TOPEKA — Senate President Ty Masterson says “motions are underway” to call a special session for Nov. 22 to address legislation dealing with COVID-19 vaccine mandates.
The Republican from Andover on Tuesday unveiled proposals that would shield employees from inquiries into their religious beliefs and ensure they receive unemployment benefits if discharged for refusing to get a COVID-19 vaccine. The Special Committee on Government Overreach and the Impact of COVID-19 Mandates will meet Friday to hear from supporters and opponents of the proposed legislation.
Two-thirds of the 40-member Senate and two-thirds of the 125-member House would have to sign on for the special session. In a statement, House Speaker Ron Ryckman urged Gov. Laura Kelly to use her authority to call a special session.
“Kansans should not be forced to choose between their personal beliefs and their jobs,” Ryckman said. “It’s clear that federal overreach on a vaccine mandate has placed many working families between a rock and a hard place. We have a duty to protect our citizens.”
Masterson said Nov. 22 was chosen to give lawmakers time to override any vetoes by Kelly before a federal mandate for nursing homes and other medical providers takes effect Dec. 8.
President Joe Biden also has ordered federal employees and contractors to vaccinate employees by Jan. 5. An emergency policy from the Occupational Safety and Health Administration also requires businesses with 100 or more employees to vaccinate their workers by Jan. 5 or provide weekly COVID-19 testing for them.
All of the federal mandates provide exemptions for medical conditions, disabilities and sincerely held religious beliefs.
Members of the overreach panel expressed concern during an Oct. 29 hearing over a religious exemption form issued by Kansas State University. The form, which has since been updated, asked employees how long they held their religious beliefs and if they had ever received another vaccine. It also asked for supporting documentation from religious leaders or fellow worshippers.
One of Masterson’s proposed bills would prohibit employers from questioning the sincerity of an employee’s religious beliefs.
Rep. John Carmichael, a Wichita Democrat, questioned the new standard.
“There can be some limited inquiry into my professed religious belief, in part at least to ensure that it is sincere and not one that I just woke up last night and decided not to wear pants today,” Carmichael said. “But under this draft, all that would be necessary is for me to attest that I’m not wearing pants — or taking a vaccine in this instance — because I have a sincerely held religious belief that no further inquiry can be made as to whether I’m just flat out lying.”
Masterson said it was “becoming clear the representative doesn’t like to wear pants.”
“The representative would claim that there are others that have the ability to determine your belief, and we would contend that that is your sole responsibility,” Masterson said.
The second bill would would clarify that someone who is discharged from employment for the sole purpose of refusing to be vaccinated, if they have requested an exemption, to be eligible for unemployment benefits. The Kelly administration indicated such claims would be considered on a case-by-case basis.
Masterson said the legislation would have no cost to the unemployment insurance trust fund — assuming it persuaded employers not to fire unvaccinated workers.
