Bill Summary – FastDemocracy

SESSION OF 2021
    SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2048
          As Amended by House Committee on Judiciary

Brief*
     HB 2048, as amended, 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 4)
      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 through March 5, 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.

Extension of Provisions
      The bill would amend statutory provisions regarding the
following to extend their expiration from January 26, 2021,
until June 1, 2021:
____________________
*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
     ●    Removal of alcohol from premises of a licensed
          club or drinking establishment (Section 1); and
     ●    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 3). This section also would be
          amended to permit this procedure when the
          Legislature is adjourned during session for three or
          more days and to remove a termination date of
          September 15, 2020.
The following provisions would be extended from January 26,
2021, until December 31, 2021:
     ●    Telemedicine (Section 8); and
     ●    Business immunity from liability for a COVID-19
          claim (Section 11).
      The bill would amend a statute regarding unemployment
eligibility to extend the waiver of a waiting week requirement
from December 26, 2020, through March 14, 2021, in
accordance with the federal Families First Coronavirus
Response Act and the federal CARES Act (Section 2).
     In the section of KEMA governing powers of the
Governor during a state of disaster emergency, the bill would
extend provisions regarding the powers of the Governor and
boards of county commissioners enacted in 2020 Special
Session HB 2016 from January 26, 2021, until January 24,
2022 (Sections 5 and 6). [Note: Section 5 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.]

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      Effective January 24, 2022, the bill (in Section 6) 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 continued by
this bill.

Closure or Cessation of Business Activity (Section 7)
       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 ordering the closure or cessation of any for-
profit or non-profit business or commercial activity and from
issuing an order preventing the movement or gathering of
individuals.
     The expiration date of this statute also would be
extended from January 26, 2021, until June 1, 2021.

Temporary Licensure (Section 9) and Health Care
  Services (Section 10)
     The bill would amend a statute allowing the State Board
of Healing Arts (Board) to grant temporary emergency
licenses to practice the professions overseen by the Board to
add a provision allowing an applicant to practice in Kansas
pursuant to such a license upon submission of a non-resident
health care provider certification form to the Kansas Health

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Care Stabilization Fund and without paying the annual
premium surcharge required by the Health Care Provider
Insurance Availability Act. The bill also would extend the
expiration of this statute from January 26, 2021, until
December 31, 2021.
     The bill also would amend a statute temporarily
expanding the scope of practice of various specified and
unspecified health care professionals and providing related
immunity to remove the provision allowing unspecified health
care professionals licensed in another state to practice their
profession in Kansas and providing immunity for the same.
The bill would extend the expiration of this statute from
January 26, 2021, until December 31, 2021.

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


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      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);
     ●    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.

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     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.
    HB 2048 was introduced by the House Committee on
Federal and State Affairs at the request of Representative
Arnberger.

House Committee on Judiciary
      In the House Committee hearing on January 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, and National
Federation of Independent Business. Representatives of
Greater Kansas City Chamber of Commerce, Kansas
Advanced Practice Nurses Association, Kansas Association
of Counties, Kansas Wine and Spirits Wholesalers
Association, League of Kansas Municipalities, National
Council of State Boards of Nursing, Overland Park Chamber
of Commerce, and Renew Kansas Biofuels Association
provided written-only proponent testimony. A representative of
the Kansas State Board of Healing Arts testified as a neutral
conferee on the bill and requested several amendments. A
private citizen testified as an opponent of the bill.
     On January 14, 2021, the House Committee amended
the bill to:
     ●    Remove language regarding the termination of the
          COVID-19 state of disaster emergency on
          September 15, 2020;

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      ●     Adjust the language of the amendments to the
            provisions regarding closure or cessation of
            business activity;
      ●     Extend the KEMA provisions regarding the powers
            of the Governor and boards of county
            commissioners enacted in 2020 Special Session
            HB 2016 until January 24, 2022, instead of June 1,
            2021;
      ●     Remove the provision allowing unspecified out-of-
            state health care professionals to temporarily
            practice in Kansas (requested by the Kansas State
            Board of Healing Arts); and
      ●     Add the provision regarding the Kansas Health
            Care Stabilization Fund non-resident certification.
Fiscal Information
     No fiscal note was available when the House Committee
took action on the bill.


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


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Statutes affected: 
As introduced: 41-2653, 44-705, 48-924, 48-924b, 48-925, 48-925a, 48-963, 48-965, 48-966, 60-5504
As Amended by House Committee: 41-2653, 44-705, 48-924, 48-924b, 48-925, 48-925a, 48-963, 48-965, 40-3404, 48-966, 60-5504