Special Session of 2020
SENATE BILL No. 8
By Committee on Judiciary
6-3

1 AN ACT concerning governmental response to the 2020 COVID-19
2 pandemic in Kansas; providing certain relief related to health, welfare,
3 property and economic security during this public health emergency;
4 making and concerning appropriations for the fiscal years ending June
5 30, 2020, and June 30, 2021, for the legislative coordinating council
6 and the governor's department; relating to the state of disaster
7 emergency; powers of the governor and executive officers; providing
8 certain limitations and restrictions; business and commercial activities,
9 local health officials; violations of the emergency management act;
10 enacting the COVID-19 response and reopening for business liability
11 protection act; relating to limitations on liability associated with the
12 COVID-19 public health emergency; providing immunity from civil
13 liability for healthcare providers during the COVID-19 public health
14 emergency; validating certain notarial acts performed while the
15 requirements that a person must appear before a notary public are
16 suspended; requiring county health officers to share certain information
17 with first responder agencies and 911 call centers; imposing
18 requirements on the Kansas department for aging and disability
19 services related to infection prevention and control practices and
20 recommendations, infection control inspections and providing personal
21 protective equipment; authorizing the expanded use of telemedicine in
22 response to the COVID-19 public health emergency and imposing
23 requirements related thereto; suspending certain requirements related to
24 medical care facilities and expiring such provisions; providing for
25 temporary suspension of certain healthcare professional licensing and
26 practice requirements; delegation and supervision requirements;
27 conditions of licensure and renewal and reinstatement of licensure;
28 relating to authorized use of two-way electronic audiovisual
29 communication by courts to secure the health and safety of court users,
30 staff and judicial officers; authorizing the temporary sale of alcoholic
31 liquor for consumption off of certain licensed premises; relating to
32 changes in the employment security law in response to the COVID-19
33 public health emergency; eligibility for benefits; contribution rates;
34 federal reimbursement; employer notifications; shared work plan
35 eligibility; authorizing counties to adopt orders relating to public health
36 that are less stringent than statewide executive orders; requiring the
 SB 8 2
1 board of county commissioners to approve orders of a local health
2 officer; requiring city governing bodies to approve local disaster orders
3 of the mayor; providing for severability of this act; amending section 1
4 of 2020 House Substitute for Senate Bill No. 102, K.S.A. 48-924, 48-
5 932, 48-939, 65-201, 65-202 and 65-468 and K.S.A. 2019 Supp. 19-
6 101a, 41-2653, 44-702, 44-705, as amended by section 2 of 2020
7 Senate Bill No. 27, 44-709, 44-710, 44-757 and 48-925 and repealing
8 the existing sections.
9
10 Be it enacted by the Legislature of the State of Kansas:
11 Section 1.
12 LEGISLATIVE COORDINATING COUNCIL
13 (a) There is appropriated for the above agency from the following
14 special revenue fund or funds for the fiscal year ending June 30, 2020, all
15 moneys now or hereafter lawfully credited to and available in such fund or
16 funds, except that expenditures other than refunds authorized by law shall
17 not exceed the following:
18 Coronavirus relief fund.....................................................................No limit
19 Provided, That, all moneys in the coronavirus relief fund shall be used for
20 the purposes of relief for the effects of coronavirus in the state of Kansas
21 as set forth in such federal grant or receipt: Provided further, That, the
22 director of the budget shall submit each request of a state agency for
23 expenditures from the coronavirus relief fund during the fiscal year ending
24 June 30, 2020, to the legislative budget committee: And provided further,
25 That, the legislative budget committee shall meet and review each such
26 request of the director of the budget and shall report such committee's
27 recommendation on each such request to the legislative coordinating
28 council: And provided further, That, after receiving recommendations from
29 the legislative budget committee, expenditures may be made from the
30 coronavirus relief fund upon an affirmative vote of the legislative
31 coordinating council in accordance with K.S.A. 46-1202, and amendments
32 thereto, except that such disbursements and expenditures may be approved
33 while the legislature is in session: And provided further, That, the
34 legislative coordinating council is hereby authorized to approve the
35 disbursement and expenditure of moneys from the coronavirus relief fund
36 for such purposes: And provided further, That, upon receipt of such
37 approval by the legislative coordinating council, the director of accounts
38 and reports is hereby authorized to transfer such moneys from the
39 coronavirus relief fund to a newly created special revenue fund of the
40 requesting state agency: And provided further, That, there is appropriated
41 for such requesting state agency from the newly created special revenue
42 fund or funds for the fiscal year ending June 30, 2020, all moneys now or
43 hereafter lawfully credited to and available in such fund or funds.
 SB 8 3
1 (b) On the effective date of this act, the director of accounts and
2 reports shall transfer all moneys in the coronavirus relief fund - federal
3 fund (252-00-3753) of the governor's department to the coronavirus relief
4 fund of the legislative coordinating council. On the effective date of this
5 act, all liabilities of the coronavirus relief fund - federal fund are hereby
6 transferred to and imposed on the coronavirus relief fund and the
7 coronavirus relief fund - federal fund is hereby abolished.
8 Sec. 2.
9 LEGISLATIVE COORDINATING COUNCIL
10 (a) There is appropriated for the above agency from the following
11 special revenue fund or funds for the fiscal year ending June 30, 2021, all
12 moneys now or hereafter lawfully credited to and available in such fund or
13 funds, except that expenditures other than refunds authorized by law shall
14 not exceed the following:
15 Coronavirus relief fund.....................................................................No limit
16 Provided, That, all moneys in the coronavirus relief fund shall be used for
17 the purposes of relief for the effects of coronavirus in the state of Kansas
18 as set forth in such federal grant or receipt: Provided further, That, the
19 director of the budget shall submit each request of a state agency for
20 expenditures from the coronavirus relief fund during the fiscal year ending
21 June 30, 2021, to the legislative budget committee: And provided further,
22 That, the legislative budget committee shall meet and review each such
23 request of the director of the budget and shall report such committee's
24 recommendation on each such request to the legislative coordinating
25 council: And provided further, That, after receiving recommendations from
26 the legislative budget committee, expenditures may be made from the
27 coronavirus relief fund upon an affirmative vote of the legislative
28 coordinating council in accordance with K.S.A. 46-1202, and amendments
29 thereto, except that such disbursements and expenditures may be approved
30 while the legislature is in session: And provided further, That, the
31 legislative coordinating council is hereby authorized to approve the
32 disbursement and expenditure of moneys from the coronavirus relief fund
33 for such purposes: And provided further, That, upon receipt of such
34 approval by the legislative coordinating council, the director of accounts
35 and reports is hereby authorized to transfer such moneys from the
36 coronavirus relief fund to a newly created special revenue fund of the
37 requesting state agency: And provided further, That, there is appropriated
38 for such requesting state agency from the newly created special revenue
39 fund or funds for the fiscal year ending June 30, 2021, all moneys now or
40 hereafter lawfully credited to and available in such fund or funds.
41 Sec. 3. (a) On the effective date of this act, notwithstanding the
42 provisions of section 189 of chapter 68 of the 2019 Session Laws of
43 Kansas for fiscal year 2020 and section 179 of 2020 Senate Bill No. 66 for
 SB 8 4
1 fiscal year 2021, for fiscal year 2020 and fiscal year 2021 concerning each
2 federal grant or other federal receipt that is received by a state agency
3 named in chapter 68 of the 2019 Session Laws of Kansas or 2020 Senate
4 Bill No. 66, that concerns moneys from the federal government for aid to
5 the state of Kansas for coronavirus relief as appropriated in section 601(c)
6 (2)(A) of the federal CARES act, public law 116-136, and that is not
7 otherwise appropriated to that state agency for fiscal year 2020 or 2021 by
8 chapter 68 of the 2019 Session Laws of Kansas, 2020 Senate Bill No. 66
9 or this appropriation act of the 2020 regular session of the legislature, such
10 federal grant or other federal receipt is hereby appropriated for fiscal year
11 2020 and fiscal year 2021 to the coronavirus relief fund of the legislative
12 coordinating council for the purpose set forth in such federal grant or
13 receipt.
14 (b) On the effective date of this act, the provisions of section 189 of
15 chapter 68 of the 2019 Session Laws of Kansas for fiscal year 2020 and
16 section 179 of 2020 Senate Bill No. 66 for fiscal year 2021, for fiscal year
17 2020 and fiscal year 2021 concerning federal grants or other federal
18 receipt that are received by a state agency named in chapter 68 of the 2019
19 Session Laws of Kansas or 2020 Senate Bill No. 66 and that concerns
20 moneys from the federal government for aid to the state of Kansas for
21 coronavirus relief as appropriated in section 601(c)(2)(A) of the federal
22 CARES act, public law 116-136, shall be null and void and shall have no
23 force and effect.
24 Sec. 4. (a) On the effective date of this act, notwithstanding the
25 provisions of section 189 of chapter 68 of the 2019 Session Laws of
26 Kansas for fiscal year 2020 and section 179 of 2020 Senate Bill No. 66 for
27 fiscal year 2021, in addition to the other purposes for which expenditures
28 may be made by any state agency that is named in chapter 68 of the 2019
29 Session Laws of Kansas or 2020 Senate Bill No. 66, expenditures may be
30 made by such state agency from moneys appropriated for fiscal year 2020
31 and fiscal year 2021 by chapter 68 of the 2019 Session Laws of Kansas,
32 2020 Senate Bill No. 66, or this appropriation act of the 2020 regular
33 session of the legislature, to apply for and receive federal grants during
34 fiscal year 2020 and fiscal year 2021, which federal grants are hereby
35 authorized to be applied for and received by such state agencies that
36 concerns moneys from the federal government for aid to the state of
37 Kansas for coronavirus relief as appropriated in the federal CARES act,
38 public law 116-136, the coronavirus preparedness and response
39 supplemental appropriations act, 2020, public law 116-123, the federal
40 families first coronavirus response act, public law 116-127, the federal
41 paycheck protection program and health care enhancement act, public law
42 116-139, and any other federal law that appropriates moneys to the state
43 for aid for coronavirus relief, subject to the following provisions:
 SB 8 5
1 Provided, That, no expenditure shall be made from and no obligation shall
2 be incurred against any such federal grant or other federal receipt that has
3 not been previously appropriated or reappropriated, until the legislative
4 coordinating council has authorized the state agency to make expenditures
5 therefrom: Provided further, That, the director of the budget shall submit
6 each such federal grant expenditure request of a state agency concerning
7 coronavirus relief during fiscal year 2020 and fiscal year 2021, to the
8 legislative budget committee: And provided further, That, the legislative
9 budget committee shall meet and review each such federal grant
10 expenditure request of the director of the budget and shall report such
11 committee's recommendation on each such federal grant expenditure
12 request to the legislative coordinating council: And provided further, That,
13 after receiving recommendations from the legislative budget committee,
14 such requests may be approved upon an affirmative vote of the legislative
15 coordinating council in accordance with K.S.A. 46-1202, and amendments
16 thereto, except that such requests may be approved while the legislature is
17 in session: And provided further, That the legislative coordinating council
18 is hereby authorized to approve the requests for such purposes: And
19 provided further, That, upon receipt of such approval by the legislative
20 coordinating council, the requesting state agency is authorized to expend
21 all approved moneys now or hereafter lawfully credited to and available in
22 such fund or funds during fiscal year 2020 and fiscal year 2021.
23 (b) On the effective date of this act, the provisions of section 189 of
24 chapter 68 of the 2019 Session Laws of Kansas for fiscal year 2020 and
25 section 179 of 2020 Senate Bill No. 66, for fiscal year 2020 and fiscal year
26 2021 concerning federal grants or other federal receipt that are received by
27 a state agency named in chapter 68 of the 2019 Session Laws of Kansas or
28 2020 Senate Bill No. 66 and that concerns moneys from the federal
29 government for aid to the state of Kansas for coronavirus relief as
30 appropriated in the federal CARES act, public law 116-136, the
31 coronavirus preparedness and response supplemental appropriations act,
32 2020, public law 116-123, the federal families first coronavirus response
33 act, public law 116-127, the federal paycheck protection program and
34 health care enhancement act, public law 116-139, and any other federal
35 law that appropriates moneys to the state for aid for coronavirus relief,
36 shall be null and void and shall have no force and effect.
37 New Sec. 5. (a) The state of disaster emergency that was declared by
38 the governor pursuant to K.S.A. 48-924, and amendments thereto, by
39 proclamation on March 12, 2020, which was ratified and continued in
40 force and effect through May 1, 2020, by 2020 House Concurrent
41 Resolution No. 5025, adopted by the house of representatives with the
42 senate concurring therein on March 19, 2020, and declared by
43 proclamation on April 30, 2020, which was extended and continued in
 SB 8 6
1 existence by the state finance council on May 13, 2020, for an additional
2 12 days through May 26, 2020, for all 105 counties of Kansas, as a result
3 of the COVID-19 health emergency, is hereby ratified and continued in
4 existence from March 12, 2020, through May 31, 2020.
5 (b) The governor shall not proclaim any new state of disaster
6 emergency related to the COVID-19 health emergency during 2020, unless
7 the governor makes specific application to the state finance council and an
8 affirmative vote of at least six of the legislative members of the council
9 approve such action by the governor.
10 (c) Notwithstanding section 6, and amendments thereto, if the
11 governor proclaims a new state of disaster emergency as described in
12 subsection (b), the governor shall make specific application to the state
13 finance council and an affirmative vote of at least six of the legislative
14 members of the council shall be required to order the closure or cessation
15 of any business or commercial activity.
16 New Sec. 6. (a) During any state of disaster emergency declared
17 pursuant to K.S.A. 48-924, and amendments thereto, the governor may
18 order the closure or cessation of any business or commercial activity,
19 whether for-profit or not-for-profit, in response to any or all conditions
20 necessitating the declared state of disaster emergency for 15 days. Only
21 upon specific application by the governor to the state finance council and
22 an affirmative vote of at least six of the legislative members of the council,
23 the closure or cessation of business or commercial activity may be
24 extended for specified periods not to exceed 30 days each.
25 (b) Any order issued that violates or exceeds the restrictions provided
26 in subsection (a) shall not have the force and effect of law during the
27 period of a state of disaster emergency declared under K.S.A. 48-924(b),
28 and amendments thereto, and any such order shall be null and void.
29 (c) The provisions of this section shall expire on January 26, 2021.
30 New Sec. 7. Sections 7 through 13, and amendments thereto, shall be
31 known and may be cited as the COVID-19 response and reopening for
32 business liability protection act.
33 New Sec. 8. As used in the COVID-19 response and reopening for
34 business liability protection act, unless the context otherwise requires:
35 (a) "COVID-19" means the novel coronavirus identified as SARS-
36 CoV-2, the disease caused by the nove