'Continuing down this path will kill Kansas kids': Anti-vaccine bills pass Kansas Senate

Senate Republicans passed a pair of anti-vaccine bills and a third one targeting governmental public health authority on Wednesday, though none of the measures had enough support to overcome a likely gubernatorial veto.

One bill, Senate Substitute for House Bill 2390, included provisions of Senate Bill 6, which previously passed the Senate but was never taken up by the House. The bill saw no new debate on the Senate floor this time around, but did see brief political drama over a failed attempt to revert the bill back to the original House plan to tackle fentanyl.

"Rather than looking at the pandemic of the past, we need to focus our collective attention on the plague affecting our future and support efforts to reduce the impact of counterfeit drugs laced with fentanyl poisoning our people," said Sen. Kristen O'Shea, R-Topeka.

That bill would strip the Kansas Department of Health and Environment secretary of the authority to designate infectious or contagious diseases through rules and regulations. Instead, the KDHE would send a report with recommendations to the Legislature.

The KDHE would also lose the power to quarantine or require testing of people afflicted with or exposed to contagious diseases while also losing its legal mandate to "use all known measures" to prevent the spread of certain infectious diseases, including smallpox.

Likewise, county boards of health and local health officers would lose their quarantine order powers, as well as the power to limit public gatherings to control disease spread.

More: Kansas passes 10K COVID-19 deaths as bill aims to strip public health officers of authority

The Senate passed HB 2390 23-16. Senate Bill 314, a bill preempting addition of the COVID-19 vaccine to the list of required child wellness vaccines, passed 24-16. Senate Bill 315, a wide-ranging anti-vaccine bill, passed 22-18.

Republicans, who hold a supermajority in the chamber, would need 27 votes to override a veto. Before the bills would go to the governor, they must first pass the House.

Heather Braum, a health policy adviser for Kansas Action for Children, said the Legislature is "trying to dismantle public health policy."

"Continuing down this path will kill Kansas kids, and the House must reject these dangerous policies," Braum said.

O'Shea voted against SB 315 after previously calling for security due to a perceived threat from an anti-vaccine advocate when the bill had its committee hearing.

"Vaccines, particularly for children, are essential to protect them from raging fever, blistering sores, paralysis and death," O'Shea said.

She likened her support for childhood vaccination to her opposition to abortion.

"I oppose efforts by those who would wipe out innocent life through abortion, and I stand opposed to those who would allow innocent children to suffer and possibly die when these life-saving vaccines have been safely used for decades and remain available," O'Shea said. "Real conservative Republicans stand up to protect children and protect life at all times."

More: Kansas could redefine 'abortion' in state law. What would that mean?

Meningitis vaccination requirement repealed

One piece of SB 315 would repeal a state law mandating the meningitis vaccine for college students living in on-campus housing.

"Meningitis is a very, very deadly and fast-moving disease," said Sen. Pat Pettey, D-Kansas City and the top Democrat on the public health committee. "A young person can contract it one day and be deathly ill and potentially lose … all four of his limbs in a short period of time."

Gossage said a university could conceivably impose their own requirement.

"I would of course vaccinate my child against meningitis," said Sen. Beverly Gossage, R-Eudora and the chair of the Senate Public Health and Welfare Committee. "I totally agree that this is a very scary disease. But this is America. We want to be educated. We want to hear recommendations from those in the medical community and then we want to make those decisions."

More: Anti-vaccine politics return to Kansas Legislature. This time, it's more than COVID-19.

Kansas bill no longer weakens employer vaccine mandates

Senators amended SB 315 to abandon an attempt to expand existing guarantees of religious exemptions to employer-imposed COVID-19 vaccination requirements to also apply to any other vaccination. That law was passed by the Legislature during a November 2021 special session and signed into law by Gov. Laura Kelly.

Under current law, employers with COVID-19 vaccine mandates are required to offer religious exemptions that include nonreligious beliefs. They are also be banned from inquiring into the sincerity of the belief. Employees could complain to the Kansas Department of Labor, with violation orders enforced by the attorney general's office and court orders for civil penalties.

The original version of the bill would have extended that to any vaccination required by an employer. The Kansas Chamber opposed that proposal.

Religious exemption definition in Kansas bill includes nonreligious beliefs

The bill expands the definition of religious exemptions for child wellness vaccines to attend school and child care.

The new definition, modeled after the special session law, would allow nonreligious beliefs to count for the religious exemption. It likewise would bar schools and child care from inquiring into the sincerity of the belief.

Gossage said some employers had required additional information to get religious exemptions, and has gotten hundreds of emails wanting to expand that protection to children.

"I had an employer that was in the vicinity of my district," she said, "that was asking your pastor's name, the name of your church, how long you've gone there, contact for the pastor, where in the Bible, what scripture says that you must have this religious exemption, how long have you attended this church, do you pay tithe, do you give to this church."

The KDHE testified that it already does not inquire into the sincerity of exemption requests.

"This policy also insults my faith," Pettey said. "Being religious and having a belief does not make such a belief a religious one, and we shouldn't relegate otherwise just because it's politically expedient."

Pettey asked Gossage what faith leaders have supported the bill.

"I don't recall any religious beliefs coming forward to say that we support this bill," Gossage replied.

"Well in fact there are no religious groups that are supportive of this," Pettey said. "The Catholic Church and other mainline religions are in full support of vaccination requirements."

Sen. Renee Erickson, R-Wichita, said that doesn't account for nondenominational churches.

"As someone who has been a lifelong member of a nondenominational church, I would just like to point out no one has a right to question or challenge my individual religious beliefs, whether that relates to vaccination requirements or anything else," she said.

More: Topeka senator calls for security as frustrations flare at Kansas anti-vaccine hearing

Kansas bill preempts COVID vaccine mandate for children

Senate Bill 314 would block the KDHE secretary from adding the COVID-19 vaccine to the list of required vaccinations to attend school or child care. The KDHE currently has the authority to establish required wellness vaccines. The agency's leadership has repeatedly promised that it has no intention of mandating the COVID-19 vaccine.

"We have asked twice in our committee if the secretary plans to mandate the COVID vaccine for children and we're told, 'Oh no, we have no intention to do that,'" Gossage said. "This just codifies that we're putting it in writing that the secretary cannot do that, whether the child's at a child care facility or in school."

Sen. Chase Blasi, R-Wichita, introduced the bill.

"I brought this bill forward because the CDC has recommended they add this to the list," Blasi said. "I've heard from a lot of parents who were very upset by that."

Pettey said the decision should be up to the experts.

"It is not driven by the CDC. It is driven by what decision is the best fit for the state of Kansas," she said. "This bill is just another opportunity to restrict the ability and the responsibility of the secretary of health and environment when it comes to health and safety in Kansas. It is unnecessary, there is no indication that COVID-19 has ever been brought up for discussion.

"We as Kansans have the ability to make the decision as to whether we want that shot … and the same thing for our children, as the efficacy has proven that it is safe."

This article originally appeared on Topeka Capital-Journal: Kansas Senate Republicans pass anti-vaccine bills