{"id":"KS-040","kind":"order","level":"state","jurisdiction":"Kansas","state":"KS","metro":"","industry":"","agency":"","eco":"","issuer":"Kansas Legislature","authority":"L. 2021 ch. 6; effective on publication in the Kansas Register (Mar. 25, 2021, 40 Kan. Reg. No. 12A)","instrument":"Senate Bill 40 (2021)","title":"An act concerning governmental response to certain emergencies; prescribing powers, duties and functions of the board of education of each school district... related to the COVID-19 health emergency and establishing judicial review thereof;... modifying the procedure for the declaration and extension of a state of disaster emergency...; authorizing the legislative coordinating council and the legislature to take certain actions...; prohibiting certain actions by the governor related to the COVID-19 health emergency and revoking all executive orders related to such emergency on March 31, 2021;... authorizing the legislative coordinating council to revoke certain orders issued by the secretary of health and environment; limiting powers granted to local health officers","dateIssued":"2021-03-24","effective":"2021-03-25","end":"Emergency continued through May 28, 2021; LCC extension to June 15, 2021; expired June 15, 2021","startDate":"2021-03-25","endDate":"2021-09-30","quarters":["2021Q1","2021Q2","2021Q3"],"types":["EMER","SCH","MASK","OTHER"],"addressees":["Governor","Legislative Coordinating Council","KDHE Secretary","boards of education","boards of county commissioners","local health officers"],"clause":"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\u0027s 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":"Legislative act; expedited district-court review of school and county COVID-19 actions; KDHE Secretary orders revocable by the LCC (K.S.A. 65-101(c)).","functions":["predicate; ends the gubernatorial layer; devolves schools to boards and local orders to county commissions"],"notes":"Also amended K.S.A. 65-201 to make the local health officer advisory to the board of county commissioners.","sourceUrl":"http://www.kslegislature.org/li_2022/b2021_22/measures/documents/sb40_enrolled.pdf","snapshot":"","fileExists":true,"fileBytes":156204,"grade":"primary","character":"","description":"","collection":"KS","url":"/library/KS-040","exhibitUrl":"/exhibit/KS-040","citation":"Kansas Legislature, Senate Bill 40 (2021) (Mar. 24, 2021) (Ex. KS-040)","stateName":"Kansas","related":["DUT-KS-011","KS-041","DUT-KS-001","DUT-KS-009","KS-039"]}