SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2227
As Amended by House Committee on Judiciary

Brief*
HB 2227, as amended, would amend law governing
orders issued by the Chief Justice to secure the health and
safety of court users, staff, and judicial officers during a state
of disaster emergency.

State of Disaster Emergency Suspension Orders
The bill would amend a statute that currently allows the
Chief Justice, during a state of disaster emergency, to issue
an order to extend or suspend statutory deadlines or time
limitations when the Chief Justice determines such action is
necessary to secure the health and safety of court users,
staff, and judicial officers to also allow the Chief Justice to
issue such orders during a state of local disaster emergency.
Orders issued could remain in effect up to 150 days after the
termination of the applicable state of disaster emergency or
state of local disaster emergency.
The bill would also allow the Chief Justice to suspend
appeals verification requirements contained in the Revised
Kansas Code for the Care of Children if the above conditions
are met.
Operation of Deadlines or Time Limitations Upon
Termination of Order
The bill would provide that on the date an order issued
under this statute terminates, for a deadline or a time
____________________
*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
limitation that did not begin to run due to the order, a person
would have the full period provided by law to comply with
such deadline or time limitation.
The bill would provide that on the date an order issued
under this statute terminates, for a deadline or time limitation
that was extended or suspended due to the order, a person
would have the same number of days to comply with the
deadline or time limitation as the person had when the
deadline or time limitation was extended or suspended.

Audio-visual Communication
The bill would amend the provision allowing the Chief
Justice to issue an order to authorize the use of a two-way
electronic audio-visual communication in any court
proceeding after a determination that such action is
necessary to secure the health and safety of court users,
staff, and judicial officers, to also authorize such action when
necessary to expeditiously resolve pending cases.

Sunset Provision
The bill would extend the sunset for the provisions
relating to the Chief Justice’s authority to issue orders to
extend or suspend statutory deadlines, time limitations, or
appeals verifications from March 31, 2021, to June 30, 2022.
The bill would be in effect upon publication in the
Kansas Register.

Background
The bill was introduced by the House Committee on
Judiciary at the request of Representative Patton.


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House Committee on Judiciary
In the House Committee hearing on February 9, 2021,
representatives of the Kansas Bar Association and the
Kansas Judicial Branch testified as proponents of the bill,
stating the bill would provide the courts flexibility in
responding to emergencies like the COVID-19 pandemic
while maintaining safety in continuity of operations.
Written-only proponent testimony was submitted by
representatives of the League of Kansas Municipalities.
Written-only neutral testimony was submitted by
representatives of the Kansas Association of Criminal
Defense Lawyers. No other testimony was provided.
On February 23, 2021, the House Committee amended
the bill to add a provision clarifying the operation of deadlines
and time limitations upon termination of an order under the
statute.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, enactment of the bill
could save funding on travel costs by using electronic audio-
visual communication to conduct court proceedings remotely.
Any fiscal effect associated with the bill is not reflected in The
FY 2022 Governor’s Budget Report.
State of disaster emergency; extend deadlines; two-way electronic audio visual
communication; courts


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Statutes affected:
As introduced: 20-172
As Amended by House Committee: 20-172
Enrolled: 20-172