The States

Kansas

Name: Kansas: governmental orders, March 2020 through September 2021
Creator: The COVID Project

The Kansas file holds 91 instruments from the State's governor, health authorities, courts and agencies, 90 of them with the exhibit file held by The COVID Project. 122 records in the Library resolve to Kansas in all, counting its metros, the agency clusters and the standing duties.

Code KSFirst closure or stay-at-home order Mar. 24, 2020 Ex. KS-008End of general restrictions May 26, 2020Orders reaching 2021 Q3 14Primary source read 84 Confirmed from a secondary source 7

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The record in brief

Kansas ran a short, sharp statewide regime and a long county-driven one. Governor Laura Kelly proclaimed a State of Disaster Emergency on March 12, 2020 (K.S.A. 48-924), ratified by HCR 5025 through May 1, 2020. Executive Order 20-04 (March 17) banned gatherings of more than 50 effective 12:01 p.m. that day and closed K-12 school buildings for the school year (EO 20-07). EO 20-14 (March 24) banned gatherings of 10 or more from 12:01 p.m. March 25 and superseded less restrictive local orders; EO 20-15 (March 24) created the Kansas Essential Function Framework (KEFF) that every local stay-home order had to honor. EO 20-16 (March 28), effective 12:01 a.m. March 30, 2020, directed all individuals to stay home except for essential activities and KEFF work, required telework 'to the extent possible without significant disruption to essential functions,' capped gatherings at 10, and superseded all local stay-home orders; EO 20-24 extended it to 11:59 p.m. May 3, 2020, and EOs 20-18 and 20-25 applied the ten-person cap to religious services and funerals. The Ad Astra reopening followed: EO 20-29 (Phase One, 12:00 a.m. May 4: ten-person cap; bars, casinos, theaters, gyms, salons and personal services closed to the public; venues of 2,000 or more, fairs, pools, sports and camps closed), EO 20-31 (Phase 1.5, May 18: salons by appointment; gyms without group classes), EO 20-34 (Phase 2, 12:00 a.m. May 22: fifteen-person cap; bars still closed). General statewide business, gathering and movement restrictions ended May 26, 2020: the April 30 declaration on which EO 20-34 rested lapsed with the State Finance Council's extension, and the Governor's May 26, 2020 proclamation stated that no order under it 'will be used to restrict businesses from operating or to restrict the movement or gathering of individuals'; the Kansas Supreme Court recorded that the Ad Astra plan became 'guidance only' that day. HB 2016 (published June 9, 2020) ratified the declarations through September 15, 2020, barred gubernatorial business closures of more than fifteen days thereafter, required State Board of Education affirmation for school closures, and (K.S.A. 48-925(h)) let county commissions adopt less stringent orders. From May 26, 2020 the binding layer was county and city: Sedgwick County (masks from July 10, 2020; bars closed July 24-August 21; curfews; the November 10, 2020 order capping gatherings at 100 or 50 percent with an 11 p.m. alcohol and dining curfew and $500 fines; orders replaced through March 15, 2021 and lifted March 24, 2021), Wichita (Ordinance 51-307 masks July 8-October 21, 2020), Shawnee County (Resolution 2020-44 masks from July 9; bar and restaurant order July 7; home-quarantine order July 15; the November 12, 2020 order limiting gatherings to 10 and closing bars at midnight), Douglas County (stay-home March 24, 2020; gatherings 15 from November 13 and 10 from November 20, 2020 with venues capped at 100 or 50 percent and a 10 p.m. close; the August 18, 2021 youth mask order in force August 19-September 22, 2021), and Johnson and Wyandotte Counties (MET-KC). The statewide mask order EO 20-52 (July 2, effective 12:01 a.m. July 3, 2020) bound every person and every business, subject to county opt-outs; EO 20-59 (effective August 10, 2020) imposed masks, distancing, hourly sanitizing and daily temperature checks in every K-12 school; EO 20-68 (effective November 25, 2020) restored the mask requirement in opted-out counties without local orders; EO 20-69 (effective December 14, 2020) required testing in adult care homes; EO 20-61 (August 17, 2020) reinstated the eviction and foreclosure moratorium. SB 14 (January 25, 2021) continued the emergency to March 31, 2021; SB 40 (March 24, 2021) continued it to May 28, 2021, revoked every COVID-19 executive order on March 31, 2021, gave the Legislative Coordinating Council power to revoke new orders and to extend the emergency in thirty-day steps, gave school boards sole control of school COVID-19 rules, and made local health officer orders subject to county commission approval. The Governor reissued thirteen orders on April 1, 2021 (EO 21-09 to 21-21); the LCC revoked the mask order EO 21-14 the same day. The LCC extended the emergency to June 15, 2021 and on June 15, 2021 declined to extend it; under K.S.A. 48-925(b) every executive order became null and void; EO 21-23 (June 14) had already rescinded seven. The KDHE Secretary re-imposed adult care home testing by order of June 18, 2021 under K.S.A. 65-101 and 65-128. The KDHE travel-related quarantine mandate ran continuously from March 2020 (Alabama, Arizona, Arkansas, Florida, South Carolina and cruise and international travel in July 2020; 500-person gatherings and Aruba in October 2020; Delaware, Michigan, Rhode Island, New Jersey, New York and listed countries in March-April 2021; South American and Asian countries in June 2021; French Polynesia, Guadeloupe and Grenada on September 23, 2021) through at least November 18, 2021. The Kansas Supreme Court restricted courts to emergency operations from March 18, 2020, reopened them under local health consultation from May 1 and June 16, 2020, required masks from July 3, 2020, suspended statutes of limitations and statutory deadlines from March 19, 2020 until April 15, 2021 (and for K.S.A. 22-4303, 60-1501, 60-1507 and 61-3002(b) until August 2, 2021), and kept 2021-PR-048 (screening protocols; distancing and masks by local conditions; remote hearings) in force from June 1, 2021 to March 2, 2022. Executive Branch offices were closed March 21-April 5, 2020 and State employees returned to in-person work June 13, 2021 with masks required in State facilities. Kansas imposed no health-care-worker or State-employee vaccination mandate through September 30, 2021. Q3 2021 in force: the KDHE travel quarantine mandate, the KDHE adult care home testing order, 2021-PR-048 and 2021-PR-100, the Douglas County youth mask order (August 19-September 22, 2021), Kansas State University's mask requirement, the State-facility mask requirement, and school-district masking rules under SB 40; not in force: the emergency, every gubernatorial order, the statewide and Sedgwick County mask orders, the stay-home and Ad Astra orders, and most court deadline suspensions.

The six quarters

What the record shows in force in Kansas on the first day and the last day of each quarter. Every exhibit named here opens its record. The orders of March 13 to 31, 2020 belong to the second quarter of 2020, because wages paid after March 12, 2020 fall in that quarter.

Quarter	First day	Last day
2020 Q2Second quarter of 2020The quarter nationally →	EO 20-16 stay-home (KS-009/KS-010), EO 20-14 gatherings of 10 (KS-007), EO 20-15 KEFF (KS-008), EO 20-07 schools closed (KS-005), EO 20-10 evictions (KS-011), KDHE travel quarantine (KS-053), Kan. Sup. Ct. 2020-PR-016 emergency operations and deadline suspension (KS-060), Executive Branch offices closed to Apr. 5 (KS-006).	No statewide business, gathering or stay-home restriction since May 26, 2020 (KS-023); Phase 3 recommended (KS-026); HB 2016 in force (KS-027); EOs 20-35 to 20-51 reissued to Sept. 15 (KS-028); KDHE travel quarantine (KS-054); courts under 2020-PR-076 with deadlines suspended (KS-064, KS-066); local Phase 3 orders in Sedgwick, Douglas, Shawnee, Johnson, Wyandotte.
2020 Q3Third quarter of 2020The quarter nationally →	As June 30 plus EO 20-52 masks from July 3 (KS-030), court mask order from July 3 (KS-067); Sedgwick County masks from July 10 (KS-081); Wichita Ord. 51-307 (KS-088); Shawnee County Res. 2020-44 and July 7 bar order (KS-089, KS-090).	EO 20-52 (opt-out counties excepted); EO 20-59 school masks and screening (KS-033); EO 20-61 evictions (KS-034); EO 20-64 reissues to Jan. 26, 2021 (KS-035); KDHE travel quarantine (500-person gatherings; Aruba); courts under 2020-PR-099 and 2020-PR-101 (KS-068, KS-069); Sedgwick County Sept. 3 and Sept. 17 orders (KS-084).
2020 Q4Fourth quarter of 2020The quarter nationally →	As Sept. 30, 2020.	EO 20-68 statewide mask protocol (KS-036); EO 20-69 adult care home testing (KS-037); EO 20-59; EO 20-61; courts under 2020-PR-123/124 with deadlines suspended (KS-070, KS-071); KDHE travel quarantine (KS-055); Sedgwick County Dec. 8 order (KS-086); Shawnee County Nov. 12 order (KS-092); Douglas County Nov. 20 order (KS-094).
2021 Q1First quarter of 2021The quarter nationally →	As Dec. 31, 2020.	SB 40 revoked every COVID-19 EO at the end of Mar. 31, 2021 (KS-040); until then EOs 20-68, 20-59, 20-61, 20-69 and the EO 21-02 reissues (KS-038) in force; statutory deadlines still suspended (resumed Apr. 15) (KS-072); KDHE travel quarantine with vaccination exemption (KS-056 series); Sedgwick County lifted all orders Mar. 24, 2021 (KS-087).
2021 Q2Second quarter of 2021The quarter nationally →	EOs 21-09 to 21-21 reissued (KS-042 to KS-046, KS-049); EO 21-14 masks revoked by the LCC the same day (KS-045, KS-047); emergency through May 28 (SB 40), then June 15, 2021 (LCC); courts under 2020-PR-123/124 until June 1.	Emergency expired June 15, 2021 (KS-058); every EO void (K.S.A. 48-925(b)); KDHE adult care home testing order of June 18, 2021 (KS-052); KDHE travel quarantine (KS-056); courts under 2021-PR-048 (KS-073); State offices returned to in-person work June 13 with masks required in State facilities (KS-048).
2021 Q3Third quarter of 2021The quarter nationally →	No emergency; no EO. In force: KDHE travel quarantine mandate (KS-056/KS-057); KDHE adult care home testing order (KS-052); Kan. Sup. Ct. 2021-PR-048 (KS-073) and 2021-PR-100 (deadlines of K.S.A. 22-4303, 60-1501, 60-1507, 61-3002(b) suspended to Aug. 2) (KS-074).	KDHE travel quarantine mandate (list updated Sept. 23, 2021) (KS-057); KDHE adult care home testing order (KS-052); 2021-PR-048 (KS-073); Douglas County youth mask order Aug. 19-Sept. 22 (KS-095); K-State mask requirement (KS-096); school-district masking rules under SB 40 sec. 1 (secondary).

The end of general restrictions

The day the general business restrictions ended in Kansas, the instrument that ended them, and what the record shows still in force afterward. The end of the general orders is not the end of the record: sector rules, standing duties and the federal layer continue past it.

End of general restrictions

May 26, 2020

Instrument State of Disaster Emergency Proclamation of May 26, 2020 (KS-023), replacing the April 30, 2020 declaration on whose life EO 20-34 (Ad Astra Phase 2) depended; 'No gubernatorial executive orders issued under the authority premised on this Proclamation will be used to restrict businesses from operating or to restrict the movement or gathering of individuals.' Confirmed by HB 2016 sec. 33 (K.S.A. 48-925(e), through Sept. 15, 2020) and by Kan. Sup. Ct. AOs 2020-PR-062 and 2020-PR-076 ('a proclamation making the Ad Astra plan guidance only').

What remained in force

KDHE travel-related quarantine mandate (to Nov. 2021); EO 20-07 school-building closure to the end of the 2019-20 year; court emergency and reopening orders and statutory-deadline suspensions (to Apr. 15, 2021 and Aug. 2, 2021); eviction and foreclosure moratoria (EO 20-10 to May 31, 2020; EO 20-61 Aug. 17, 2020 to June 15, 2021 via EO 21-13); statewide mask orders EO 20-52 (July 3, 2020) and EO 20-68 (Nov. 25, 2020) to Mar. 31, 2021, with county opt-outs; EO 20-59 K-12 mitigation (Aug. 10, 2020 to Mar. 31, 2021); adult care home licensure and testing orders (to June 15, 2021) and the KDHE Secretary's testing order (June 18, 2021 onward); licensing, notary, alcohol-to-go and unemployment orders; and the county and city orders of Sedgwick, Wichita, Shawnee, Douglas, Johnson and Wyandotte.

Preemption of local orders

Three phases. (1) March 24-May 3, 2020, state preemption: EO 20-14 para. 4 'supersedes any less restrictive order by any local health department' (more restrictive local orders unaffected); EO 20-15 para. 1 'supersedes and overrides the provisions of any local stay home or similar order that fails to exempt the [KEFF] essential functions'; EO 20-16 para. 5 'While this order is in effect it supersedes all local stay home or similar orders... no local jurisdiction shall issue or enforce any more or less restrictive stay home or similar orders. Local authorities retain any authority to issue or enforce isolation or quarantine orders.' (2) May 4-26, 2020: EO 20-29 paras. 7 and 9 allowed more restrictive local orders but required them to allow KEFF functions; from May 26, 2020 the State set no binding baseline and counties acted under K.S.A. 65-119 and 65-202. (3) June 9, 2020 onward: HB 2016 sec. 33 (K.S.A. 48-925(h)) let any board of county commissioners, after consulting the local health officer, issue an order 'less stringent than the provisions of an executive order effective statewide,' which 'shall operate in the county in lieu of the governor's executive order'; EO 20-52 para. 6 and EO 20-68 paras. 1 and 7 preserved local authority to be 'equally or more restrictive.' SB 40 (Mar. 25, 2021) revoked all COVID-19 EOs on Mar. 31, 2021, subjected new gubernatorial and KDHE orders to revocation by the Legislature or the Legislative Coordinating Council, gave school boards exclusive control of school COVID-19 rules with expedited judicial review, and required local health officer orders to be approved by the board of county commissioners (K.S.A. 65-201 as amended). Kansas therefore never barred local orders; it barred less stringent county orders only until June 9, 2020 and thereafter made counties the primary regulators.

Third quarter of 2021

July 1 through September 30, 2021, the last claimable quarter: the instruments the record shows in force in Kansas. An order in force on any day of the quarter is an order in force during it. The quarter nationally →

In force (10)

KS-057 KDHE Travel & Exposure Related Isolation/Quarantine mandate (unvaccinated travelers from listed locations; 500-person gatherings; cruises; close contacts), list updated June 3 and Sept. 23, 2021
KS-052 KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes (June 18, 2021; K.S.A. 65-101, 65-128; in force until modified or rescinded)
KS-073 Kan. Sup. Ct. AO 2021-PR-048 (court operations from June 1, 2021 to Mar. 2, 2022: minimum standard health protocols, screening, distancing and masks by local conditions, remote hearings)
KS-074 Kan. Sup. Ct. AO 2021-PR-100 (July 1, 2021: deadlines of K.S.A. 22-4303, 60-1501, 60-1507, 61-3002(b) suspended until Aug. 2, 2021)
Kan. Sup. Ct. AOs 2021-PR-021 and 2021-PR-022 (Mar. 30, 2021; two-way audio-visual proceedings in district, appellate and municipal courts; not tied to the emergency) (not saved as exhibits; cited by number)
KS-095 Douglas County Emergency Order of Local Health Officer and County Commission (Aug. 18, 2021): masks for ages 2-11 in indoor public spaces, health-care settings and transportation, Aug. 19-Sept. 22, 2021
KS-096 Kansas State University temporary face mask requirement on all campuses (Aug. 2021)
School-district masking rules for 2021-22 under SB 40 sec. 1 (Wichita USD 259, Topeka USD 501, Lawrence USD 497; Johnson County and Kansas City districts via MET-KC) (verified_secondary; no exhibit)
Johnson County and Wyandotte County instruments (MET-KC)
Federal layer in Kansas: CDC conveyance mask order (86 Fed. Reg. 8025), TSA security directives, OSHA Healthcare ETS 29 C.F.R. 1910.502 (from June 21, 2021), CMS QSO memoranda (FED-A/FED-B)

Sector chronology

How the orders reached each kind of business in Kansas, sector by sector, in the order the record gives. Open a sector to read its chronology; every exhibit named opens its record.

Restaurants and bars

Dine-in permitted with 6-ft table separation and no self-service from Mar. 17, 2020 (EO 20-04); ten-customer ceiling from Apr. 18 (EO 20-25); local stay-home orders closed dining rooms Mar. 24-30; statewide stay-home Mar. 30-May 3, 2020; Phase One May 4 (dining with separation or barriers; bars and night clubs closed); Phase 1.5 May 18 and Phase 2 May 22 (bars closed; 15-person groups); guidance only from May 26, 2020; Sedgwick County bars closed July 24-Aug. 21, 2020 and 11 p.m.-midnight curfews in Sedgwick, Shawnee, Johnson and Wyandotte through Feb. 2021, 10 p.m. in Douglas from Nov. 20, 2020; alcohol carry-out EO 20-27 (Apr. 22, 2020), 20-42, 21-11, SB 14; masks for staff and patrons July 3, 2020-Mar. 31, 2021.

Retail

Non-KEFF retail closed to in-person operation Mar. 30-May 3, 2020 (curbside and delivery under KEFF 200.6.b); reopened May 4 with 6-ft separation and no more than ten in any area; masks for employees and customers July 3, 2020-Mar. 31, 2021 (EO 20-52, 20-68); Sedgwick County required stores to enforce masks Nov. 11, 2020-Mar. 24, 2021.

Personal care

Salons, barber shops, nail, tanning and tattoo closed Mar. 30-May 17, 2020 (EO 20-16; EO 20-29 para. 5.c.v); open only for pre-scheduled appointments or online check-in from May 18 (EO 20-31); masks with a face-service exception July 3, 2020-Mar. 31, 2021.

Fitness and entertainment

Fitness centers, theaters, museums, indoor leisure spaces and casinos closed Mar. 25 (EO 20-14) or Mar. 30 through May 17, 2020; fitness without group classes from May 18; group classes and state casinos from May 22; venues of 2,000 or more, fairs, festivals, carnivals, parades, pools and summer camps closed through May 26, 2020; Douglas County venues capped at 100 or 50 percent from Nov. 20, 2020; Sedgwick County venues capped at 100 or 50 percent with spectators limited to two per participant from Nov. 11, 2020.

Hotels and short-term rentals

Hotels exempt from the gathering bans on condition of restaurant and bar rules (EO 20-04 para. 2.h); 'Operate or maintain hotels or motels' a KEFF 400.9.h function; KDHE quarantine mandate on arriving travelers Mar. 2020-Nov. 2021.

Offices and telework

EO 20-16 para. 3 permitted 'the conduct of business, government, or other operations or activities through telework, telecommunications, or other work-from-home capabilities'; para. 9(c): 'All individuals performing essential functions authorized by this order must--to the extent possible without significant disruption to essential functions--use telework capabilities to avoid meeting in person'; EO 20-25 exempted office spaces from the gathering ban only for KEFF functions; Executive Branch offices closed Mar. 21-Apr. 5, 2020 (39 Kan. Reg. 315) and State employees returned June 13, 2021 (KS-048); judiciary 2020-PR-062: 'To the extent possible, telework should be used'; Sedgwick and Douglas stay-home orders required non-essential businesses to 'cease all activities at their places of business' except work 'from their own residences.'

Manufacturing

'Manufacturing, processing, distribution, and production facilities' exempt from the gathering bans (EO 20-14 para. 2.w; EO 20-25); KEFF 400 functions permitted during the stay-home order under the same conditions; masks from July 3, 2020; meat-processing plant outbreaks recited in the May 26, 2020 proclamation.

Construction

KEFF functions ('Construct or repair roads'; 'Construct, maintain, or clean buildings'; housing construction) permitted during the stay-home order subject to telework-where-possible and 6-ft requirements; ten-person gathering limit Mar. 25-May 3, 2020; masks in enclosed shared spaces July 3, 2020-Mar. 31, 2021.

Real estate

'Provide real estate services' a KEFF 400.9.e function; remote notarization Apr. 9, 2020-June 15, 2021 (EO 20-20, 20-40, 21-10); eviction and foreclosure moratoria Mar. 23-May 31, 2020 and Aug. 17, 2020-June 15, 2021 (EO 20-10, 20-61, 21-13).

Hospitals and long-term care

Adult care home licensure and staffing waivers (EO 20-23, 20-41, 20-56, 21-12); mandatory staff and resident testing in state-licensed adult care homes from Dec. 14, 2020 (EO 20-69, 21-15) and from June 18, 2021 under the KDHE Secretary's order (KS-052); telemedicine and licensing relief (EO 20-08, 20-26, 20-35; SB 14; SB 283 to Mar. 31, 2022).

Dental and elective health care

Dental offices were KEFF health-care functions and stayed open for emergency care; no statewide elective-procedure suspension order located (March 2020 KDHE and Kansas Dental Board postponement statements were advisory); EO 20-26 (Apr. 22, 2020) relaxed scope-of-practice rules; masks in 'physician or dental office' July 3, 2020-Mar. 31, 2021; OSHA Healthcare ETS from June 21, 2021.

Schools

K-12 buildings closed Mar. 17, 2020 for the balance of 2019-20 (EO 20-07); fewer than ten present for normal operations in Phase One; masks, distancing, hourly sanitizing and daily temperature checks in every K-12 school Aug. 10, 2020-Mar. 31, 2021 (EO 20-59); SB 40 sec. 1 gave boards of education sole authority from Mar. 25, 2021; 2021-22 masking by district (Wichita, Topeka, Lawrence, Johnson County; secondary) and Douglas County youth mask order Aug. 19-Sept. 22, 2021.

Child care

Licensed child care exempt from the gathering bans and permitted throughout (EO 20-04 para. 2.g; EO 20-14; EO 20-29 para. 6.a.iii 'pursuant to state and local regulations'); KDHE licensing guidance; tuberculin-testing waiver EO 21-04/21-19 (Feb. 19-June 15, 2021).

Worship and gatherings

50-person ceiling Mar. 17 (religious exempt with distancing); ten-person ceiling Mar. 25 (religious exempt) and Apr. 8-May 3, 2020 for religious services and funerals (EO 20-18, 20-25; federal TRO for two churches Apr. 18, 2020); ten persons May 4-17; fifteen May 22-26; recommendations thereafter (45 in Phase 3); local caps of 10 (Shawnee from Nov. 13, 2020; Douglas from Nov. 20, 2020), 15 (Douglas from Nov. 13, 2020), 100 or 50 percent (Sedgwick from Nov. 11, 2020) into early 2021.

Courts and public offices

Emergency court operations Mar. 18-May 1, 2020; reopening under local health consultation from May 1 and June 16, 2020; masks in courts from July 3, 2020; statutory deadlines suspended Mar. 19, 2020-Apr. 15, 2021 (remaining categories to Aug. 2, 2021); Executive Branch offices closed Mar. 21-Apr. 5, 2020; driver's license and registration deadlines extended Mar. 23, 2020-June 30, 2021 (EO 20-12, 20-36, 20-55, 20-64, 20-70, 21-16).

Travel and quarantine

KDHE 14-day (later test-shortened) home quarantine for travelers from listed states, countries, cruises and 500-person gatherings, Mar. 2020 through at least Nov. 18, 2021; Shawnee County home quarantine order July 15, 2020; judiciary workforce travel quarantine (2020-PR-062).

Face coverings

Statewide July 3, 2020-Mar. 31, 2021 with county opt-outs (EO 20-52; EO 20-68 from Nov. 25, 2020 for opted-out counties without local orders); EO 21-14 Apr. 1, 2021 (revoked same day); courts July 3, 2020-Mar. 2, 2022 (by local condition after June 1, 2021); Sedgwick County July 10, 2020-Mar. 24, 2021; Wichita July 8-Oct. 21, 2020; Shawnee County from July 9, 2020; Douglas County (no opt-out) from July 3, 2020 and youth order Aug. 19-Sept. 22, 2021; State facilities from June 13, 2021; K-State Aug. 2021.

Vaccination mandates

None imposed by the State on health-care workers or State employees through Sept. 30, 2021; testing mandates in adult care homes (EO 20-69, 21-15, KDHE order of June 18, 2021); vaccinator authorizations (EO 21-06, 21-21); the November 2021 special session (HB 2001, vaccine-mandate exemptions) is post-period.

Standing duties

The statutes, codes and penalty provisions of Kansas that stood before March 2020 and ran through every claimable quarter. They are the reason nothing an employer did under the orders was voluntary. Read the Kansas duties →

Kansas law made the pandemic protocols compulsory through five layers, each in force on every day of the six quarters. First, the communicable-disease statutes of chapter 65, article 1: the Secretary of Health and Environment 'shall exercise general supervision of the health of the people of the state' and may 'take action to prevent the introduction of infectious or contagious disease into this state and to prevent the spread of infectious or contagious disease within this state' (K.S.A. 65-101(a)(5), text through 2021 shown in KS-040 § 11 and DUT-KS-001 § 1); every county board of health and local health officer 'shall immediately exercise and maintain a supervision over' every case and see that the provisions on 'isolation, restriction of communication, quarantine and disinfection are duly enforced,' and was 'empowered and authorized to prohibit public gatherings when necessary for the control of any and all infectious or contagious disease' (K.S.A. 65-119(a), period text in DUT-KS-001 § 2, current text DUT-KS-002); the local health officer 'shall use all known measures to prevent the spread of any such infectious, contagious or communicable disease' (K.S.A. 65-202, DUT-KS-010); the Secretary 'is authorized to issue such orders and adopt rules and regulations as may be medically necessary and reasonable to prevent the spread and dissemination of diseases,' including 'the isolation and quarantine of persons afflicted with or exposed to such diseases' (K.S.A. 65-128(b), DUT-KS-005), 'may quarantine any area' when a local officer neglects to act (K.S.A. 65-126, DUT-KS-003), and, with every local health officer, 'may order an individual or group of individuals to go to and remain in places of isolation or quarantine' and may order any sheriff or law enforcement officer 'to assist in the execution or enforcement of any order' (K.S.A. 65-129b(a)(1)(B), (a)(2), period text, DUT-KS-007, DUT-KS-001 § 3, DUT-KS-017 at 9-10). Disobedience is an offense: a class C misdemeanor for any person 'violating, refusing or neglecting to obey' the Secretary's rules or who 'evades or breaks quarantine' (K.S.A. 65-129, DUT-KS-006), and a fine of $25 to $100 for each offense against K.S.A. 65-118, 65-119, 65-122, 65-123 or 65-126 (K.S.A. 65-127, DUT-KS-004). The KDHE travel and exposure quarantine mandate (KS-053 to KS-057), in force through every quarter to November 2021, rested on these sections. Second, the Kansas Emergency Management Act: the Governor's orders 'shall have the force and effect of law' (K.S.A. 2019 Supp. 48-925(b), quoted by the Supreme Court in Kelly v. Legislative Coordinating Council, DUT-KS-020 at 4), and every 'knowing and willful violation' of 'any lawful order or proclamation' issued under the Act was a class A misdemeanor, punishable by up to one year in the county jail and a $2,500 fine, from March 12 to June 8, 2020 (K.S.A. 48-939, DUT-KS-011; DUT-KS-018 n.5); from June 9, 2020, HB 2016 § 36 converted the sanction to a civil penalty of up to $2,500 per violation, enforced by the Attorney General or the county or district attorney with injunctive relief (KS-027 § 36; DUT-KS-019 at 1-2); SB 40 § 9 kept the civil penalty and restored the class A misdemeanor for curfew and area-entry orders from March 25, 2021 (KS-040 § 9). Third, the workplace-safety duty: the Secretary of Labor inspects 'any factory or mill, workshop, private works, public works or state agency or mercantile establishment, laundry or other business location where labor is or is intended to be performed,' examines 'the methods of protection from danger to employees and the sanitary conditions,' and orders 'changes in methods of operation or the taking of any other measures the secretary may deem appropriate and necessary for the safety and protection of the employees,' with a misdemeanor fine for each day of willful violation (K.S.A. 44-636(a), (g), DUT-KS-013); Kansas is a federal-OSHA State for private employers, so 29 U.S.C. 654(a)(1) and OSHA's COVID-19 enforcement instruments (FED-088, FED-089, FED-082, FED-083, FED-080, AGY-FED-LABOR-IMMIGRATION-031) supplied the content of the safe-workplace duty; and no Kansas employer could discharge an employee 'solely because the employee or an immediate family member of the employee is under an order of isolation or quarantine' (K.S.A. 65-129d, DUT-KS-008). Fourth, the liability shield: the COVID-19 Response and Reopening for Business Liability Protection Act (HB 2016 §§ 8-15, June 9, 2020, KS-027; K.S.A. 60-5504, DUT-KS-015; extended to March 31, 2022 by SB 283 § 5, DUT-KS-016) immunized a business from a COVID-19 claim only 'if such person was acting pursuant to and in substantial compliance with public health directives applicable to the activity,' and defined 'public health directives' as what 'is required by law to be followed related to public health and COVID-19,' naming State statutes, rules and executive orders, 'federal statutes or regulations from federal agencies, including the United States centers for disease control and prevention and the occupational safety and health administration,' and every lawful county, city and local-health-officer order under the Act (K.S.A. 60-5502(j), DUT-KS-014). Fifth, the orders themselves let a business operate only on conditions: under EO 20-16 every essential function 'must... use telework capabilities to avoid meeting in person' and on-site work 'must... follow appropriate safety protocols, including maintaining a six-foot distance between individuals and following other directives regarding social distancing, hygiene, and other efforts to slow the spread of COVID-19' (KS-009, KS-010 ¶ 9(c)); under the Ad Astra orders businesses 'can open if they comply with the following: i. Maintain at least 6 feet of distance between customers or groups of customers;... ii. Follow fundamental cleaning and public health practices detailed on covid.ks.gov; and iii. Avoid any instances in which groups of more than 10 individuals are in one location' (EO 20-29 ¶ 5(a), KS-019; EO 20-34 ¶ 5(a) with fifteen, KS-022), while industry-specific guidelines were what businesses 'should follow' and additional best practices were 'strongly encouraged' (¶ 5(b), recorded as recommendations); under EO 20-52 and EO 20-68 'all businesses or organizations in Kansas must require all employees, customers, visitors, members, or members of the public to wear a mask or other face covering' in the enumerated settings (KS-030 ¶ 2; KS-075 ¶ 2). The Attorney General told every prosecutor and law enforcement officer in the State on March 24, 2020 that these orders carried criminal penalties and that officers 'have the same duty and authority to enforce these misdemeanors as to enforce any other misdemeanor' (DUT-KS-017 at 8), on April 8, 2020 that 'while compliance previously was voluntary,' the Governor's exercise of K.S.A. 48-925(c) made violation 'punishable by imprisonment and/or a fine' (DUT-KS-018 at 2), and on July 2, 2020 that HB 2016 made violation of the mask order 'a civil violation and not a crime' enforceable by penalty or injunction (DUT-KS-019 at 1-2).

The question these duties answer

Whether the pandemic measures Kansas employers took beyond the closure, gathering and capacity terms of the Governor's executive orders were 'voluntary' (Notice 2021-20 Q&A-14) or were compelled by standing legal duties and by the conditions the orders themselves attached to operating.

By character

4 Statutory authority
3 Liability shield condition
3 Order penalty
2 Agency position statement
2 Statutory duty
2 Workplace duty
1 Adjudication
1 Agency interpretation
1 Sanitary code duty

Exhibits

Ex. DUT-KS-001 Ex. DUT-KS-002 Ex. DUT-KS-003 Ex. DUT-KS-004 Ex. DUT-KS-005 Ex. DUT-KS-006 Ex. DUT-KS-008 Ex. DUT-KS-009 Ex. DUT-KS-010 Ex. DUT-KS-011 Ex. DUT-KS-012 Ex. DUT-KS-013 Ex. DUT-KS-014 Ex. DUT-KS-015 Ex. DUT-KS-016 Ex. DUT-KS-017 Ex. DUT-KS-018 Ex. DUT-KS-019 Ex. DUT-KS-020

The Kansas duties, read in full 19 duty records in the Library →

On the calendar

Every dated instrument in the Kansas file across the nineteen months from March 2020 through September 2021, in the order it took effect. A bar takes the color of the instrument's first limitation type and runs from its effective month through its end month; a fading edge marks an instrument whose end the record does not date. Point at a bar for its dates; open the bar for the record.

Emergency declaration 14Stay-at-home 7Business closure 14Telework mandate 10Capacity limit 12Gathering cap 31Face-covering requirement 24Travel and quarantine 7Schools and child care 8Health care orders 13Curfew and hours 8Alcohol and bars 17Events and venues 10Courts and public offices 23Workplace rules 18Vaccination or testing 3Quarantine and isolation 9Other 16

Instrument

2020 Q2

2020 Q3

2020 Q4

2021 Q1

2021 Q2

2021 Q3

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

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Jan

Feb

Mar

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July

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Sept

Ex. KS-001 State of Disaster Emergency ProclamationGovernor Laura Kelly · Mar. 12, 2020

State of Disaster Emergency…

Ex. KS-004 39 Kan. Reg. No. 12A (Mar. 19, 2020), pp. 297-312: Executive Orders…Kansas Secretary of State (Kansas Register)… · Mar. 17, 2020

39 Kan. Reg. No. 12A (Mar.…

Ex. KS-005 Executive Order 20-07Governor Laura Kelly · Mar. 17, 2020

Executive Order 20-07

Ex. KS-060 Administrative Order 2020-PR-016Kansas Supreme Court (Chief Justice Marla… · Mar. 18, 2020