Bill Summary – FastDemocracy

Special Session of 2020
                               SENATE BILL No. 7
                               By Committee on Judiciary
                                         6-3

 AN ACT concerning governmental response to the 2020 COVID-19
   pandemic in Kansas; providing certain relief related to health, welfare,
   property and economic security during this public health emergency;
   making and concerning appropriations for the fiscal years ending June
   30, 2020, and June 30, 2021, for the governor's department; requiring
   the state finance council's approval for certain expenditures; relating to
   the state of disaster emergency; powers of the governor and executive
   officers; providing certain limitations and restrictions; business and
   commercial activities; violations of the Kansas emergency management
   act; relating to the closure of schools by executive order; requiring state
   board of education approval prior to any such closure; enacting the
   COVID-19 response and reopening for business liability protection act;
   relating to limitations on liability associated with the COVID-19 public
   health emergency; providing immunity from civil liability for certain
   healthcare providers during the COVID-19 public health emergency;
   providing an affirmative defense for adult care homes; enacting the
   COVID-19 contact tracing privacy act; relating to privacy of persons
   whose information is collected through contact tracing and the
   confidentiality of contact data; authorizing the secretary of health and
   environment and local health officers to establish and operate systems
   of contact tracing during the COVID-19 pandemic; validating certain
   notarial acts performed while the requirements that a person must
   appear before a notary public are suspended; requiring local health
   officers to share certain information with first responder agencies and
   911 call centers; imposing requirements on the Kansas department for
   aging and disability services related to infection prevention and control
   practices and recommendations, infection control inspections and
   providing personal protective equipment; authorizing the expanded use
   of telemedicine in response to the COVID-19 public health emergency
   and imposing requirements related thereto; suspending certain
   requirements related to medical care facilities and expiring such
   provisions; providing for temporary suspension of certain healthcare
   professional licensing and practice requirements; delegation and
   supervision requirements; conditions of licensure and renewal and
   reinstatement of licensure; relating to authorized use of two-way
   electronic audiovisual communication by courts to secure the health
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    and safety of court users, staff and judicial officers; authorizing the
    temporary sale of alcoholic liquor for consumption off of certain
    licensed premises; relating to changes in the employment security law
    in response to the COVID-19 public health emergency; eligibility for
    benefits; contribution rates; federal reimbursement; employer
    notifications; shared work plan eligibility; authorizing counties to adopt
    orders relating to public health that are less stringent than statewide
    executive orders; relating to review, amendment or revocation of local
    disaster orders by the board of county commissioners; review,
    amendment or revocation of local disaster orders of a mayor by a city
    governing body; relating to local health officers; appointment, removal,
    powers and duties; providing for severability of this act; amending
    section 1 of 2020 House Substitute for Senate Bill No. 102, K.S.A. 48-
    924, 48-932, 48-939, 65-201, 65-202 and 65-468 and K.S.A. 2019
    Supp. 19-101a, 41-2653, 44-702, 44-705, as amended by section 2 of
    2020 Senate Bill No. 27, 44-709, 44-710, 44-757, 48-925 and 48-925,
    as amended by section 33 of this act, and repealing the existing
    sections.
19
 Be it enacted by the Legislature of the State of Kansas:
     Section 1.
                       GOVERNOR'S DEPARTMENT
     (a) There is appropriated for the above agency from the following
 special revenue fund or funds for the fiscal year ending June 30, 2020, all
 moneys now or hereafter lawfully credited to and available in such fund or
 funds, except that expenditures other than refunds authorized by law shall
 not exceed the following:
 Coronavirus relief fund - federal fund (252-00-3753)......................No limit
 Provided, That all moneys in the coronavirus relief fund - federal fund
 shall be used for the purposes of relief for the effects of coronavirus in the
 state of Kansas as set forth in such federal grant or receipt: Provided
 further, That, notwithstanding any law to the contrary, during the fiscal
 year ending June 30, 2020, no moneys shall be disbursed or expended
 from the coronavirus relief fund - federal fund by the above agency
 without the approval of the governor and a majority of the legislative
 members of the state finance council acting on this matter, which is hereby
 characterized as a matter of legislative delegation and subject to the
 guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto,
 except that such disbursements and expenditures may also be approved
 while the legislature is in session: And provided further, That the state
 finance council is hereby authorized to approve the disbursement and
 expenditure of moneys from the coronavirus relief fund - federal fund for
 such purposes.
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    Sec. 2.
                       GOVERNOR'S DEPARTMENT
     (a) There is appropriated for the above agency from the following
 special revenue fund or funds for the fiscal year ending June 30, 2021, all
 moneys now or hereafter lawfully credited to and available in such fund or
 funds, except that expenditures other than refunds authorized by law shall
 not exceed the following:
 Coronavirus relief fund - federal fund (252-00-3753)......................No limit
 Provided, That all moneys in the coronavirus relief fund - federal fund
 shall be used for the purposes of relief for the effects of coronavirus in the
 state of Kansas as set forth in such federal grant or receipt: Provided
 further, That, notwithstanding any law to the contrary, during the fiscal
 year ending June 30, 2021, no moneys shall be disbursed or expended
 from the coronavirus relief fund - federal fund by the above agency
 without the approval of the governor and a majority of the legislative
 members of the state finance council acting on this matter, which is hereby
 characterized as a matter of legislative delegation and subject to the
 guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto,
 except that such disbursements and expenditures may also be approved
 while the legislature is in session: And provided further, That the state
 finance council is hereby authorized to approve the disbursement and
 expenditure of moneys from the coronavirus relief fund - federal fund for
 such purposes.
     Sec. 3. (a) On the effective date of this act, notwithstanding the
 provisions of section 189 of chapter 68 of the 2019 Session Laws of
 Kansas for fiscal year 2020 and section 179 of 2020 Senate Bill No. 66 for
 fiscal year 2021, for fiscal year 2020 and fiscal year 2021 concerning each
 federal grant or other federal receipt that is received by a state agency
 named in chapter 68 of the 2019 Session Laws of Kansas or 2020 Senate
 Bill No. 66, that concerns moneys from the federal government for aid to
 the state of Kansas for coronavirus relief as appropriated in section 601(c)
 (2)(A) of the federal CARES act, public law 116-136, and that is not
 otherwise appropriated to that state agency for fiscal year 2020 or 2021 by
 chapter 68 of the 2019 Session Laws of Kansas, 2020 Senate Bill No. 66
 or this appropriation act of the 2020 special session of the legislature, such
 federal grant or other federal receipt is hereby appropriated for fiscal year
 2020 and fiscal year 2021 to the coronavirus relief fund - federal fund
 (252-00-3753) of the governor's department for the purpose set forth in
 such federal grant or receipt and subject to the provisions of section 1 and
 2: Provided, however, That if the provisions of a federal grant or receipt
 require the related federal moneys to be placed in a separate special
 revenue fund or an existing special revenue fund, such federal moneys
 shall be credited to such fund, but any such disbursement and expenditure
     SB 7                                4
 of such federal moneys shall be subject to the provisions of sections 1 and
 2, including any existing special revenue fund that was appropriated as a
 no-limit fund in chapter 68 of the 2019 Session Laws of Kansas for fiscal
 year 2020 and 2020 Senate Bill No. 66 for fiscal year 2021.
     (b) On the effective date of this act, the provisions of section 189 of
 chapter 68 of the 2019 Session Laws of Kansas for fiscal year 2020 and
 section 179 of 2020 Senate Bill No. 66 for fiscal year 2021, for fiscal year
 2020 and fiscal year 2021 concerning each federal grant or other federal
 receipt that is received by a state agency named in chapter 68 of the 2019
 Session Laws of Kansas or 2020 Senate Bill No. 66 and that concerns
 moneys from the federal government for aid to the state of Kansas for
 coronavirus relief as appropriated in section 601(c)(2)(A) of the federal
 CARES act, public law 116-136, shall be null and void and shall have no
 force and effect.
     Sec. 4. (a) On the effective date of this act, notwithstanding the
 provisions of section 189 of chapter 68 of the 2019 Session Laws of
 Kansas for fiscal year 2020 and section 179 of 2020 Senate Bill No. 66 for
 fiscal year 2021, in addition to the other purposes for which expenditures
 may be made by any state agency that is named in chapter 68 of the 2019
 Session Laws of Kansas or 2020 Senate Bill No. 66, expenditures may be
 made by such state agency from moneys appropriated for fiscal year 2020
 and fiscal year 2021 by chapter 68 of the 2019 Session Laws of Kansas,
 2020 Senate Bill No. 66 or this appropriation act of the 2020 special
 session of the legislature to apply for and receive federal grants during
 fiscal year 2020 and fiscal year 2021, that federal grants are hereby
 authorized to be applied for and received by such state agencies that
 concern moneys from the federal government for aid to the state of Kansas
 for coronavirus relief as appropriated in the federal CARES act, public law
 116-136, the federal coronavirus preparedness and response supplemental
 appropriations act, 2020, public law 116-123, the federal families first
 coronavirus response act, public law 116-127, the federal paycheck
 protection program and health care enhancement act, public law 116-139
 and any other federal law that appropriates moneys to the state for aid for
 coronavirus relief, subject to the following provisions: Provided, That no
 expenditure shall be made from and no obligation shall be incurred against
 any such federal grant or other federal receipt that has not been previously
 appropriated or reappropriated, until the state finance council has
 authorized the state agency to make expenditures therefrom: Provided
 further, That such requests may be approved by the governor and a
 majority of the legislative members of the state finance council acting on
 this matter, which is hereby characterized as a matter of legislative
 delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c),
 and amendments thereto, except that such disbursements and expenditures
     SB 7                                 5
 may also be approved while the legislature is in session: And provided
 further, That the state finance council is hereby authorized to approve the
 requests for such purposes: And provided further, That upon receipt of such
 approval by the state finance council, the requesting state agency is
 authorized to expend all approved moneys now or hereafter lawfully
 credited to and available in such fund or funds during fiscal year 2020 and
 fiscal year 2021.
     (b) During the fiscal years ending June 30, 2020, and June 30, 2021,
 notwithstanding the provisions of any other law, executive order or
 executive directive, no expenditure shall be made from and no obligation
 shall be incurred against any coronavirus relief fund – federal fund created
 by executive directive No. 20-517 or any other executive order or
 executive directive that is created for any state agency to receive and
 expend federal moneys for aid to the state of Kansas for coronavirus relief
 until the state finance council has approved such expenditure or obligation
 as provided in subsection (a).
     (c) On the effective date of this act, the provisions of section 189 of
 chapter 68 of the 2019 Session Laws of Kansas for fiscal year 2020 and
 section 179 of 2020 Senate Bill No. 66, for fiscal year 2020 and fiscal year
 2021 concerning each federal grant or other federal receipt that is received
 by a state agency named in chapter 68 of the 2019 Session Laws of Kansas
 or 2020 Senate Bill No. 66 and that concerns moneys from the federal
 government for aid to the state of Kansas for coronavirus relief as
 appropriated in the federal CARES act, public law 116-136, the federal
 coronavirus preparedness and response supplemental appropriations act,
 2020, public law 116-123, the federal families first coronavirus response
 act, public law 116-127, the federal paycheck protection program and
 health care enhancement act, public law 116-139 and any other federal law
 that appropriates moneys to the state for aid for coronavirus relief, shall be
 null and void and shall have no force and effect.
     New Sec. 5. (a) The state of disaster emergency that was declared by
 the governor pursuant to K.S.A. 48-924, and amendments thereto, as a
 result of the COVID-19 health emergency, by proclamation on March 12,
 2020, which was ratified and continued in force and effect through May 1,
 2020, by 2020 House Concurrent Resolution No. 5025, adopted by the
 house of representatives with the senate concurring therein on March 19,
 2020, declared by proclamation on April 30, 2020, which was extended
 and continued in existence by the state finance council on May 13, 2020,
 for an additional 12 days through May 26, 2020, and declared by
 proclamation on May 26, 2020, for all 105 counties of Kansas, is hereby
 ratified and continued in existence from March 12, 2020, through
 September 15, 2020.
     (b) The governor shall not proclaim any new state of disaster
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 emergency related to the COVID-19 health emergency during 2020, unless
 the governor makes specific application to the state finance council and an
 affirmative vote of at least six of the legislative members of the council
 approve such action by the governor.
     New Sec. 6. (a) On and after September 15, 2020, during any state of
 disaster emergency declared pursuant to K.S.A. 48-924, and amendments
 thereto, the governor may not order the closure or cessation of any
 business or commercial activity, whether for-profit or not-for-profit, for
 more than 15 days. At least 24 hours prior to the issuance of such order,
 the governor shall call a meeting of the state finance council for the
 purpose of consulting with the council regarding the conditions
 necessitating the issuance of such order. After such initial order or orders
 providing for the closure or cessation of any business or commercial
 activity have resulted in 15 days of such closures or cessation of business
 or commercial activity, the governor may not order the closure or cessation
 of business or commercial activity, except upon specific application by the
 governor to the state finance council and an affirmative vote of at least six
 of the legislative members of the council, the governor may order the
 closure or cessation of business or commercial activity as approved by the
 council for specified periods not to exceed 30 days each.
     (b) Any order issued that violates or exceeds the restrictions provided
 in subsection (a) shall not have the force and effect of law during the
 period of a state of disaster emergency declared under K.S.A. 48-924(b),
 and amendments thereto, and any such order shall be null and void.
     (c) The provisions of this section shall expire on January 26, 2021.
     New Sec. 7. Notwithstanding any other provision of law to the
 contrary, no executive order issued by the governor pursuant to K.S.A. 48-
 925, and amendments thereto, that has the effect of closing public or
 private school attendance centers in this state shall be effective unless and
 until such order has been affirmed by the state board of education by
 adoption of a resolution by a majority of the members of the state board.
 Prior to issuing any such executive order, the governor shall submit such
 proposed executive order to the state board of education. Upon receipt of
 such proposed executive order, the state board shall meet as soon as
 reasonably possible to review such proposed order and, if a majority of the
 members of the state board determines such order is in the best interests of
 the students in this state, to adopt a