Kansas 2025-2026 Regular Session

Kansas Senate Bill SB29 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Substitute for SENATE BILL No. 29
2		-	AN ACT concerning public health; removing the authorization for a county or joint board
3		-	of health or local health officer to prohibit public gatherings when necessary for the
4		-	control of infectious or contagious diseases; amending K.S.A. 65-119 and 65-129b
5		-	and K.S.A. 2024 Supp. 65-101 and repealing the existing sections.
	1	+	Session of 2025
	2	+	SENATE BILL No. 29
	3	+	By Committee on Public Health and Welfare
	4	+	1-16
	5	+	AN ACT concerning public health; relating to infectious or contagious
	6	+	diseases; enacting the constitutional right to health freedom act;
	7	+	revoking the authority of the secretary of health and environment and
	8	+	local health officers to order individuals to isolate or quarantine and
	9	+	impose penalties for violations thereof; creating a civil cause of action
	10	+	against employers for employees discharged for following isolation or
	11	+	quarantine recommendations or because of vaccination status;
	12	+	amending K.S.A. 65-116g, 65-118, 65-119, 65-128, 65-129b and 65-
	13	+	129d and K.S.A. 2024 Supp. 65-101, 65-202 and 72-5180 and
	14	+	repealing the existing sections; also repealing K.S.A. 65-126, 65-127,
	15	+	65-129 and 65-129c.
6	16		Be it enacted by the Legislature of the State of Kansas:
7		-	Section 1. K.S.A. 2024 Supp. 65-101 is hereby amended to read as
8		-	follows: 65-101. (a) The secretary of health and environment shall
9		-	exercise general supervision of the health of the people of the state and
10		-	may:
	17	+	New Section 1. The amendments made to K.S.A. 65-101, 65-202, 65-
	18	+	116g, 65-118, 65-119, 65-128, 65-129b and 65-129d by this act shall be
	19	+	known as the constitutional right to health freedom act.
	20	+	Sec. 2. K.S.A. 2024 Supp. 65-101 is hereby amended to read as
	21	+	follows: 65-101. (a) The secretary of health and environment shall exercise
	22	+	general supervision of the health of the people of the state and may:
11	23		(1) Where authorized by any other statute, require reports from
12		-	appropriate persons relating to the health of the people of the state, so
13		-	that a determination of the causes of sickness and death among the
14		-	people of the state may be made through the use of these reports and
15		-	other records;
16		-	(2) investigate the causes of disease, including especially,
17		-	epidemics and endemics, the causes of mortality and effects of locality,
18		-	employments, conditions, food, water supply, habits and other
19		-	circumstances affecting the health of the people of this state and the
20		-	causes of sickness and death;
	24	+	appropriate persons relating to the health of the people of the state so a
	25	+	determination of the causes of sickness and death among the people of the
	26	+	state may be made through the use of these reports and other records;
	27	+	(2) investigate the causes of disease, including especially, epidemics
	28	+	and endemics, the causes of mortality and effects of locality, employments,
	29	+	conditions, food, water supply, habits and other circumstances affecting
	30	+	the health of the people of this state and the causes of sickness and death;
21	31		(3) advise other offices and agencies of government concerning
22	32		location, drainage, water supply, disposal of excreta and heating and
23	33		ventilation of public buildings;
24		-	(4) make sanitary inspection and survey of such places and
25		-	localities as the secretary deems advisable;
26		-	(5) take action to prevent the introduction of infectious or
27		-	contagious disease into this state and to prevent the spread of infectious
28		-	or contagious disease within this state. If such action is intended to
29		-	exclude, isolate, quarantine or otherwise restrict movement of people
30		-	within the state, then such action shall not be taken without probable
31		-	cause, supported by oath or affirmation; and
32		-	(6) provide public health outreach services to the people of the
33		-	state, including educational and other activities designed to increase the
34		-	individual's awareness and appropriate use of public and other
35		-	preventive health services.
36		-	(b) The secretary of health and environment may adopt rules and
37		-	regulations necessary to carry out the provisions of subsection (a). In
38		-	addition to other remedies provided by law, the secretary is authorized
39		-	to apply to the district court, and such court shall have jurisdiction upon
40		-	a hearing and for cause shown to grant a temporary or permanent
41		-	injunction to compel compliance with such rules and regulations.
42		-	(c) In the event of a state of disaster emergency declared by the
43		-	governor pursuant to K.S.A. 48-924, and amendments thereto, or a
44		-	state of local disaster emergency declared pursuant to K.S.A. 48-932,
45		-	and amendments thereto, the legislature may revoke an order issued by
46		-	the secretary to take action related to such disaster emergency as
47		-	provided in this subsection. Such order may be revoked at any time by
48		-	concurrent resolution of the legislature or, when the legislature is not in
49		-	session or is adjourned during session for three or more days, such
50		-	order may be revoked by the legislative coordinating council with the
51		-	affirmative vote of five members thereof.
52		-	(d) Any party aggrieved by an action taken pursuant to K.S.A. 65-
53		-	101 through 65-129f, and amendments thereto, may file a civil action
54		-	in the district court of the county where the order was issued within 30
55		-	days after such order is issued. A request for a hearing shall not stay or
56		-	enjoin an isolation or quarantine order. The court shall conduct a
57		-	hearing within 72 hours after receipt of a petition in any such action.
58		-	The court shall grant the request for relief unless the court finds that
59		-	such order is narrowly tailored to the purpose stated in the order and
60		-	uses the least restrictive means to achieve such purpose. Substitute for SENATE BILL No. 29—page 2
61		-	Sec. 2. K.S.A. 65-119 is hereby amended to read as follows: 65-
62		-	119. (a) Any county or joint board of health or local health officer
63		-	having knowledge of any infectious or contagious disease, or of a death
64		-	from such disease, within their jurisdiction, shall immediately exercise
65		-	and maintain a supervision over such case or cases during their
66		-	continuance, seeing that all such cases are properly cared for and that
67		-	the provisions of this act as pertaining to isolation, restriction of
68		-	communication, quarantine and disinfection are duly enforced. The
69		-	county or joint board of health or local health officer shall
70		-	communicate without delay all information as pertaining to existing
71		-	conditions to the secretary of health and environment. The local health
72		-	officer shall confer personally, if practicable, otherwise by letter, with
73		-	the person in attendance upon the case, as to its future management and
74		-	control. The county or joint board of health or local health officer is
75		-	hereby empowered and authorized to prohibit may recommend against
76		-	public gatherings when necessary for the control of any and all
77		-	infectious or contagious disease.
	34	+	(4) make sanitary inspection and survey of such places and localities
	35	+	as the secretary deems advisable;
	36	+	(5) take action recommend ways to prevent the introduction of
	37	+	infectious or contagious disease into this state and to prevent the spread of
	38	+	infectious or contagious disease within this state; and
	39	+	(6) provide public health outreach services to the people of the state
	40	+	1
	41	+	2
	42	+	3
	43	+	4
	44	+	5
	45	+	6
	46	+	7
	47	+	8
	48	+	9
	49	+	10
	50	+	11
	51	+	12
	52	+	13
	53	+	14
	54	+	15
	55	+	16
	56	+	17
	57	+	18
	58	+	19
	59	+	20
	60	+	21
	61	+	22
	62	+	23
	63	+	24
	64	+	25
	65	+	26
	66	+	27
	67	+	28
	68	+	29
	69	+	30
	70	+	31
	71	+	32
	72	+	33
	73	+	34
	74	+	35
	75	+	36 SB 29 2
	76	+	including educational and other activities designed to increase the
	77	+	individual's awareness and appropriate use of public and other preventive
	78	+	health services.
	79	+	(b) The secretary of health and environment may shall not adopt rules
	80	+	and regulations necessary to carry out the provisions of subsection (a), but
	81	+	may adopt department policies. In addition to other remedies provided by
	82	+	law, the secretary is authorized to apply to the district court, and such court
	83	+	shall have jurisdiction upon a hearing and for cause shown to grant a
	84	+	temporary or permanent injunction to compel compliance with such rules
	85	+	and regulations.
	86	+	(c) The secretary of health and environment shall not carry out the
	87	+	provisions of subsection (a) or (b) in a manner that conflicts with any
	88	+	other statute or otherwise expands the authority of the secretary.
	89	+	(d) In the event of a state of disaster emergency declared by the
	90	+	governor pursuant to K.S.A. 48-924, and amendments thereto, or a state of
	91	+	local disaster emergency declared pursuant to K.S.A. 48-932, and
	92	+	amendments thereto, the legislature may revoke an order issued by the
	93	+	secretary to take action related to such disaster emergency as provided in
	94	+	this subsection. Such order may be revoked at any time by concurrent
	95	+	resolution of the legislature or, when the legislature is not in session or is
	96	+	adjourned during session for three or more days, such order may be
	97	+	revoked by the legislative coordinating council with the affirmative vote of
	98	+	five members thereof.
	99	+	Sec. 3. K.S.A. 65-116g is hereby amended to read as follows: 65-
	100	+	116g. (a) It shall be unlawful for any person who violates to:
	101	+	(1) Violate any provision of this act, K.S.A. 65-116a through K.S.A.
	102	+	65-116m, and amendments thereto, relating to tuberculosis or any
	103	+	associated rules or regulations of the secretary of health and environment
	104	+	for the enforcement of this act, or K.S.A. 65-116a through K.S.A. 65-116m,
	105	+	and amendments thereto;
	106	+	(2) violates violate any of the rules or regulations of any an
	107	+	institution while a patient therein,; or
	108	+	(3) conducts himself in a engage in disorderly manner, shall be guilty
	109	+	of conduct, as described in K.S.A. 21-6203, and amendments thereto.
	110	+	(b) Violation of this section is a class C nonperson misdemeanor.
	111	+	Sec. 4. K.S.A. 65-118 is hereby amended to read as follows: 65-118.
	112	+	(a) Whenever any person licensed to practice the healing arts or engaged in
	113	+	a postgraduate training program approved by the state board of healing
	114	+	arts, licensed dentist, licensed professional nurse, licensed practical nurse,
	115	+	administrator of a hospital, licensed adult care home administrator, or
	116	+	licensed physician assistant, licensed social worker, teacher or school
	117	+	administrator knows or has information indicating that a person is
	118	+	suffering from or has died from a reportable infectious or contagious
	119	+	1
	120	+	2
	121	+	3
	122	+	4
	123	+	5
	124	+	6
	125	+	7
	126	+	8
	127	+	9
	128	+	10
	129	+	11
	130	+	12
	131	+	13
	132	+	14
	133	+	15
	134	+	16
	135	+	17
	136	+	18
	137	+	19
	138	+	20
	139	+	21
	140	+	22
	141	+	23
	142	+	24
	143	+	25
	144	+	26
	145	+	27
	146	+	28
	147	+	29
	148	+	30
	149	+	31
	150	+	32
	151	+	33
	152	+	34
	153	+	35
	154	+	36
	155	+	37
	156	+	38
	157	+	39
	158	+	40
	159	+	41
	160	+	42
	161	+	43 SB 29 3
	162	+	disease as defined in rules and regulations, such knowledge or information
	163	+	shall be reported immediately to the county or joint board of health or the
	164	+	local health officer, together with the name and address of the person who
	165	+	has or is suspected of having the infectious or contagious disease, or the
	166	+	name and former address of the deceased individual who had or was
	167	+	suspected of having such a disease. In the case of a licensed hospital or
	168	+	adult care home, the administrator may designate an individual to receive
	169	+	and make such reports. The secretary of health and environment shall,
	170	+	through rules and regulations, make provision for the consolidation of
	171	+	reports required to be made under this section when the person required to
	172	+	make the report is working in a licensed hospital or adult care home.
	173	+	Laboratories certified under the federal clinical laboratories improvement
	174	+	act pursuant to 42 code of federal regulations, C.F.R. part 493 shall report
	175	+	the results of microbiologic cultures, examinations, and immunologic
	176	+	essays for the presence of antigens and antibodies and any other laboratory
	177	+	tests which that are indicative of the presence of a reportable infectious or
	178	+	contagious disease to the department of health and environment. The
	179	+	director of the division of public health may use information from death
	180	+	certificates for disease investigation purposes.
	181	+	(b) Any person who is an individual member of a class of persons
	182	+	designated under subsection (a) of this section and who reports the
	183	+	information required to be reported under such subsection in good faith
	184	+	and without malice to a county or joint board of health, a local health
	185	+	officer or the department of health and environment shall have immunity
	186	+	from any liability, civil or criminal, that might otherwise be incurred or
	187	+	imposed in an action resulting from such report. Any such person shall
	188	+	have the same immunity with respect to participation in any judicial
	189	+	proceeding resulting from such report.
	190	+	(c) Information required to be reported under subsection (a) of this
	191	+	section shall be confidential and shall not be disclosed or made public,
	192	+	upon subpoena or otherwise, beyond the requirements of subsection (a) of
	193	+	this section or subsection (a) of K.S.A. 65-119(a), and amendments
	194	+	thereto, except such information may be disclosed:
	195	+	(1) If no person can be identified in the information to be disclosed
	196	+	and the disclosure is for statistical purposes;
	197	+	(2) if all persons who are identifiable in the information to be
	198	+	disclosed consent in writing to its disclosure;
	199	+	(3) if the disclosure is necessary, and only to the extent necessary, to
	200	+	protect the public health;
	201	+	(4) if a medical emergency exists and the disclosure is to medical
	202	+	personnel qualified to treat infectious or contagious diseases. Any
	203	+	information disclosed pursuant to this paragraph shall be disclosed only to
	204	+	the extent necessary to protect the health or life of a named party; or
	205	+	1
	206	+	2
	207	+	3
	208	+	4
	209	+	5
	210	+	6
	211	+	7
	212	+	8
	213	+	9
	214	+	10
	215	+	11
	216	+	12
	217	+	13
	218	+	14
	219	+	15
	220	+	16
	221	+	17
	222	+	18
	223	+	19
	224	+	20
	225	+	21
	226	+	22
	227	+	23
	228	+	24
	229	+	25
	230	+	26
	231	+	27
	232	+	28
	233	+	29
	234	+	30
	235	+	31
	236	+	32
	237	+	33
	238	+	34
	239	+	35
	240	+	36
	241	+	37
	242	+	38
	243	+	39
	244	+	40
	245	+	41
	246	+	42
	247	+	43 SB 29 4
	248	+	(5) if the information to be disclosed is required in a court proceeding
	249	+	involving child abuse and the information is disclosed in camera.
	250	+	Sec. 5. K.S.A. 65-119 is hereby amended to read as follows: 65-119.
	251	+	(a) Any county or joint board of health or local health officer having
	252	+	knowledge of any infectious or contagious disease, or of a death from such
	253	+	disease, within their jurisdiction, shall immediately exercise and maintain
	254	+	a supervision over such case or cases during their continuance, seeing that
	255	+	all such cases are properly cared for and that the provisions of this act as
	256	+	pertaining to isolation, restriction of communication, quarantine and
	257	+	disinfection are duly enforced. The county or joint board of health or local
	258	+	health officer shall communicate without delay all information as
	259	+	pertaining to existing conditions to the secretary of health and
	260	+	environment. The local health officer shall confer personally, if
	261	+	practicable, otherwise by letter, with the person in attendance upon the
	262	+	case, as to its future management and control. The county or joint board of
	263	+	health or local health officer is hereby empowered and authorized to
	264	+	prohibit may recommend against public gatherings when necessary for the
	265	+	control of any and all infectious or contagious disease.
78	266		(b) Any disclosure or communication of information relating to
79	267		infectious or contagious diseases required to be disclosed or
80	268		communicated under subsection (a) of this section shall be confidential
81	269		and shall not be disclosed or made public beyond the requirements of
82	270		subsection (a) of this section or subsection (a) of K.S.A. 65-118(a), and
83	271		amendments thereto, except as otherwise permitted by subsection (c) of
84	272		K.S.A. 65-118(c), and amendments thereto.
85		-	Sec. 3. K.S.A. 65-129b is hereby amended to read as follows: 65-
	273	+	Sec. 6. K.S.A. 65-128 is hereby amended to read as follows: 65-128.
	274	+	(a) For the protection of the public health and for the control of infectious
	275	+	or contagious diseases, the secretary of health and environment by rules
	276	+	and regulations shall designate submit a report of such diseases as that are
	277	+	infectious or contagious in their nature to the speaker of the house of
	278	+	representatives and the president of the senate.
	279	+	(b) The secretary of health and environment is authorized to issue
	280	+	such orders and adopt rules and regulations as may be medically necessary
	281	+	and reasonable recommend ways to prevent the spread and dissemination
	282	+	of diseases injurious to the public health, including, but not limited to,
	283	+	providing for the testing for such diseases and may recommend the
	284	+	isolation and quarantine of persons afflicted with or exposed to such
	285	+	diseases.
	286	+	(c) No later than January 1, 2014, The secretary shall develop and
	287	+	adopt rules and regulations providing for make recommendations for
	288	+	preventing the introduction and spread of infectious or contagious disease
	289	+	within this state and the protection of individuals who provide medical or
	290	+	nursing services, clinical or forensic laboratory services, emergency
	291	+	1
	292	+	2
	293	+	3
	294	+	4
	295	+	5
	296	+	6
	297	+	7
	298	+	8
	299	+	9
	300	+	10
	301	+	11
	302	+	12
	303	+	13
	304	+	14
	305	+	15
	306	+	16
	307	+	17
	308	+	18
	309	+	19
	310	+	20
	311	+	21
	312	+	22
	313	+	23
	314	+	24
	315	+	25
	316	+	26
	317	+	27
	318	+	28
	319	+	29
	320	+	30
	321	+	31
	322	+	32
	323	+	33
	324	+	34
	325	+	35
	326	+	36
	327	+	37
	328	+	38
	329	+	39
	330	+	40
	331	+	41
	332	+	42
	333	+	43 SB 29 5
	334	+	medical services and firefighting, law enforcement and correctional
	335	+	services, or who provide any other service, or individuals who receive any
	336	+	such services or are in any other employment where the individual may
	337	+	encounter occupational exposure to blood and other potentially infectious
	338	+	materials.
	339	+	Sec. 7. K.S.A. 65-129b is hereby amended to read as follows: 65-
86	340		129b. (a) Notwithstanding the provisions of K.S.A. 65-119, 65-122, 65-
87	341		123, 65-126 and 65-128, and amendments thereto, and any rules or
88	342		regulations adopted thereunder, in investigating actual or potential
89	343		exposures to an infectious or contagious disease that is potentially life-
90	344		threatening, the local health officer or the secretary:
91		-	(1) (A) May issue an order requiring an individual who the local
92		-	health officer or the secretary has reason to believe has been exposed to
93		-	an infectious or contagious disease to seek appropriate and necessary
94		-	evaluation and treatment;
95		-	(B)(2) when the local health officer or the secretary determines
96		-	that it is medically necessary and reasonable to prevent or reduce the
97		-	spread of the disease or outbreak believed to have been caused by the
98		-	exposure to an infectious or contagious disease, may order an
99		-	individual or group of individuals to go to and remain in places of
100		-	isolation or quarantine until the local health officer or the secretary
101		-	determines that the such individual no longer poses a substantial risk of
102		-	transmitting the disease or condition to the public;
103		-	(C)(3) if a competent individual of 18 years of age or older or an
104		-	emancipated minor refuses vaccination, medical examination, treatment
105		-	or testing under this section, may require the an individual to go to and
106		-	remain in a place of isolation or quarantine until the local health officer
107		-	or the secretary determines that the such individual no longer poses a
108		-	substantial risk of transmitting the disease or condition to the public;
109		-	and
110		-	(D)(4) if, on behalf of a minor child or ward, a parent or guardian
111		-	refuses vaccination, medical examination, treatment or testing under
112		-	this section, may require the a minor child or ward to go to and remain
113		-	in a place of isolation or quarantine and must shall allow the parent or
114		-	guardian to accompany the such minor child or ward until the local
115		-	health officer or the secretary determines that the such minor child or
116		-	ward no longer poses a substantial risk of transmitting the disease or
117		-	condition to the public; and
	345	+	(1) (A)(a) May issue an order requiring recommend an individual
	346	+	who whom the local health officer or the secretary has reason to believe
	347	+	has been exposed to an infectious or contagious disease to seek appropriate
	348	+	and necessary evaluation and treatment;
	349	+	(B)(b) when the local health officer or the secretary determines that it
	350	+	is medically necessary and reasonable to prevent or reduce the spread of
	351	+	the disease or outbreak believed to have been caused by the exposure to an
	352	+	infectious or contagious disease, may order recommend an individual or
	353	+	group of individuals to go to and remain in places of isolation or
	354	+	quarantine until the local health officer or the secretary determines that the
	355	+	individual no longer poses a substantial risk of transmitting the disease or
	356	+	condition to the public;
	357	+	(C)(c) if a competent individual of who is 18 years of age or older or
	358	+	an emancipated minor refuses vaccination, medical examination, treatment
	359	+	or testing under this section, may require recommend the individual to go
	360	+	to and remain in a place of isolation or quarantine until the local health
	361	+	officer or the secretary determines that the individual no longer poses a
	362	+	substantial risk of transmitting the disease or condition to the public; and
	363	+	(D)(d) if, on behalf of a minor child or ward, a parent or guardian
	364	+	refuses vaccination, medical examination, treatment or testing under this
	365	+	section, may require recommend the minor child or ward to go to and
	366	+	remain in a place of isolation or quarantine and must shall allow the parent
	367	+	or guardian to accompany the minor child or ward until the local health
	368	+	officer or the secretary determines that the minor child or ward no longer
	369	+	poses a substantial risk of transmitting the disease or condition to the
	370	+	public; and
118	371		(2) may order any sheriff, deputy sheriff or other law enforcement
119		-	officer of the state or any subdivision to assist in the execution or ~~Substitute for SENATE BILL No. 29—page 3~~
	372	+	officer of the state or any subdivision to assist in the execution or
120	373		enforcement of any order issued under this section.
121		-	Sec. 4. K.S.A. 65-119 and 65-129b and K.S.A. 2024 Supp. 65-101
122		-	are hereby repealed.
123		-	Sec. 5. This act shall take effect and be in force from and after its
	374	+	Sec. 8. K.S.A. 65-129d is hereby amended to read as follows: 65-
	375	+	129d. It shall be unlawful for any A public or private employer to shall not
	376	+	discharge an employee solely because the employee or an immediate
	377	+	1
	378	+	2
	379	+	3
	380	+	4
	381	+	5
	382	+	6
	383	+	7
	384	+	8
	385	+	9
	386	+	10
	387	+	11
	388	+	12
	389	+	13
	390	+	14
	391	+	15
	392	+	16
	393	+	17
	394	+	18
	395	+	19
	396	+	20
	397	+	21
	398	+	22
	399	+	23
	400	+	24
	401	+	25
	402	+	26
	403	+	27
	404	+	28
	405	+	29
	406	+	30
	407	+	31
	408	+	32
	409	+	33
	410	+	34
	411	+	35
	412	+	36
	413	+	37
	414	+	38
	415	+	39
	416	+	40
	417	+	41
	418	+	42
	419	+	43 SB 29 6
	420	+	family member of the employee is under an order of following an isolation
	421	+	or quarantine recommendation from a local health officer or solely
	422	+	because of such employee's vaccination status. The violation of this
	423	+	section is punishable as a violation of K.S.A. 65-129, and amendments
	424	+	thereto In an action against an employer for a violation of this section, the
	425	+	court shall award a prevailing plaintiff the actual damages such person
	426	+	sustained, costs and reasonable attorney fees.
	427	+	Sec. 9. K.S.A. 2024 Supp. 65-202 is hereby amended to read as
	428	+	follows: 65-202. (a) The local health officer in each county throughout the
	429	+	state, immediately after such officer's appointment, shall:
	430	+	(1) Take the same oath of office prescribed by law for the county
	431	+	officers, shall;
	432	+	(2) give bond of $500 conditioned for the faithful performance of the
	433	+	officer's duties, shall;
	434	+	(3) keep an accurate record of all the transactions of such office,
	435	+	shall;
	436	+	(4) turn over to the successor in office or to the county or joint board
	437	+	of health selecting such officer, on the expiration of such officer's term of
	438	+	office, all records, documents and other articles belonging to the office;
	439	+	and shall
	440	+	(5) faithfully account to the board of county commissioners and to the
	441	+	county and state for all moneys coming into the office. Such officer shall
	442	+	notify the secretary of health and environment of such officer's
	443	+	appointment and qualification, and provide the secretary with such
	444	+	officer's contact information.
	445	+	(b) Such officer shall receive and distribute without delay in the
	446	+	county all forms from the secretary of health and environment to the
	447	+	rightful persons, all returns from persons licensed to practice medicine and
	448	+	surgery, assessors and local boards to said secretary, shall keep an accurate
	449	+	record of all of the transactions of such office and shall turn over all
	450	+	records and documents kept by such officer, the successor in office, or to
	451	+	the county or joint board electing such officer, on the expiration of the
	452	+	term of office.
	453	+	(c) The local health officer shall upon the opening of the fall term of
	454	+	school, make a sanitary inspection of each school building and grounds,
	455	+	and shall make such additional inspections as are necessary to protect the
	456	+	public health of the students of the school.
	457	+	(d) (1) Such officer shall make an investigation of each case of
	458	+	smallpox, diphtheria, typhoid fever, scarlet fever, acute anterior
	459	+	poliomyelitis (infantile paralysis), epidemic cerebro-spinal meningitis and
	460	+	such other acute infectious, contagious or communicable diseases as may
	461	+	be required, and shall use all known medically necessary and reasonable
	462	+	measures to prevent the spread of any such infectious, contagious or
	463	+	1
	464	+	2
	465	+	3
	466	+	4
	467	+	5
	468	+	6
	469	+	7
	470	+	8
	471	+	9
	472	+	10
	473	+	11
	474	+	12
	475	+	13
	476	+	14
	477	+	15
	478	+	16
	479	+	17
	480	+	18
	481	+	19
	482	+	20
	483	+	21
	484	+	22
	485	+	23
	486	+	24
	487	+	25
	488	+	26
	489	+	27
	490	+	28
	491	+	29
	492	+	30
	493	+	31
	494	+	32
	495	+	33
	496	+	34
	497	+	35
	498	+	36
	499	+	37
	500	+	38
	501	+	39
	502	+	40
	503	+	41
	504	+	42
	505	+	43 SB 29 7
	506	+	communicable disease, and shall perform such other duties as this act, the
	507	+	county or joint board, or board of health or the secretary of health and
	508	+	environment may require.
	509	+	(2) Any order issued by the local health officer, including Orders
	510	+	issued as a result of an executive order of the governor, on behalf of a
	511	+	county regarding the remediation of any infectious disease may be
	512	+	reviewed, amended or revoked by the board of county commissioners of
	513	+	any county affected by such order in the manner provided by K.S.A. 65-
	514	+	201(b), and amendments thereto.
	515	+	(e) Such officer shall receive compensation as set by the board and
	516	+	with the approval of the board of health may employ a skilled professional
	517	+	nurse and other additional personnel whenever deemed necessary for the
	518	+	protection of the public health.
	519	+	(f) Any failure or neglect of the local health officer to perform any of
	520	+	the duties prescribed in this act, the officer may be removed from office by
	521	+	the county board of health. In addition to removal from office, for any
	522	+	failure or neglect to perform any of the duties prescribed by this act, the
	523	+	local health officer shall be deemed guilty of a misdemeanor and, upon
	524	+	conviction, be fined not less $10 nor more than $100 for each and every
	525	+	offense.
	526	+	Sec. 10. K.S.A. 2024 Supp. 72-5180 is hereby amended to read as
	527	+	follows: 72-5180. (a) Commencing in the 2021-2022 school year, except
	528	+	as otherwise provided in this section, no school district shall provide or
	529	+	offer to any student enrolled in the district more than a total of 40 school
	530	+	term hours of remote learning unless:
	531	+	(1) The board of education of the school district has authorized a
	532	+	student to temporarily attend school through remote learning in excess of
	533	+	the 40-hour limitation pursuant to a temporary individual exemption
	534	+	granted pursuant to subsection (b); or
	535	+	(2) due to a disaster, the state board of education has authorized the
	536	+	school district to conduct remote learning in excess of the 40-hour
	537	+	limitation pursuant to subsection (c) or has waived the limitations provided
	538	+	in subsection (d).
	539	+	(b) The board of education of a school district may temporarily
	540	+	suspend the remote learning limitation provided in subsection (a) on an
	541	+	individual student basis for any student who cannot reasonably attend
	542	+	school in person due to an illness, medical condition, injury or any other
	543	+	extraordinary circumstance that would necessitate remote learning to allow
	544	+	the student to continue to receive an education during the existence of such
	545	+	circumstance. The board of education of the school district shall notify the
	546	+	state board of any individual exemptions provided pursuant to this
	547	+	subsection and the reason for such exemption.
	548	+	(c) The state board of education may authorize a school district to
	549	+	1
	550	+	2
	551	+	3
	552	+	4
	553	+	5
	554	+	6
	555	+	7
	556	+	8
	557	+	9
	558	+	10
	559	+	11
	560	+	12
	561	+	13
	562	+	14
	563	+	15
	564	+	16
	565	+	17
	566	+	18
	567	+	19
	568	+	20
	569	+	21
	570	+	22
	571	+	23
	572	+	24
	573	+	25
	574	+	26
	575	+	27
	576	+	28
	577	+	29
	578	+	30
	579	+	31
	580	+	32
	581	+	33
	582	+	34
	583	+	35
	584	+	36
	585	+	37
	586	+	38
	587	+	39
	588	+	40
	589	+	41
	590	+	42
	591	+	43 SB 29 8
	592	+	exceed the 40-hour remote learning limitation upon application by the
	593	+	school district. The application may be granted by the state board of
	594	+	education upon:
	595	+	(1) Certification by a school district that, due to a disaster, conditions
	596	+	resulting from widespread or severe property damage caused by the
	597	+	disaster or other conditions restricting the operation of public schools will
	598	+	exist in the school district for an inordinate period of time; and
	599	+	(2) a determination by the state board that the school district cannot
	600	+	reasonably adjust its schedule to comply with the requirements of this
	601	+	section unless remote learning is conducted for a period of time not to
	602	+	exceed 240 school term hours, unless such limitation is waived by the state
	603	+	board pursuant to subsection (d).
	604	+	(d) The state board of education may waive the requirements of law
	605	+	relating to the remote learning limitations pursuant to subsection (c) in any
	606	+	school year upon application for such waiver by a school district. The
	607	+	waiver may be granted by the state board of education upon:
	608	+	(1) Certification by a board of education that, due to a disaster,
	609	+	conditions resulting from widespread or severe property damage caused by
	610	+	the disaster or other conditions restricting the operation of public schools
	611	+	will exist in the school district for an inordinate period of time; and
	612	+	(2) a determination by the state board that the school district cannot
	613	+	reasonably adjust its schedule to comply with such requirements of law
	614	+	and that remote learning beyond the limitations provided in subsection (c)
	615	+	is necessary to allow the school district to continue to provide education to
	616	+	students during such conditions.
	617	+	(e) (1) Any student who attends a school of a school district through
	618	+	remote learning in excess of the remote learning limitations provided
	619	+	pursuant to this section shall be deemed a remote learning student and
	620	+	shall be counted as a remotely enrolled student for state aid purposes.
	621	+	(2) On or before June 30 of each school year:
	622	+	(A) A school district that offers remote learning during the school
	623	+	year shall determine the remote enrollment of the district based on the
	624	+	number of students remotely enrolled in accordance with this section;
	625	+	(B) the clerk or superintendent of each school district shall certify
	626	+	under oath to the state board a report showing the remote enrollment of the
	627	+	school district determined pursuant to this subsection by the grades
	628	+	maintained in the schools of the school district. The state board shall
	629	+	examine such reports upon receipt, and if the state board finds any errors
	630	+	in any such report, the state board shall consult with the school district
	631	+	officer furnishing the report and make any necessary corrections in the
	632	+	report; and
	633	+	(C) the state board shall determine the number of students who were
	634	+	included in the remote enrollment of each school district and recompute
	635	+	1
	636	+	2
	637	+	3
	638	+	4
	639	+	5
	640	+	6
	641	+	7
	642	+	8
	643	+	9
	644	+	10
	645	+	11
	646	+	12
	647	+	13
	648	+	14
	649	+	15
	650	+	16
	651	+	17
	652	+	18
	653	+	19
	654	+	20
	655	+	21
	656	+	22
	657	+	23
	658	+	24
	659	+	25
	660	+	26
	661	+	27
	662	+	28
	663	+	29
	664	+	30
	665	+	31
	666	+	32
	667	+	33
	668	+	34
	669	+	35
	670	+	36
	671	+	37
	672	+	38
	673	+	39
	674	+	40
	675	+	41
	676	+	42
	677	+	43 SB 29 9
	678	+	the enrollment of the school district as required pursuant to this subsection.
	679	+	(3) A school district that offers remote learning and is determined to
	680	+	have remotely enrolled students pursuant to this section shall receive
	681	+	remote enrollment state aid. The state board shall determine the amount of
	682	+	remote enrollment state aid a school district is to receive by multiplying
	683	+	the remote enrollment of the school district by $5,000. No remote
	684	+	enrollment state aid shall be provided for any student who participates in
	685	+	remote learning on a part-time basis during the school day.
	686	+	(4) The state board shall notify each school district of the amount of
	687	+	remote enrollment state aid the district shall receive pursuant to this
	688	+	section and, pursuant to K.S.A. 72-5136, and amendments thereto, shall:
	689	+	(A) Require the district to remit any such amount of overpayment
	690	+	made to the district in the current school year; or
	691	+	(B) deduct the excess amounts paid to the district from future
	692	+	payments made to the school district.
	693	+	(5) If a student is included in the remote enrollment of a district
	694	+	pursuant to this subsection, such student shall not be included in the
	695	+	adjusted enrollment of the district in the current school year.
	696	+	(f) Each school district that determines remote enrollment pursuant to
	697	+	this section shall submit any documentation or information required by the
	698	+	state board.
	699	+	(g) As used in this section, "disaster" means a state of disaster
	700	+	emergency declared by proclamation of the governor pursuant to K.S.A.
	701	+	48-924, and amendments thereto, closure of schools by order issued by a
	702	+	county or joint board of health, a local health officer pursuant to K.S.A.
	703	+	65-119, and amendments thereto, or the secretary of health and
	704	+	environment pursuant to K.S.A. 65-126, and amendments thereto, or
	705	+	occurrence of widespread or severe damage, injury or loss of life or
	706	+	property resulting from any natural or manmade cause, including, but not
	707	+	limited to, fire, flood, earthquake, tornado, wind, storm, an epidemic, air
	708	+	contamination, blight, drought, infestation or explosion.
	709	+	(h) This section shall be a part of and supplemental to the Kansas
	710	+	school equity and enhancement act.
	711	+	(i) This section shall take effect and be in force from and after July 1,
	712	+	2021.
	713	+	Sec. 11. K.S.A. 65-116g, 65-118, 65-119, 65-126, 65-127, 65-128,
	714	+	65-129, 65-129b, 65-129c and 65-129d and K.S.A. 2024 Supp. 65-101,
	715	+	65-202 and 72-5180 are hereby repealed.
	716	+	Sec. 12. This act shall take effect and be in force from and after its
124	717		publication in the statute book.
125		-	I hereby certify that the above BILL originated in the
126		-	SENATE, and passed that body
127		-	__________________________
128		-	SENATE concurred in
129		-	HOUSE amendments _______________________
130		-	_________________________
131		-	President of the Senate.
132		-	_________________________
133		-	Secretary of the Senate.
134		-
135		-	Passed the HOUSE
136		-	as amended _________________________
137		-	_________________________
138		-	Speaker of the House.
139		-	_________________________
140		-	Chief Clerk of the House.
141		-	APPROVED _____________________________
142		-	_________________________
143		-	Governor.
	718	+	1
	719	+	2
	720	+	3
	721	+	4
	722	+	5
	723	+	6
	724	+	7
	725	+	8
	726	+	9
	727	+	10
	728	+	11
	729	+	12
	730	+	13
	731	+	14
	732	+	15
	733	+	16
	734	+	17
	735	+	18
	736	+	19
	737	+	20
	738	+	21
	739	+	22
	740	+	23
	741	+	24
	742	+	25
	743	+	26
	744	+	27
	745	+	28
	746	+	29
	747	+	30
	748	+	31
	749	+	32
	750	+	33
	751	+	34
	752	+	35
	753	+	36
	754	+	37
	755	+	38
	756	+	39
	757	+	40