Limitations on powers of governor during state of disaster emergency; closure or cessation of business or commercial activity; state finance council approval required, when; expiration of section.

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48-925a. Limitations on powers of governor during state of disaster emergency; closure or cessation of business or commercial activity; state finance council approval required, when; expiration of section.
(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.

History: L. 2020, ch. 1, § 6 (Special Session); June 9.


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