Senate Bill 40 (2021)

The record

Jurisdiction

Kansas

Level

State

Authority

L. 2021 ch. 6; effective on publication in the Kansas Register (Mar. 25, 2021, 40 Kan. Reg. No. 12A)

Issued

2021-03-24 Mar. 24, 2021

Effective

2021-03-25

End

Emergency continued through May 28, 2021; LCC extension to June 15, 2021; expired June 15, 2021 (read as 2021-09-30)

In force

Mar. 25, 2021 to Sept. 30, 2021

Quarters

2021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Emergency declarationFace-covering requirementSchools and child careOther

Addressees

• Governor
• Legislative Coordinating Council
• KDHE Secretary
• boards of education
• boards of county commissioners
• local health officers

Functions reached

• predicate; ends the gubernatorial layer; devolves schools to boards and local orders to county commissions

Collection

Kansas KS

Operative words

Sec. 5(a)... is hereby ratified and continued in existence from March 12, 2020, through May 28, 2021.... (c) Notwithstanding any other provision of law to the contrary, all executive orders issued during the state of disaster emergency ratified and continued in existence pursuant to this section related to the COVID-19 health emergency are hereby revoked on March 31, 2021, and shall be null and void. Any new executive orders... that are related to the COVID-19 health emergency shall be subject to revocation by the legislature or the legislative coordinating council pursuant to K.S.A. 48-925... Sec. 6 [K.S.A. 48-925(b)]: Such executive orders shall be null and void after the period of a state of disaster emergency has ended. Such executive orders may be revoked at any time by concurrent resolution of the legislature or, when the legislature is not in session or is adjourned during session for three or more days, such orders may be revoked by the legislative coordinating council with the affirmative vote of five members thereof.... [K.S.A. 48-925(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... (2) If the board of county commissioners of a county issues an order pursuant to paragraph (1), such order shall operate in the county in lieu of the governor's executive order.... Sec. 1 [school boards]: the board of education... shall have the authority to... take any action... that (A) Closes or has the effect of closing any school or attendance center...; (B) [limits] full-time, in-person attendance...; or (C) mandates any action by any students or employees of a school district while on school district property.

Enforcement

Notes