Gov. Kelly’s New Executive Order Clamps Down Tighter on Kansas Residents

This guidance is offered by KDEM for the benefit of emergency managers, health officers, law enforcement, affected businesses, and individual Kansas citizens.
Executive Order 20-16, “Establishing a statewide ‘stay-home’ order in conjunction with the Kansas Essential Function Framework for COVID-19 response efforts,” directs Kansans stay in their homes to slow the spread of COVID-19 and allows Kansans to leave their homes only to perform an “essential activity.” This guidance clarifies whether and under what conditions certain activities are essential.
1. Arts & Crafts Stores. Obtaining products from arts and crafts or fabric stores is not an essential activity.
a. Additionally, arts and crafts or fabric stores do not generally perform essential functions under the Kansas Essential Functions Framework (“KEFF”).
2. Clothing or Footwear. Obtaining clothing or footwear is an essential activity only if the clothing or footwear is needed to perform an essential function identified in the Kansas Essential Function Framework (“KEFF”).
3. Veterinary Care. Seeking medical care includes seeking veterinary care. Veterinary care does not include pet grooming services. If a business offers both veterinary care and grooming services, employees may only leave their homes to the extent they are performing veterinary services.
4. Outdoor Activities.
a. “Engaging in an outdoor activity” does not include:
i. Business activities, sidewalk sales, festivals, fairs, or other outdoor assemblies or conventions
ii. Joyriding, cruising, or parades unless all occupants of the vehicle reside in the same residence and vehicles do not stop and congregate
iii. Gyms or fitness centers
b. “Engaging in an outdoor activity” includes:
i. “No touch” golf, including at driving ranges, as long as the following conditions are met: 1. Clubhouses must be closed and sales for driving ranges, green fees, or cart rental must be conducted online or outside with points of sale that do not require physical contact;
KDEM Guidance 20-16-1 April 11, 2020
2. Golfers must not touch ball washers, pins, holes, or other items or surfaces that would otherwise be subject to repeat touching; 3. Golfers must maintain a six-foot distance, limit groups to 10 or fewer, and not share golf carts; and 4. Golf courses must implement other reasonable measures as necessary to ensure social distancing and must sanitize any equipment such as golf carts between uses. 5. Essential Functions. “Performing an essential activity” includes leaving one’s home to perform an essential function identified in the Kansas Essential Functions Framework (“KEFF’). The KEFF was developed with reference guidance regarding critical functions developed by the U.S. Department of Homeland Security and the Cybersecurity and Infrastructure Security Agency. Additionally, even when individuals leave their homes to perform an essential function, under Executive Order 20-16 they “must—to the extent possible without significant disruption to essential functions—follow appropriate safety protocols, including maintaining a six-foot distance between individuals and following other directives regarding social distancing, hygiene, and other efforts to slow the spread of COVID-19.” The following applies to or clarifies essential functions under the KEFF and any safety protocols required below are hereby determined not to significantly disrupt the identified essential functions:
a. 300.9.c (“Perform the essential operations of State, county, and municipal governments”) – Local governments may decide which of their functions are essential; no State approval or guidance is needed.
b. 300.12.b (“Perform or attend religious or faith-based services or activities”) – Religious or faith-based services or activities must comply with KDEM guidance issued on April 3, 2020, which is appended to, and incorporated in, this guidance. Additionally, the provisions of Executive Order 20-18 apply.
c. 300.15.a (“Perform accounting services”) – Accounting services as used in this subcategory includes all accounting services for either businesses or individuals
d. 300.20 (“Provide Medical Care and Services, Including Mortuary Services”) – Providing medical care and services includes conducting blood drives.