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Ex. DUT-KS-009 Standing duty Primary source read

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)

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

Kansas Legislature (K.S.A., Revisor of Statutes) · Kansas (State)

The COVID Project

The record

Jurisdiction
Kansas
Level
State
Authority
K.S.A. 65-201 (as amended L. 2020, ch. 1, § 37 (Special Session) and L. 2021, ch. 7, § 12)
Issued
2020-06-09 June 9, 2020
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) (read as 2021-03-25)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 25, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Stay-at-homeBusiness closureGathering capFace-covering requirementEvents and venuesStanding duty
Addressees
  • county boards of health and local health officers; persons and businesses subject to their orders
Character
statutory authority
Collection
Standing duties: Kansas DUT-KS

Operative words

(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.

Penalty

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)

What it required

Constitutes every board of county commissioners as the county board of health; from June 9, 2020 made every local health officer order, 'including orders issued as a result of an executive order of the governor,' 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 'mandating the wearing of face masks' and 'curtailing the operation of business.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

The history line ends 'L. 2021, ch. 7, § 12; March 25,' so the page text is the 2021 Q2-Q3 text. Sedgwick, Shawnee, Douglas and Johnson County orders in the library (KS-080 to KS-096) were issued by local health officers under 65-119, 65-201 and 65-202, with county emergency declarations under K.S.A. 48-932.