SB 489 – Removing certain regulatory authority concerning infectious or contagious diseases from the secretary of health and environment

Political Deep Dive

Most people are more aware of who is in Washington D.C. controlling the federal government; however, those at the state level are lesser known, and yet they have more control over the lives of Kansans. Through our Political Deep Dives (PDD), you can see how YOUR representatives have voted on bills that affect your day-to-day life. In this PDD, we will be focusing on SB 489—Removing certain regulatory authority concerning infectious or contagious diseases from the secretary of health and environment.

This information is available thanks to kslegislature.org and ballotpedia.org

Kansas Senate Bill 489 was introduced Thursday, February 10, 2022, and was voted on in the Kansas Senate on Wednesday, March 23, where it passed with 24 yeas and 15 nays. The Kansas House of Representatives received and introduced the bill on Monday, March 28, referring the bill to the Committee on Health and Human Services. This committee is made up of House members Tory Marie Arnberger, (District 112-R), John Barker (District 70-R), Emil Bergquist (District 91-R), Doug Blex (District 12-R), Suzi Carlson (District 64-R), Bill Clifford (District 122-R), Ronald Ellis (District 47-R), Christina Haswood (District 10-D), Broderick Henderson (District 35-D), Jim Kelly (District 11-R), Megan Lynn (District 49-R), Heather Meyer (District 29-D), Carl Turner (District 28-R), and Kathy Wolfe Moore (District 36-D). The bill died in House committee on May 23.

This five-page bill did a variety of things. As explained in a fiscal note by Director of the Budget Adam Proffitt to Senator Hilderbrand on February 21, 2022,

“SB 489 would remove the Secretary of Health and Environment’s current authority to take action to prevent the introduction and spread of infectious or contagious disease and remove the Secretary from several provisions pertaining to the investigation of actual or potential exposures to an infectious or contagious disease that is potentially life threatening. This would leave the related authority to the local health officer only. The bill would also remove the Secretary’s authority to develop and adopt certain rules and regulations related to the control of infectious or contagious diseases and require the Secretary to prepare an annual report and recommendations on infectious and contagious diseases for the Legislature.

“In addition, the bill would remove local health officers’ authority to order any sheriff, deputy sheriff, or other law enforcement officer to assist in the execution or enforcement of orders issued and would remove county or joint boards of health and local officers’ current authority to prohibit public gatherings when necessary for the control of any and all infectious or contagious disease.”

A full text of the bill can be found here.

Due to the bill dying in committee, we don’t know how our House of Representatives would have voted on this bill. However, as previously stated, 24 Kansas Senators voted in favor of the bill and 15 voted against the bill, leaving one who was absent and did not vote. So, how did our Kansas Senators vote on this bill?

(Political Party, District number, Voted Yes/No/Did not vote)—Names that are crossed out are representatives that voted on these issues but, for one reason or another, are no longer in the HoR.

**If you are unsure what district you are in, you can click here to find out.

Dennis D. Pyle (R,1,Y), Marci A. Francisco (D,2,N), Tom Holland (D,3,N), David Haley (D,4,N), Jeff Pittman (D,5,N), Pat Huggins Pettey (D,6,N), Ethan Corson (D,7,N), Cindy Holscher (D,8,N), Beverly Gossage (R,9,Y), Mike Thompson (R,10,Y), Kellie Warren (R,11,Y), Caryn Tyson (R,12,Y), Richard Hilderbrand (R,13,Y), Michael A. Fagg (R,14,Y), Virgil Peck Jr. (R,15,Y), Ty Masterson (R,16,Y), Jeff Longbine (R,17,N), Kristen O’Shea (R,18,Y), Rick Kloos (R,19,Y), Brenda S. Dietrich (R,20,N), Dinah H. Sykes (D,21,N), Tom Hawk (D,22,N), Robert S. Olson (R,23,Y), Jeremy Ryan Claeys (R,24,Y), Mary Ware (D,25,N), Dan Kerschen (R,26,Y), Gene Suellentrop (R,27,Y), Mike Petersen (R,28,Y), Oletha Faust-Goudeau (D,29,N), Renee Erickson (R,30,Y), Carolyn McGinn (R,31,DNV), Larry W. Alley (R,32,Y), Alicia Straub (R,33,Y), Mark B. Steffen (R,34,Y), Richard Wilborn (R,35,Y), Elain S. Bowers (R,36,N), Molly Baumgardner (R,37,Y), Ronald Ryckman (R,38,Y), John Doll (R,39,N), Rick Billinger (R,40,Y)

The 11 Democrat Senators unanimously voted against the bill along with four Republicans. Republican Senator for District 31 Carolyn McGinn was not present and did not vote. The other 24 Republicans voted in favor of the bill, passing it in the Senate.