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Ex. DUT-KS-006 Standing duty Primary source read

K.S.A. 65-129, Penalty for disobeying the secretary's rules and regulations or breaking quarantine

65-129. Penalties for violations

Kansas Legislature (K.S.A., Revisor of Statutes) · Kansas (State)

The COVID Project

The record

Jurisdiction
Kansas
Level
State
Authority
K.S.A. 65-129
Issued
2021-01-01 Jan. 1, 2021
Effective
standing throughout 2020-2021 (read as 2021-01-01)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Quarantine and isolationStanding dutyOther
Addressees
  • persons generally
Character
order penalty
Collection
Standing duties: Kansas DUT-KS

Operative words

Any person violating, refusing or neglecting to obey any of the rules and regulations adopted by the secretary of health and environment for the prevention, suppression and control of infectious or contagious diseases,... or who evades or breaks quarantine or knowingly conceals a case of infectious or contagious disease shall be guilty of a class C misdemeanor.

Penalty

class C misdemeanor (Kansas: confinement up to one month, K.S.A. 21-6602(a)(3), and a fine up to $500, K.S.A. 21-6611(b)(3); the sentencing sections are stated from the Code and not separately exhibited); violation of K.S.A. 65-129d is punished under this section

What it required

Made it a crime for any person to disobey the Secretary's disease-control rules, to leave a quarantined area, or to evade or break quarantine; the sanction behind the KDHE quarantine mandate and the isolation and quarantine orders of every local health officer.

Retrieval note

The Attorney General's March 24, 2020 memorandum quotes this section and concludes that 'law enforcement has the discretionary duty and authority to enforce criminal violations of such orders in the same manner it ordinarily enforces misdemeanor violations of the law' (DUT-KS-017 at 10).