The COVID Project
The record
- Jurisdiction
- Kansas
- Level
- State
- Authority
- L. 2020 Special Session ch. 1; effective on publication 39 Kan. Reg. 755 (June 9, 2020)
- Issued
- 2020-06-08 June 8, 2020
- Effective
- 2020-06-09
- End
- Sec. 5 emergency through Sept. 15, 2020 (extended by SFC to Jan. 26, 2021); sec. 6 expired Jan. 26, 2021; sec. 33 K.S.A. 48-925(h) carried forward in SB 14 and SB 40 (read as 2021-03-31)
- In force
- June 9, 2020 to Mar. 31, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q1
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationBusiness closureSchools and child careOther
- Addressees
- Governor
- State Finance Council
- boards of county commissioners
- State Board of Education
- schools
- businesses (liability protection)
- Functions reached
- predicate; preemption rules; school closures; county opt-out
- Collection
- Kansas KS
Operative words
New Sec. 5.(a) The state of disaster emergency... declared by proclamation on May 26, 2020, for all 105 counties of Kansas, is hereby ratified and continued in existence from March 12, 2020, through September 15, 2020.... New Sec. 6.(a) On and after September 15, 2020, during any state of disaster emergency..., the governor may not order the closure or cessation of any business or commercial activity... for more than 15 days [without State Finance Council approval]... New Sec. 7.... no executive order issued by the governor... that has the effect of closing public or private school attendance centers in this state shall be effective unless and until such order has been affirmed by the state board of education... Sec. 33. K.S.A. 2019 Supp. 48-925... (e)... pursuant to the governor's state of disaster emergency proclamation issued on May 26, 2020, the governor shall not have the power or authority to restrict businesses from operating or to restrict the movement or gathering of individuals. The provisions of this subsection shall expire on September 15, 2020.... (h) The board of county commissioners of any county may issue an order relating to public health that includes provisions that are less stringent than the provisions of an executive order effective statewide issued by the governor. Any board of county commissioners issuing such an order must make the following findings and include such findings in the order: (1) The board has consulted with the local health officer...; (2) following such consultation, implementation of the full scope of the provisions in the governor's executive order are not necessary to protect the public health and safety of the county; and (3) all other relevant findings to support the board's decision.
Enforcement
Legislative act; sec. 6(b) orders exceeding the limits 'shall be null and void'; amended K.S.A. 48-939 penalties; secs. 8-15 COVID-19 liability protection act.
Notes
Also codified telemedicine, temporary licensure, electronic notarization (sec. 17), certain liquor sales, hospital surge capacity (sec. 21), and contact-tracing rules (sec. 16, expired May 1, 2021).
Retrieval noteSigning date June 8, 2020 from the Husch tracker (June 9 report) and the Register publication of June 9, 2020; the enrolled bill's approval line is blank in the PDF.