointments are good for patients who do not know whether they have COVID or an allergy.

Currently, the Kansas City area is in peak weed season. Itchy eyes, nose, sneezing and nasal congestion are some of the symptoms. If symptoms persist too long, the patient should get help, as it could cause a sinus infection, according to Dr. Love.

Dr. Love said it is common for some to have an adverse reaction to the COVID vaccine, such as a sore arm or a brief mild fever. It’s very rare for anyone to have a truly life-threatening allergic reaction, she said.

Dr. Love advised everyone ages 12 and older to get vaccinated, and to keep wearing masks in schools and in indoor public places.

Pfizer booster shots available in Wyandotte County

In other COVID news, the Unified Government Health Department clarified where COVID-19 Pfizer booster shots are available in Wyandotte County, and who is eligible.

According to the UG Health Department, there was some confusion about it.

Those who should receive a booster shot at least 6 months after their Pfizer primary series include:
• People 65 and older or residents in long-term care settings.
• People age 50-64 with certain underlying medical conditions.

Those who may receive a booster shot at least 6 months after their Pfizer primary series:
• People age 18-49 with underlying medical conditions, based on their individual benefits and risks, and
• People age 18-64 who are at increased risk for COVID-19 exposure and transmission because of occupational or institution setting (Health workers, teachers, grocery store workers, congregant settings, etc.) based on their individual benefits and risks.

Underlying medical conditions can include, but aren’t limited to, conditions such as cancer, chronic lung or kidney disease, dementia, diabetes, Down syndrome, heart conditions, HIV infection, liver disease, obesity, pregnancy and others.

Booster shots are available only to people who have been previously vaccinated with the Pfizer vaccine and who fall within the recommended groups. The current recommendation does not allow for providing a booster dose of Pfizer for anyone who has been previously vaccinated with Moderna or Johnson and Johnson vaccine.

Free COVID-19 vaccinations and boosters are available at the former Kmart building at 7836 State Ave. in Kansas City, Kansas, from 10 a.m. to 6 p.m. Wednesday through Friday.

Booster doses also are available at a variety of other locations throughout Wyandotte County, including many pharmacies, medical practitioners and other health care providers. To learn more about where booster doses are available, people can visit vaccines.gov.

More information is available at WycoVaccines.org or call 311.

Vaccines, tests available

COVID-19 vaccines and testing are available from 8:30 a.m. to 6 p.m. Tuesday, Sept. 28, at the Vibrant Health Cordell D. Meeks Jr. Clinic, 4313 State Ave., Kansas City, Kansas. No appointment is necessary.

The former Kmart building at 7836 State Ave., a Unified Government Health Department vaccination site, will be open for testing from 9 a.m. to 3 p.m. Monday through Friday, and for free COVID-19 vaccinations from 10 a.m. to 6 p.m. Wednesday through Friday. Walk-ins are accepted. There are incentives being offered for Wyandotte County residents, while supplies last. See WycoVaccines.org.

COVID-19 testing from WellHealth will be available from 8 a.m. to 8 p.m. Tuesday, Sept. 28, at the Kansas National Guard Armory, 100 S. 20th. Appointments are necessary. The site is open from 8 a.m. to 8 p.m. Monday through Friday, and on Saturdays and Sundays from 9 a.m. to 3 p.m. To make an appointment, including a same-day appointment, visit https://www.gogettested.com/kansas.

Mobile vaccines can be requested online at WycoVaccines.org or by calling 3-1-1 (913-573-5311). For more information on the Unified Government Health Department’s vaccine schedule, see WycoVaccines.org.

COVID-19 vaccines and tests are available at other locations in Wyandotte County, including some pharmacies. For locations and availability, visit www.vaccines.gov.

Free vaccinations at KU Health System are open to the public, and appointments are required. Current patients may use MyChart to make an appointment. Others may call 913-588-1227 or visit kansashealthsystem.com/vaccine to make an appointment to get vaccinated. KU Health System currently is vaccinating residents of Kansas and Missouri who are 12 or older, by appointment only. Those under 18 must be accompanied by a parent or guardian throughout the appointment.

Case numbers reported


The University of Kansas Health System reported 66 total COVID-19 patients on Monday, Sept. 27, a decrease of four since Friday, according to Dr. Dana Hawkinson, medical director of infection prevention and control. Twenty-nine patients with the active virus were inpatients on Monday, a decrease of three from Friday. Only four were vaccinated. Ten patients were in the intensive care unit, a decrease of one since Friday. Seven patients were on ventilators on Monday, a decrease of two from Friday. Thirty-seven other patients were still hospitalized from COVID, but were out of the acute infection phase, a decrease of one from Friday.

Wyandotte County reported a cumulative 23,892 cases on Monday, Sept. 27, an increase of 104 cases since Friday, Sept. 24, according to the Unified Government Health Department’s COVID-19 webpage. There were a cumulative total of 363 deaths on Monday, an increase of two deaths since Friday.

On Wednesday, Sept. 22, the Unified Government Health Department reported that 48.34 percent of Wyandotte County residents had received at least one dose of vaccine. Those completing their vaccinations totaled about 41.46 percent.
The percentage of Wyandotte County residents who were age 12 and older who had received at least one dose was 59.5 percent.

The Mid-America Regional Council reported 213,612 cases on Monday in Greater Kansas City, a nine-county area. There were a total of 2,901 deaths. The daily average of new hospitalizations was 101.

The Kansas Department of Health and Environment reported 406,453 cumulative COVID-19 cases in Kansas on Monday, Sept. 27, an increase of 1,994 since Friday, Sept. 24. There was a total of 6,024 cumulative deaths reported statewide, an increase of 43 since Sept. 24.

The KDHE reported 74,468 cumulative COVID-19 cases in Johnson County on Sept. 27, an increase of 294 since Sept. 24. Leavenworth County had 9,894 cases on Sept. 27, an increase of 31 since Sept. 24. Sedgwick County (the Wichita area) reported 75,767 cases on Sept. 27, an increase of 568 since Sept. 24.

On Monday night, there were a cumulative 43,116,407 COVID-19 cases in the United States, with a cumulative 690,426 deaths, according to the Johns Hopkins Coronavirus Resource Center.

Links

Visit gogettested.com/Kansas and https://wyandotte-county-covid-19-hub-unifiedgov.hub.arcgis.com/pages/what-to-do-if-you-think-you-have-covid-19 for more testing sites.

Wyandotte County residents may contact the Health Department at wycohelp.org to sign up for a test to be delivered to their home.
For more details about free COVID-19 testing offered by the UG Health Department, visit https://www.facebook.com/UGHealthDept or call 3-1-1.

To view details about the extension of the mask order in KCK until Nov. 18, visit
https://www.wycokck.org/files/assets/public/health/documents/covid/ug_extendsmaskmandate_nr_09102021.pdf.

Campaign poll: Kelly holds slim margin over Schmidt in Kansas governor’s race

Democratic governor’s job approval at 53%; GOP attorney general’s at 40%

by Tim Carpenter, Kansas Reflector

Topeka — An early survey in the 2022 election cycle shows Democratic Gov. Laura Kelly with a narrow advantage over Republican Attorney General Derek Schmidt in a head-to-head gubernatorial showdown of two statewide officeholders gearing up for that campaign.

The poll by Clarity Campaign Labs, a liberal-leaning firm in Washington, D.C., at the behest of EMILY’s List, which promotes Democratic women candidates, indicated Kelly had a 3 percentage point advantage on Schmidt. Kelly held support of 47% of participants to Schmidt’s 44% in a survey with a 3.4% margin of error.

Kelly attracted backing from 83% of voters who considered themselves ideologically moderate and 21% who viewed themselves as somewhat conservative.

Laphonza Butler, newly appointed president of EMILY’s List, said Kelly had proven herself a champion of women and families during a period of unprecedented health and economic challenges caused by the COVID-19 pandemic. Butler expressed confidence in Kelly’s path to re-election.

“The numbers tell us that Kansans appreciate her leadership,” Butler said. “A majority of Kansans across party lines approve of Governor Kelly’s performance in office throughout her first term.”

Kelly and the Kansas Democratic Party have sought to convince voters the state’s economy was in a strong position. The governor has touted expansion in business investment and associated job growth. She says she was integral to achieving proper funding of K-12 public schools, restoring stability to the state’s transportation program and overhauling the child welfare system.

The Kansas Republican Party and Schmidt have argued Kelly fumbled the state’s response to COVID-19. They’ve asserted she responded to the pandemic by unnecessarily closing businesses, imposing mask mandates and limiting the size of gatherings at places of worship. In addition, the Kansas GOP has sought to nationalize the governor’s race by taking issue with policies embraced by President Joe Biden.

The survey taken more than one year prior to next year’s general election revealed 53% of respondents approved of the job Kelly had done as governor with 41% disapproving of her performance. Across the political spectrum, 27% of self-identified Republicans expressed approval of her track record as governor since 2019 along with 69% of independents and 94% of self-identified Democrats.

In terms of Schmidt, the pollsters said 40% of participants approved and 42% disapproved of his performance as attorney general. During the GOP primary campaign, Schmidt has sought to convince Republicans of his conservative credentials and eagerness to push back against policies of Biden.

In 2018, Kelly defeated the Republican nominee, Secretary of State Kris Kobach, by securing 47.8% of the vote. Kobach had prevailed in back-to-back statewide campaigns for secretary of state, but couldn’t translate high name recognition and a GOP registration advantage into victory in the governor’s race.

Kelly’s first campaign for governor emphasized unpopularity of former Gov. Sam Brownback, who had stepped down to work in the administration of President Donald Trump. Instead of distancing himself from Brownback, Kobach advocated resumption of the Brownback economic experiment that centered on slashing state income taxes. Spending wasn’t reduced a comparable amount under Brownback and the state struggled with budget problems until his tax program was repealed in 2017.

In her campaign for governor, Kelly asserted Brownback’s leadership jeopardized the state’s education and highway systems and undermined the safety net for vulnerable Kansas. She also said Kobach was “Sam Brownback on steroids.”

The survey for EMILY’s List showed Brownback remained unpopular among Kansas voters. In this poll, 17% said they were in favor of returning to Brownback-era policies. At the same time, 56% of respondents wanted to “go in a different direction” than policy championed by Brownback.

Overall, 30% approved of how Brownback did his job as governor and 62% disapproved of his performance as the state’s chief executive.

The telephone survey of 810 registered voters in Kansas was conducted Sept. 13-15. The sample was weighted by the polling firm to reflect a likely 2022 general electorate. The margin of error was plus or minus 3.45%.

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0

See more at https://kansasreflector.com/2021/09/24/campaign-poll-kelly-holds-slim-margin-over-schmidt-in-kansas-governors-race/.