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UPDATE: Special Session called by Gov. Kelly

Posted By Joseph N. Molina III, Wednesday, May 27, 2020
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On May 26th, Gov. Laura Kelly vetoed CCR for HB 2054. This bill amended laws and made appropriations regarding the COVID19 pandemic. It provided CARES funding oversight, made changes to the emergency management act, provided immunity to business and healthcare groups, extended certain executive orders, and allowed the use of tele-medicine. Each of these provisions were invalidated when the Governor vetoed the entire bill. See; https://www.kctv5.com/coronavirus/kansas-gov-laura-kelly-vetoes-bill-limiting-her-emergency-powers/article_2f652924-9f92-11ea-82a3-0b658a97dd92.html; See also; https://www2.ljworld.com/news/state-government/2020/may/26/kelly-vetoes-legislation-reworking-her-emergency-powers-calls-legislature-to-june-3-special-session/

Once vetoed, the Governor issued a new emergency declaration. This was necessary since the previous declaration was set to expire at midnight, May 26th. The new declaration removed the Ad Astra Statewide Reopening Plan and placed this authority with county governments. Going forward, county commissioners will decide whether to set any limits before reopening. For instance, Riley County is now open with some restrictions. See; https://www.ksnt.com/health/coronavirus/riley-county-health-officer-issues-order-allowing-all-businesses-to-reopen/

The new declaration extends certain executive orders; those include the use of remote notaries and witnesses to act via audio-visual communication, extends the tax payments, suspends rules related to the sale of alcohol and extend tele-medicine criterion. See; https://governor.kansas.gov/governor-signs-disaster-declaration-calls-for-special-session-warns-of-grave-consequences-to-state-without-legislative-action/

Finally, Gov. Kelly has called for a Special Session to begin on June 3rd. The intent for the special session would be to review the emergency management act, but other issues are certain to be discussed. Since this is a special session the legislature cannot override the Governor’s veto. In addition, all legislation would have to start fresh. There will be no carry over bills from the 2020 session. See; http://www.kslegislature.org/li_2016s/documents/info_ks_spec_session_ro.pdf

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Tags:  audio-visual communication for some court procedur  Author: Joseph N. Molina III  COVID-19  emergency declaration  Emergency Management Act  remote notaries  special session  veto of CCR for HB 2054 

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