{"id":"DUT-KS-009","kind":"duty","level":"state","jurisdiction":"Kansas","state":"KS","metro":"","industry":"","agency":"","eco":"","issuer":"Kansas Legislature (K.S.A., Revisor of Statutes)","authority":"K.S.A. 65-201 (as amended L. 2020, ch. 1, § 37 (Special Session) and L. 2021, ch. 7, § 12)","instrument":"K.S.A. 65-201, County boards of health; local health officers; review, amendment or revocation of local health officer orders; approval by board of county commissioners; civil action (text from March 25, 2021)","title":"65-201. County, city-county and multicounty units; local health officers; appointment, tenure, removal; laws applicable; review, amendment or revocation of local health officer orders; limitation on certain orders; approval by board of county commissioners required; civil action for relief from orders","dateIssued":"2020-06-09","effective":"standing; the page text is the text in force from March 25, 2021 through 2021 Q3 (the June 9, 2020 text is in KS-027 § 37; the pre-June 2020 text is shown there as unstruck matter)","end":"standing","startDate":"2021-03-25","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","MASK","GATH","CLOSE","STAY","EVT"],"addressees":["county boards of health and local health officers; persons and businesses subject to their orders"],"clause":"(2) If a local health officer determines it is necessary to issue an order mandating the wearing of face masks, limiting the size of gatherings of individuals, curtailing the operation of business, controlling the movement of the population of the county or limiting religious gatherings, the local health officer shall propose such an order to the board of county commissioners.","enforcement":"orders under 65-119 and 65-202 enforced through K.S.A. 65-127 and 65-129 (DUT-KS-004, DUT-KS-006); county orders under the emergency management act through K.S.A. 48-939 (DUT-KS-011; KS-027 § 36; KS-040 § 9)","functions":[],"notes":"Constitutes every board of county commissioners as the county board of health; from June 9, 2020 made every local health officer order, \u0027including orders issued as a result of an executive order of the governor,\u0027 reviewable by the board (HB 2016 § 37, KS-027); from March 25, 2021 required board approval before a mask, gathering, business-curtailment, movement or religious-gathering order took effect and provided a 72-hour civil action for aggrieved parties. The Legislature thereby recognized in terms that local health officers issue orders \u0027mandating the wearing of face masks\u0027 and \u0027curtailing the operation of business.\u0027 Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://www.ksrevisor.gov/statutes/chapters/ch65/065_002_0001.html","snapshot":"","fileExists":true,"fileBytes":156133,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-KS","url":"/library/DUT-KS-009","exhibitUrl":"/exhibit/DUT-KS-009","citation":"Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-201, County boards of health; local health officers; review, amendment or revocation of local health officer orders; approval by board of county commissioners; civil action (text from March 25, 2021) (standing) (Ex. DUT-KS-009)","stateName":"Kansas","related":["KS-027","KS-080","KS-096","DUT-KS-004","DUT-KS-006","DUT-KS-011","KS-040","DUT-KS-003","DUT-KS-005","DUT-KS-012","DUT-KS-013"]}