{"id":"DUT-KS-019","kind":"duty","level":"state","jurisdiction":"Kansas","state":"KS","metro":"","industry":"","agency":"","eco":"","issuer":"Attorney General Derek Schmidt (Office of the Kansas Attorney General)","authority":"Kan. Att\u0027y Gen., Addendum 3 to Mem. of Mar. 24, 2020 (July 2, 2020), at 1-3","instrument":"Addendum 3 to the March 24, 2020 memorandum, regarding enforcement of orders issued pursuant to the Kansas Emergency Management Act after enactment of HB 2016, and Executive Order 20-52 (the Mask Order) (July 2, 2020)","title":"Addendum 3 to March 24, 2020, state and local law enforcement duties and authorities memorandum regarding enforcement of orders issued pursuant to the Kansas Emergency Management Act after enactment of 2020 Special Session House Bill 2016 (HB 2016)","dateIssued":"2020-07-02","effective":"2020-07-02","end":"period guidance (governed enforcement of EO 20-52, 20-59 and 20-68 to March 31, 2021)","startDate":"2020-07-02","endDate":"2021-03-31","quarters":["2020Q3","2020Q4","2021Q1"],"types":["DUTY","MASK","EMP","OTHER"],"addressees":["businesses and organizations (mask mandate on employers); persons generally; prosecutors"],"clause":"Section 36 of House Bill 2016 repealed the criminal penalties found in K.S.A. 48-939 that previously attached to violations of an emergency order and replaced them with civil penalties or injunctive relief that may be ordered by a court in a lawsuit filed by the county or district attorney. Thus, violation of the Mask Order is now a civil violation and not a crime","enforcement":"civil penalty up to $2,500 per violation; injunction or restraining order (K.S.A. 48-939 as amended by HB 2016 § 36, KS-027)","functions":[],"notes":"Confirms that from June 9, 2020 every emergency order, including the order that \u0027all businesses or organizations in Kansas must require\u0027 masks (EO 20-52 ¶ 2, KS-030), was enforced by civil penalty of up to $2,500 per violation and injunction on suit by the county or district attorney (or the Attorney General, n.6), \u0027in a manner much more similar to civil abatement of a common nuisance or to the Kansas Consumer Protection Act\u0027; the first question for enforcement was whether the county had opted out under HB 2016 § 33. Character as recorded: agency_interpretation (Attorney General memorandum).","sourceUrl":"https://ag.ks.gov/docs/default-source/documents/addendum-3-to-march-24-law-enforcement-duties-and-authorities-memo.pdf","snapshot":"http://web.archive.org/web/20200702200044/https://ag.ks.gov/docs/default-source/documents/addendum-3-to-march-24-law-enforcement-duties-and-authorities-memo.pdf","fileExists":true,"fileBytes":343525,"grade":"primary","character":"agency_interpretation","description":"","collection":"DUT-KS","url":"/library/DUT-KS-019","exhibitUrl":"/exhibit/DUT-KS-019","citation":"Attorney General Derek Schmidt (Office of the Kansas Attorney General), Addendum 3 to the March 24, 2020 memorandum, regarding enforcement of orders issued pursuant to the Kansas Emergency Management Act after enactment of HB 2016, and Executive Order 20-52 (the Mask Order) (July 2, 2020) (Ex. DUT-KS-019)","stateName":"Kansas","related":["KS-030","KS-027","DUT-KS-011","DUT-KS-012","DUT-KS-018"]}