AG Schmidt files notice of appeal in Kansas Emergency Management Act court case

Published: Jul. 21, 2021 at 6:10 PM CDT
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TOPEKA, Kan. (WIBW) - Attorney General Derek Schmidt has filed a notice of appeal in a court case that renders provisions of Senate Bill 40 unenforceable.

Kansas Attorney General Derek Schmidt says he filed a notice of appeal on Wednesday in a Johnson Co. District Court case that recently made provisions of 2021 Senate Bill 40 unenforceable. He said the bill reforms the Kansas Emergency Management Act.

According to Schmidt, he notified the court that he is appealing the decision to the Kansas Supreme Court. Additionally, he said he filed a motion to ask a lower court to stay its decision in the case, pending appeal.

In the filings, Schmidt said the court’s ruling was causing “unnecessary and disruptive confusion” due to many provisions of the bill that were not at issue in the case but nevertheless appears the court ruling may have invalidated them. He warned that failure to stay the ruling could result in “legal anarchy” and “potentially hamper the State’s ability to respond to a future disaster emergency.”

To read the motion for stay, click HERE.

To read the copy of the notice of appeal, click HERE.

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