Kansas Guts Local Health Authority as Measles and TB Surge

The Sound of Silence, Simon & Garfunkel

Table of Contents

• SB 29 – Limiting Public Health Authority

• Kansas in a National Wave of Public Health Rollbac …

• 🐝 This Week’s Actions

  • 📰 Inform and Interpret

  • 📣 Organize & Mobilize

  • 🗳 Vote & Advocate

SB 29 – Limiting Public Health Authority

SB 29 strips county public health officers of the power to prohibit public gatherings or impose quarantines in order to control infectious disease outbreaks. In practical terms, during a contagious disease outbreak (think COVID-19, measles, or tuberculosis), local health officials can no longer ban large events, close venues like churches or schools, or require individuals to quarantine, no matter how severe the threat. Any such orders would violate the new law, which was written as a response to perceived overreach during the COVID pandemic.

Governor Kelly vetoed SB 29, warning that it would put Kansans’ health and safety at risk. She noted that temporarily limiting gatherings and enforcing quarantines are core tools of public health when facing serious infectious diseases – tools that save lives:

On April 10, Republican lawmakers fulfilled their promise to override (Senate 31–9, House 86–38), loudly celebrating what they termed the end of “Fauci-ism” in Kansas. In a triumphal (and rather inflammatory) joint statement, Speaker Hawkins and President Masterson proclaimed: “‘Fauci-ism’ – and its unconstitutional restrictions and dystopian rules – deserves to be on the ash-heap of history”. They cast SB 29 as a victory for civil liberties, claiming it “protects the right to assemble – think churches, funerals and weddings – while enhancing core due process rights.”

The new law’s health implications, however, are alarming. Kansas has effectively blunted its ability to respond to deadly outbreaks. If a new virus emerges or an old one flares up, county health officials must now rely only on persuasion and voluntary compliance(no matter how fast the virus is spreading). This will lead to longer and more severe outbreaks, as measures like quarantines are proven to slow disease spread when used appropriately.

There are also legal ambiguities: SB 29’s language might invite lawsuits anytime a health department urges restrictions, even informal ones, chilling public health guidance. Moreover, this fits into a larger ideological effort to curtail the power of experts at the local level. It’s of a piece with bills in other states limiting health mandates, school curriculum, or environmental regulations.

The irony is that Kansas enacted this even as diseases like measles (once nearly eradicated) have resurged due to declining vaccination rates. Local control – a mantra Republicans often tout – is actually reduced: counties cannot choose a more aggressive health response even if their community wants it. All decisions on protective measures are preempted by state law.

Kansas in a National Wave of Public Health Rollbacks

Kansas is not alone in recalibrating public health authority after COVID-19. Since 2020, legislators in more than half of U.S. states have moved to limit the emergency powers of health agencies. Republican legislators in more than half of U.S. states have passed laws to take away powers from state and local officials to protect the public against infectious diseases; many of these laws were fueled by backlash against pandemic measures like mask mandates, business closures, and gathering limits.

Public health legal experts note that courts historically upheld broad quarantine powers. For Kansas, the stakes are immediate. As measles spreads and tuberculosis lingers, local health officials find themselves navigating a delicate balance: urging voluntary precautions in the community, while knowing they can no longer enforce the strict measures that quelled past outbreaks. Many are appealing to the public’s sense of responsibility.

Coming months will test whether that civic appeal is enough to safeguard public health.

🐝 This Week’s Actions

Some subscribers have asked for more guidance on where to spend their precious time or money in this transformative moment. Capitol Bee is not, strictly speaking, an organizing vehicle; there are many other (much larger) organizations that are focused on activism, and we like the analogy of the three-legged stool.

📰 Inform and Interpret

Capitol Bee aims to bring clarity, context, and strategic thought and planning to state politics. Through this newsletter’s reporting and analysis, and our sister platform BillBee.ai, we help Kansans understand what’s happening (and why it matters). This first leg of the stool is messaging: connecting dots, decoding spin, and elevating overlooked stories.

• Forward this newsletter to someone who’s ready to tune in.

• Sign up for LetterSwarm to turn insights into action. Rally your network around campaigns you care about and turn one letter into 100.

• Follow the money, the votes, and the bills at BillBee.ai.

📣 Organize & Mobilize

We aren’t organizers, but we stand alongside them. The second leg is action: community-led, volunteer-driven. When the moment calls for you to show up, show up.

• Attend your next county commission or school board meeting.

• Follow the Boots on the Ground calendar.

  • Example: Overland Park - Pop up protest on Wednesday, May 7, 4-6pm
    West 95th Street & Metcalf Avenue.

  • Example: Senator Marshall “Do Your Job” protest, Friday 2pm

🗳 Vote & Advocate

The third leg is electoral. Elections matter. Policy follows power.

• Send a short, personal letter opposing SB 29 to your legislators using LetterSwarm.

• Donate to trusted advocacy orgs fighting for science, safety, and democracy in Kansas.

• Watch for candidates you can support, they will need your help.