Attorney General says pandemic is highlighting legal issues with emergency powers law
Schmidt and Governor Laura Kelly have clashed multiple times during the coronavirus outbreak.
TOPEKA, Kan. (KSNT) – Attorney General Derek Schmidt said there are many legal problems with how Kansas is operating during a state of emergency. So he wants to prevent problems in future emergencies.
Schmidt and Governor Laura Kelly have clashed multiple times during the coronavirus outbreak.
He said that local officials can opt out of the governor’s executive order on wearing masks and keeping distance in schools. In another instance he differed with the governor on the ways executive orders could be enforced.
He wants lawmakers to fix the wording in the law or the state could be hit with lawsuits.
“I just know it would be much better if instead of deciding those questions in litigation, you all decided what you wanted the rule to be,” Schmidt told lawmakers on the Special Committee on Kansas Emergency Management Act.
He presented lawmakers with ideas of what he best thought could help clarify issues.
“Should there essentially be different types of disasters, should different types of declarations cause different parts of the emergency management response to be triggered,” Schmidt said.
During a state of emergency, the governor is granted greater powers. Schmidt worried that lawmakers might be giving the governor powers of the legislative branch, which he said isn’t allowed.
“It is really hard for me to even articulate how it was necessary to protect the civilian population in the state of Kansas to allow alcohol sales at the curbside,” Schmidt said about a previous executive order.
He also said a constitutional amendment could be an option to put to the voters to determine how government should operate during an emergency.