SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 14
As Recommended by Senate Committee on
Judiciary

Brief*
SB 14 would amend law regarding the governmental
response to the coronavirus disease 2019 (COVID-19)
pandemic in Kansas, as follows. The bill would be in effect
upon publication in the Kansas Register.

Ratification and Extension of State of Disaster
Emergency (Section 3)
The bill would amend the statute ratifying and continuing
the COVID-19-related state of disaster emergency declared
by the Governor on March 12, 2020, to reflect the September
15, 2020, ratification and continuation of the state of disaster
emergency by 2020 Special Session HB 2016 and
subsequent extensions and continuations by the State
Finance Council, and would ratify and continue in existence
the state of disaster emergency until March 31, 2021. The bill
also would amend this statute to extend from 2020 through
2021 a provision prohibiting the Governor from proclaiming
any new state of disaster emergency related to the COVID-19
health emergency without approval by at least six legislative
members of the State Finance Council.


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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Extension of Provisions
The bill would amend statutory provisions regarding the
following to extend their expiration from January 26, 2021,
until March 31, 2021:
● Removal of alcohol from premises of a licensed
club or drinking establishment (Section 1);
● In the section of the Kansas Emergency
Management Act (KEMA) governing declaration of
a state of disaster emergency, provisions regarding
extension of the COVID-19 state of disaster
emergency when the Legislature is not in session
by application of the Governor to the State Finance
Council (Section 2). This section also would be
amended to permit this procedure when the
Legislature is adjourned during session for three or
more days;
● In the section of KEMA governing powers of the
Governor during a state of disaster emergency
(Section 4), extending provisions regarding the
powers of the Governor and boards of county
commissioners enacted in 2020 Special Session
HB 2016. [Note: This section appears to make
substantive amendments to the statute. However,
these apparent substantive amendments reflect
current statutory language and appear as
amendments only to continue the current language
beyond the original January 26, 2021, expiration
date.] Effective March 31, 2021, the bill (in Section
5) would return this section to the version effective
before enactment of 2020 Special Session HB
2016, removing the amendments made by 2020
Special Session HB 2016 and this bill;
● Telemedicine (Section 7);


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 ● Temporary emergency licensure by the State
Board of Healing Arts (Section 8);
● Temporary licensure measures for additional health
care providers (Section 9); and
● Business immunity from liability for a COVID-19
claim (Section 10).
Closure or Cessation of Business Activity (Section 6)
The bill would amend the KEMA statute limiting the
Governor’s closure or cessation of business activity by
limiting its application to a state of disaster related to the
COVID-19 public health emergency.
Under current law, this statute prohibits the Governor
from ordering the closure or cessation of any for-profit or non-
profit business or commercial activity for more than 15 days,
requires the Governor to consult with the State Finance
Council prior to issuing such an order, and requires approval
of six legislative members of the State Finance Council for
additional closure or cessation beyond 15 days. The bill
would amend these provisions to instead prohibit the
Governor from issuing an order that substantially burdens or
inhibits the gathering or movement of individuals or
operation of any religious, civic, business, or commercial
activity, whether for-profit or not-for-profit.
The expiration date of this statute also would be
extended from January 26, 2021, until March 31, 2021.


Background
As passed by the 2020 Legislature, Senate Sub. for HB
2054 created and amended law and made appropriations in

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response to the 2020 COVID-19 pandemic in Kansas. Among
the contents of the bill were provisions requiring Legislative
Coordinating Council approval of expenditures from federal
COVID-19 relief funds, ratification of state of disaster
emergencies declared in response to the COVID-19
pandemic, additional legislative oversight in the KEMA,
limitations on certain actions by or powers of the Governor in
KEMA, additional authority for boards of county
commissioners, liability limitations for health care
professionals and businesses, and codification of elements of
various executive orders issued in response to the COVID-19
pandemic.
On May 26, 2020, the Governor vetoed Senate Sub. for
HB 2054, citing certain changes to KEMA, the requirements
for approval of expenditures from federal COVID-19 relief
funds, and the liability limitations contained in the bill as policy
provisions she could not support.
The same day, the Governor issued a proclamation
calling the Legislature into Special Session, beginning June
3, 2020, “to extend the state of disaster emergency and to
enact appropriate amendments to the [KEMA] so as to
provide for emergency response to the effects of the COVID-
19 pandemic.”
The Legislative Coordinating Council authorized
meetings of the House and Senate Committees on Judiciary
to review portions of Senate Sub. for HB 2054. On June 2,
2020, the House and Senate Committees on Judiciary held
informational hearings on the status of negotiations between
legislative leadership and the Governor’s Office, including a
draft bill based upon the negotiations. The draft bill, based
upon 2020 Regular Session Senate Sub. for HB 2054, would
have modified or added a number of provisions, including:
● Oversight of Coronavirus Relief Fund moneys
(modified);

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 ● KEMA additions and amendments related to state
of disaster emergencies and the Governor’s
powers (modified);
● Authority of local officials (modified);
● Requiring State Board of Education approval for
school closure (added);
● The Liability Protection Act (modified);
● The Privacy Act (added); and
● Duties of the Kansas Department for Aging and
Disability Services regarding adult care homes
(modified).
Background information on Senate Sub. for HB 2054
may be found in the conference committee report brief for
that bill.
During the 2020 Special Session, the Legislature
passed HB 2016, based upon the language in the draft bill
and further negotiations. The Governor signed HB 2016 into
law on June 8, 2020. Multiple provisions in or amendments
made by HB 2016 are set to expire on January 26, 2021, and
in some cases the statutory language will revert to the
language effective prior to the enactment of HB 2016.
SB 14 was introduced by the 2021 Senate Committee
on Judiciary at the request of Senator Warren.

Senate Committee on Judiciary
In the Senate Committee hearing on January 12 and 13,
2021, proponents of the bill included representatives of
Centura Health, Kansas Association of Nurse Anesthetists,
Kansas Chamber, Kansas Hospital Association, Kansas
Justice Institute, Kansas Medical Society, Kansas Policy
Institute, Kansas Restaurant and Hospitality Association,
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League of Kansas Municipalities, and National Federation of
Independent Business. Representatives of Americans for
Prosperity, Fuel True (formally known as Petroleum
Marketers and Convenience Store Association of Kansas),
Greater Kansas City Chamber of Commerce, Kansas
Advanced Practice Nurses Association, Kansas Agribusiness
Retailers Association, Kansas Association of Counties,
Kansas Cooperative Council, Kansas Grain and Feed
Association, Kansas Wine and Spirits Wholesalers
Association, Interhab, National Council of State Boards of
Nursing, Overland Park Chamber of Commerce, and Renew
Kansas Biofuels Association provided written-only proponent
testimony. Representatives of the Kansas State Board of
Healing Arts and Sierra Club – Kansas Chapter testified as
neutral conferees on the bill. A private citizen testified as an
opponent of the bill.
[Note: On January 13, 2021, the Senate Committee
voted to add a statement of legislative intent to its minutes
regarding the bill’s application to certain health care
professionals.]

Fiscal Information
No fiscal note was available when the Senate
Committee took action on the bill.


COVID-19; telemedicine; temporary emergency licensure for healthcare
professionals; Kansas Emergency Management Act; sale of alcoholic liquor;
business liability


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Statutes affected:
As introduced: 41-2653, 48-924, 48-924b, 48-925, 48-925a, 48-963, 48-965, 48-966, 60-5504
Enrolled: 41-2653, 48-924, 48-924b, 48-925, 48-925a, 48-963, 48-965, 48-966, 60-5504