Mask mandates would no longer be allowed in Kansas under a bill the Legislature sent to the governor's desk Friday.
The state would bar any public officials — including state and local governments, schools and health officials — who are looking to protect the public in the event of a new COVID-19 spike or other public health emergency.
The Kansas House and Senate narrowly approved a bill early Friday morning, crafted by senators in response to safety measures enacted during the pandemic. In addition to banning mask mandates, the bill removes the Kansas Department of Health and Environment secretary's power to have law enforcement carry out quarantine orders.
"Kansans have asked that we put guidelines in so that this doesn't happen again," said state Sen. Kellie Warren, a Leawood Republican running for attorney general.
Both chambers fell short of the two-thirds majority needed to override a gubernatorial veto. Democratic Gov. Laura Kelly hasn't commented on the legislation but has consistently supported retaining the power of state and local health officials.
In the summer of 2020, Kelly issued a statewide mask mandate, which local counties were permitted to opt out of.
A University of Kansas study found that the counties that required masks saw slower rates of infection and hospitalization throughout the summer surges.
Statewide mask mandates have been lifted for more than a year, but mandates in localities and schools persisted into early 2022. Kansas City, Kansas, Public Schools waited until last week to lift their mask mandate.
The bill is wide-ranging, barring any government entity from requiring masks for public health emergencies. Lawmakers on both sides of the aisle expressed concerns about a litany of scenarios where public health could be put at risk if masks are not required, including foreign animal disease investigations, state-operated labs, or tuberculosis outbreaks in prisons or foster care facilities.
A TB outbreak was reported in Wyandotte County just last month.
"I wish that it was a world where everyone was responsible and everyone would wear face masks responsibly," state Rep. John Eplee, an Atchison Republican and physician, said. "The fact is we live in a world where human nature takes over and people don't always do the responsible thing.
"Nobody likes (mask mandates), I hate them, but there are times when they are necessary."
House leadership, however, urged a yes vote.
Senate President Ty Masterson had refused to bring the sports betting bill for a vote until the House passed the mask mandate ban. The tactic is common late in the session as each chamber tries to ensure that priority issues are passed.
"You can say it's not a perfect bill. What bill is perfect?" House Majority Leader Dan Hawkins, a Wichita Republican, said. "We are here to do something. This is our chance. Don't lose it."
The policy was a major priority for Warren and Masterson.
Masterson called objections to the bill and concerns over unintended consequences "red herrings."
Though the bill is likely to never become law, facing an uphill climb if Kelly vetoes it, Masterson said he wanted to get it to a vote to "get a barometer of where Republicans are coming into this election season."
