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Legislative Coordinating Council expands Policy 43 to cover State House common areas and grounds
Summary
The Legislative Coordinating Council voted to amend Policy 43 to extend the council's building-use rules to State House common areas and the capitol grounds and to allow denial or prevention of gatherings that pose a credible threat to public officials or that explicitly intend to violate the law.
The Legislative Coordinating Council voted to amend Policy 43 to extend the council's building-use rules to State House common areas and the capitol grounds and to allow denial or prevention of gatherings that pose a credible threat to public officials or that explicitly intend to violate the law.
The change came after the council heard from the Attorney General, who summarized a letter and legal opinion the office sent to legislative leaders and the governor concerning a recent court filing, and after staff said threats to legislators had been referred to the Kansas Bureau of Investigation for review.
Attorney General: "there are limits and you cannot use the cloak of the First Amendment to commit crimes. And here there'd be at least 2 crimes committed on state property," the Attorney General said, describing sworn declarations in a civil case, Nauman v Stewart, in which the archdiocese of Kansas alleges theft of a consecrated host and says statements indicate an intent to destroy the property.
LCC staff member Gordon said the amendment extends existing room-use language to the common areas and to the grounds. He described three primary bases on which permission to gather could be denied: when events restrict attendance based on race or similar categories (language already in the room-use policy), when a credible threat to a legislator or public official exists as verified by the Highway Patrol, Capitol Police or the Kansas Bureau of Investigation, and when an organization has stated the meeting will involve a violation of law.
Gordon said, "This policy I will mention is generally applicable. It's not applicable to a specific organization or group of individuals." Senator Sykes asked how the change related to existing statutory authority over the building; Gordon replied that the Legislative Coordinating Council shares responsibility for space allocation with the Department of Administration and the governor and that a policy change was needed for the council to assert that part of the responsibility.
A motion to adopt the amendment as drafted was made and seconded by Representative Carpenter. The motion carried on a voice vote; no roll-call tally was recorded.
After the vote the presiding officer noted that threats had been sent to the Kansas Bureau of Investigation for review and said the council "call[s] upon" the governor to empower the Highway Patrol to prevent the scheduled event next week. The council also recorded that the policy language is intended to address criminal activity and credible threats rather than to serve as a general free-speech restriction.
The action places decisions about permitting or preventing assemblies in common areas and on the grounds under the amended Policy 43, with enforcement and determinations of credible threat to involve Highway Patrol, Capitol Police or the KBI. The council did not record further implementation details, timelines, or a written enforcement protocol during the meeting.
