Limits authority of the Secretary of Health & Environment regarding COVID-19 vaccines for daycare, child care, or school, part of large licensing bill

State: KS
Bill Number: HB 2285
Position: SUPPORT
Action Required: NONE
Status: Died, VETOED by Governor Laura Kelly and session adjourned on 4/28/2023

Legislation Details:

UPDATE: 4/28/2023 - HB 2285 died. The legislature adjourned on 4/28/2023 and there was no legislative override of the veto before the end of session. 

UPDATE: 4/28/2023 - HB 2285 was VETOED by Governor Laura Kelly on 4/28/2023. Her veto statement is here

UPDATE: 5/5/2023 - Enrolled and presented to Governor Laura Kelly for signature on 5/5/2023.
UPDATE: 4/28/2023 - The Second Conference Committee Report was issued on 4/28/2023.

UPDATE: 4/28/2023: The Report was adopted by the Senate by a vote of 22 Yea, 18 Nay and the House by a vote of 63 Yea, 56 Nay on 4/28/2023.

When introduced on 2/8/2023, HB 2285 did not mention vaccines, so its scope was outside of NVIC's mission. The House and Senate passed two similar, yet non-identical bills. To resolve the differences, a Conference Committee was formed, which failed to reach a consensus. A second Conference Committee was formed and the resulting report was passed by both the Senate and House before being sent to Governor Laura Kelly, who vetoed the bill

The Second Conference Committee's version of HB 2285 added section that would:

  • limit the authority of the Secretary of Health and Environment (Secretary) or other health officials from being able to restrict public gatherings due to infection or contagious disease;
  • prohibit the COVID-19 vaccine from being required for children enrolling for the first time in daycare, pre-school, child care or school;
  • require the Secretary to  study overdose deaths and maintain confidentiality of the records; and
  • restrict the duties and authority of the Secretary and local health officers regarding infectious and contagious diseases.

The changes having to do with vaccines aligned with NVIC's mission and our position was SUPPORT. NVIC takes no position on other sections of the bill. Some steps in the bill's history are listed below. A more complete list can be viewed here.

There were several iterations of Conference Committee Member meetings with replacements in the Senate and House before an agreement was reached on 4/28/2023 by the Second Conference Committee. 

UPDATE3/27/2023 - The House nonconcurred with the Senate amendments and requested a Conference Committee on 3/27/2023.
UPDATE: 3/27/2023 - HB 2285 passed the Senate as amended by a vote of 39 Yea, 0 Nay on 3/27/2023. 

UPDATE: 3/23/2023 - Hb 2285 was amended and passed by the Senate Committee of the Whole on 3/20/2023.

UPDATE: 3/15/2023  - HB 2285 was amended and then passed by the Senate Committee on Financial Institutions and Insurance on 3/15/2023. The amendments did not mention COVID-19 or vaccination.

UPDATE: 3/08/2023  - HB 2285 was heard in the Senate Committee on Financial Institutions and Insurance on 3/8/2023.
UPDATE: 2/22/2023 - HB 2285 was referred to Senate Committee on Financial Institutions and Insurance on 2/22/2023.
UPDATE: 2/21/2023  - HB 2285 was received in the Senate on 2/21/2023.
UPDATE: 2/21/2023  - HB 2285 passed the Full House by a vote of 123 Yea, 0 Nay on 2/21/2023.
UPDATE: 2/8/2023 - HB 2285 was heard in the House Committee on Insurance on 2/8/2023 on 2/8/2023.

HB 2285 was introduced and referred to the House Committee on Insurance, which sponsored it, on 2/2/2023. The original bill was limited to insurance law and had no mention of vaccines. - text, status, and history of HB 2285