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Ex. DUT-KS-011 Standing duty Primary source read

K.S.A. 48-939 (2019), Penalty for violation of the act or of orders or proclamations thereunder (text in force March 12 to June 8, 2020)

48-939. Penalty for violation of act or rules and regulations, orders or proclamations thereunder

Kansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020) · Kansas (State)

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The record

Jurisdiction
Kansas
Level
State
Authority
K.S.A. 48-939 (2019) (L. 1975, ch. 283, § 20)
Issued
1975-04-11 Apr. 11, 1975
Effective
this text: March 12 to June 8, 2020; successor texts in KS-027 § 36 (June 9, 2020 to March 24, 2021) and KS-040 § 9 (from March 25, 2021) (read as 2020-06-08)
End
standing (as amended) (read as 2021-09-30)
In force
Standing since June 8, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q2
Limitation types
Standing dutyOther
Addressees
  • persons generally (every person and business subject to a lawful order or proclamation under the Act)
Character
order penalty
Collection
Standing duties: Kansas DUT-KS

Operative words

The knowing and willful violation of any provision of this act... or any lawful order or proclamation issued under authority of this act whether pursuant to a proclamation declaring a state of disaster emergency under K.S.A. 48-924 or a declaration of a state of local disaster emergency under K.S.A. 48-932, shall constitute a class A misdemeanor

Penalty

class A misdemeanor (to June 8, 2020); civil penalty up to $2,500 per violation plus injunction (from June 9, 2020); class A nonperson misdemeanor for curfew and area-entry orders (from March 25, 2021)

What it required

Made every knowing and willful violation of EO 20-14, EO 20-15, EO 20-16, EO 20-18, EO 20-24, EO 20-25, the Ad Astra orders and every county emergency order a class A misdemeanor (up to one year in the county jail and a $2,500 fine, DUT-KS-018 n.5) through June 8, 2020; from June 9, 2020 HB 2016 § 36 substituted 'a civil penalty in an amount not to exceed $2,500 per violation,' enforced 'through an action brought under chapter 60... by the attorney general or the county or district attorney,' with injunctions and restraining orders (KS-027 § 36), which governed EO 20-52, EO 20-59 and EO 20-68; SB 40 § 9 kept the civil penalty and made knowing violation of a curfew or area-entry order a class A nonperson misdemeanor from March 25, 2021 (KS-040 § 9).

Retrieval note

The page header reads '2019 Statute.' The Attorney General's memoranda state each successive regime: DUT-KS-017 at 8 (class A misdemeanor; law enforcement's 'same duty and authority'), DUT-KS-018 at 2 and n.5 (imprisonment and fine), DUT-KS-019 at 1-2 (civil penalty; 'civil violation and not a crime').