Governor Laura Kelly today announced she has signed Executive Orders #21-01 and #21-02 as part of her administration’s commitment to protect Kansans and businesses during the COVID-19 pandemic and facilitate effective virus recovery efforts.

E.O. #21-01 allows Kansas employers to continue to withhold income taxes based on the state of the employee’s primary work location, and not based on the state in which the employee is temporarily teleworking as a result of the COVID-19 pandemic.

“The COVID-19 pandemic has altered many aspects of our lives – including how and where we do our jobs,” Governor Kelly said. “This order helps ensure that tax season can go on without a hitch for Kansas businesses that have adjusted working schedules and employee work sites to keep people safe during the pandemic by allowing them to proceed with income tax withholdings as usual.” 

Several executive orders related to the COVID-19 pandemic were set to expire on Jan. 26 in conjunction the expiration of the state of disaster emergency. Because the Legislature enacted Senate Bill 14 to extend the state of disaster emergency until March 31, 2021, certain previous executive orders must also be extended. Under E.O. #21-02, the following executive orders already in place will be extended until rescinded or until the statewide state of disaster emergency expires, whichever is earlier:

  • 20-37 – Allowing certain deferred tax deadlines and payments during state of disaster emergency
  • 20-39 – Extending professional and occupational licenses during state of disaster emergency
  • 20-40 – Temporarily allowing notaries and witnesses to act via audio-video communication technology during state of disaster emergency
  • 20-43 – Temporary relief from certain restrictions concerning shared work programs during state of disaster emergency
  • 20-56 – Amended Licensure, Certification, and Registration for persons and Licensure of “Adult Care Homes” during state of disaster emergency
  • 20-61 – Temporarily prohibiting certain foreclosures and evictions
  • 20-66 – Amended provisions related to drivers’ license and vehicle registration and regulation during state of disaster emergency
  • 20-70 – Provisions related to drivers’ license and identification cards during the state of disaster emergency

“These Executive Orders allow Kansas to continue responding to the COVID-19 pandemic, and assist our efforts to keep Kansans healthy, keep businesses open, and get our kids back to school as quickly as possible,” Governor Kelly said.

Today’s actions also affect rules regarding unemployment benefits for Kansans. Executive Order 20-50, which had been in place since June 30, 2020, had suspended the requirement to continue searching for work in order to receive unemployment insurance benefits. That order expired yesterday and will not be extended. Executive Order 20-71, issued previously, waives the requirement that new unemployment claimants wait a week before receiving benefits and will continue in effect because the Legislature did not include a waiting week waiver in the pandemic legislation passed last week.

View E.O. #21-01 here.

View E.O. #20-02 here.