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AG Derek Schmidt files notice of appeal in Kansas Emergency Management Act case, asks court to put ruling on hold

Release Date: Jul 21, 2021

TOPEKA – (July 21, 2021) – Kansas Attorney General Derek Schmidt today filed a notice of appeal in a Johnson County District Court case that recently held unenforceable 2021 Senate Bill 40, a newly enacted law that reforms the Kansas Emergency Management Act.

Schmidt today notified the Johnson County court that he is appealing the decision to the Kansas Supreme Court. In addition, he filed a motion asking the lower court to stay its decision in the case, pending the appeal.

In the filings, Schmidt noted that the court’s ruling was causing “unnecessary and disruptive confusion,” in part because many provisions of Senate Bill 40 were not at issue in the case but it nevertheless appears the court ruling may have invalidated them. Schmidt 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.”

A copy of the motion for stay is available at https://bit.ly/3zhoqde. A copy of the notice of appeal is available at https://bit.ly/3iDigxB.

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