The COVID Project
The record
- Jurisdiction
- Kansas
- Level
- State
- Authority
- Kan. Att'y Gen., Addendum 1 to Mem. of Mar. 24, 2020 (Apr. 8, 2020), at 2 & n.5
- Issued
- 2020-04-08 Apr. 8, 2020
- Effective
- 2020-04-08
- End
- period guidance (EO 20-18 expired with the stay-home order May 3, 2020) (read as 2020-05-03)
- In force
- Apr. 8, 2020 to May 3, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Gathering capEvents and venuesStanding dutyOther
- Addressees
- persons generally; religious facilities and gatherings; law enforcement and prosecutors
- Character
- agency position statement
- Collection
- Standing duties: Kansas DUT-KS
Operative words
While compliance previously was voluntary, by virtue of the exercise of the governor's emergency powers under K.S.A. 48-925(c) EO 20-18 on its face makes violation of these new limitations on certain religious gatherings that exceed 10 persons punishable by imprisonment and/or a fine. See K.S.A. 2019 Supp. 48-939.
Penalty
class A misdemeanor: up to one year in the county jail and/or a $2,500 fine (K.S.A. 48-939, 2019 text)
What it required
States the legal transformation the emergency orders effected: what had been recommended became a punishable command once the Governor exercised K.S.A. 48-925(c); footnote 5 states the sanction for violating any lawful order under 48-925 as 'a class A misdemeanor, which is punishable by up to 1 year of imprisonment in the county jail and/or up to a $2,500 fine. See K.S.A. 48-939.' Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).
Retrieval noteEO 20-18 (KS-012) is the order the Supreme Court held the Legislative Coordinating Council could not revoke (DUT-KS-020). it records that under the May 26, 2020 proclamation no order 'will be used to restrict businesses from operating' (KS-023; HB 2016 § 33(e), KS-027).