The COVID Project
The record
- Jurisdiction
- Kansas
- Level
- State
- Authority
- Kan. Att'y Gen., Addendum 3 to Mem. of Mar. 24, 2020 (July 2, 2020), at 1-3
- Issued
- 2020-07-02 July 2, 2020
- Effective
- 2020-07-02
- End
- period guidance (governed enforcement of EO 20-52, 20-59 and 20-68 to March 31, 2021) (read as 2021-03-31)
- In force
- July 2, 2020 to Mar. 31, 2021
- Quarters
- 2020 Q32020 Q42021 Q1
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementWorkplace rulesStanding dutyOther
- Addressees
- businesses and organizations (mask mandate on employers); persons generally; prosecutors
- Character
- agency interpretation
- Collection
- Standing duties: Kansas DUT-KS
Operative words
Section 36 of House Bill 2016 repealed the criminal penalties found in K.S.A. 48-939 that previously attached to violations of an emergency order and replaced them with civil penalties or injunctive relief that may be ordered by a court in a lawsuit filed by the county or district attorney. Thus, violation of the Mask Order is now a civil violation and not a crime
Penalty
civil penalty up to $2,500 per violation; injunction or restraining order (K.S.A. 48-939 as amended by HB 2016 § 36, KS-027)
What it required
Confirms that from June 9, 2020 every emergency order, including the order that 'all businesses or organizations in Kansas must require' masks (EO 20-52 ¶ 2, KS-030), was enforced by civil penalty of up to $2,500 per violation and injunction on suit by the county or district attorney (or the Attorney General, n.6), 'in a manner much more similar to civil abatement of a common nuisance or to the Kansas Consumer Protection Act'; the first question for enforcement was whether the county had opted out under HB 2016 § 33. Character as recorded: agency_interpretation (Attorney General memorandum).
Retrieval noteFour pages. Footnote 2 gives the Register citation for HB 2016: '39 Kan. Reg. 755 (June 9, 2020).' The Addendum records that 'the House Bill 2016 amendments fundamentally shifted from the state's more than 8,000 law enforcement officers to the 105 county and district attorneys the discretion to determine in the first instance whether to commence enforcement of the Mask Order' (at 2).