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chapter-74•Chapter 74 — State Boards, Commissions and Authorities
chapter-74K.S.A. ch. 74Code1 gen 1900
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
History: L. 1917, ch. 297, § 1; R.S. 1923, 74-101; L. 1939, ch. 285, § 1; L. 1953, ch. 375, § 55; Repealed, L. 1957, ch. 472, § 44; July 1.
History: L. 1917, ch. 297, § 2; R.S. 1923, 74-102; L. 1939, ch. 285, § 2; Repealed, L. 1957, ch. 472, § 44; July 1.
History: L. 1917, ch. 297, § 3; R.S. 1923, 74-103; Repealed, L. 1957, ch. 472, § 44; July 1.
History: L. 1917, ch. 297, § 4; R.S. 1923, 74-104; Repealed, L. 1939, ch. 285, § 6; April 15.
History: L. 1917, ch. 297, § 5; R.S. 1923, 74-105; L. 1939, ch. 285, § 3; Repealed, L. 1957, ch. 472, § 44; July 1.
History: L. 1917, ch. 297, § 6; R.S. 1923, 74-106; L. 1927, ch. 286, § 1; L. 1933, ch. 271, § 1; L. 1937, ch. 329, § 9; L. 1939, ch. 285, § 4; L. 1945, ch. 303, § 1; L. 1949, ch. 403, § 1; L. 1953, ch. 375, § 57; L. 1955, ch. 344, § 1; Repealed, L. 1957, ch. 472, § 44; July 1.
Revisor's Note: Later act, see 75-3738.
History: R.S. 1923, 74-107; L. 1933, ch. 271, § 3; L. 1937, ch. 329, § 10; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Later act, see 75-3738.
History: R.S. 1923, 74-108; L. 1933, ch. 271, § 2; L. 1937, ch. 329, § 11; L. 1939, ch. 285, § 5; L. 1945, ch. 303, § 2; L. 1949, ch. 403, § 2; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Sections transferred to 76-1516 through 76-1519, respectively.
History: R.S. 1923, 74-113; Repealed, L. 1939, ch. 289, § 10, March 29.
History: R.S. 1923, 74-114; Repealed, L. 1949, ch. 404, § 1; June 30.
History: L. 1899, ch. 12, § 10; R.S. 1923, 74-115; Repealed, L. 1949, ch. 404, § 1; June 30.
Revisor's Note: Section transferred to 76-909.
History: L. 1919, ch. 47, § 3; R.S. 1923, 74-117; Repealed, L. 1925, ch. 16, § 2; May 28.
History: L. 1945, ch. 310, § 1; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1945, ch. 309, § 1; Repealed, L. 1951, ch. 434, § 1; June 30.
(a) Notwithstanding any other provision of law, any person, board, commission or similar body that determines the qualifications of individuals for licensure, certification or registration may consider any felony conviction of the applicant, but such a conviction shall not operate as a bar to licensure, certification or registration.
(b) (1) Within 180 days of the effective date of this section, any person, board, commission or similar body that determines the qualifications of individuals for licensure, certification or registration shall revise their existing requirements to list the specific civil and criminal records that could disqualify an applicant from receiving a license, certification or registration. Such person, board, commission or similar body may only list any disqualifying criminal records or civil court records that are directly related to protecting the general welfare and the duties and responsibilities for such entities and in no case shall non-specific terms, such as moral turpitude or good character, or any arrests that do not result in a conviction be used to disqualify an individual's application for licensure, certification or registration.
(2) If an individual has a criminal record or civil court record that would disqualify the individual from receiving a license, certification or registration, other than a conviction for a crime that is a felony or a class A misdemeanor or any conviction for which issuance of such license, certification or registration could conflict with federal law, and the individual has not been convicted of any other crime in the five years immediately preceding the application for licensure, certification or registration, such record shall not be used to disqualify the individual for licensure, certification or registration for more than five years after the person satisfied the sentence imposed.
(3) An individual with a civil or criminal record may petition the person, board, commission or similar body responsible for licensure, certification or registration at any time for an informal, written advisory opinion concerning whether the individual's civil or criminal record will disqualify the individual from obtaining such license, certification or registration. This petition shall include details of the individual's civil or criminal record. In response to such petition, the person, board, commission or similar body responsible for licensure, certification or registration shall issue an informal, written advisory opinion which shall not be binding upon such person, board, commission or similar body. The person, board, commission or similar body responsible for licensure, certification or registration shall respond to such petition within 120 days of receiving the petition from the applicant and may charge up to $50 for the review and issuance of an informal, written advisory opinion in response to such petition.
(4) All persons, boards, commissions or similar licensing bodies shall adopt and publicly maintain all necessary rules and regulations for the implementation of this section.
(c) The provisions of subsection (b) shall not apply to the:
(1) Kansas commission on peace officers' standards and training;
(2) Kansas highway patrol;
(3) board of accountancy;
(4) behavioral sciences regulatory board;
(5) state board of healing arts;
(6) state board of pharmacy;
(7) emergency medical services board;
(8) board of nursing;
(9) Kansas real estate commission;
(10) office of the attorney general;
(11) department of insurance;
(12) any municipality as defined in K.S.A. 75-6102, and amendments thereto; and
(13) any profession that has an educational requirement for licensure that requires a degree beyond a bachelor's degree.
History: L. 1972, ch. 231, § 12; L. 2018, ch. 86, § 1; July 1.
History: L. 1973, ch. 354, § 1; L. 1975, ch. 462, § 109; Repealed, L. 1978, ch. 309, § 1; July 1.
History: L. 1973, ch. 354, § 2; Repealed, L. 1978, ch. 309, § 1; July 1.
History: L. 1973, ch. 354, § 3; L. 1975, ch. 397, § 1; Repealed, L. 1978, ch. 309, § 1; July 1.
History: L. 1973, ch. 354, § 4; L. 1974, ch. 348, § 45; Repealed, L. 1978, ch. 309, § 1; July 1.
History: L. 1973, ch. 354, § 5; Repealed, L. 1978, ch. 309, § 1; July 1.
History: L. 1973, ch. 354, § 6; L. 1975, ch. 397, § 2; Repealed, L. 1978, ch. 309, § 1; July 1.
On July 1, 1984, the following state agencies are hereby abolished:
(a) The advisory committee to the state board of agriculture on anhydrous ammonia created by K.S.A. 2-1213;
(b) the pesticide advisory board created by K.S.A. 2-2458;
(c) the state telecommunications advisory committee created by K.S.A. 75-4711; and
(d) the advisory committee to the executive director of the Kansas water resources board for weather modification created by K.S.A. 82a-1404.
History: L. 1984, ch. 1, § 1; July 1.
(a) On and after July 1, 1984, whenever any state agency abolished under K.S.A. 74-127 is referred to or designated by a statute, contract or other document, such reference or designation shall be void and of no force and effect.
(b) On July 1, 1984, all books, records and other property of any state agency abolished under K.S.A. 74-127 are hereby transferred to the state agency to which the abolished state agency was advisory.
(c) Whenever any conflict arises as to the proper disposition of any books, records and other property as a result of any abolishment or transfer made under this act, or under authority of this act, such conflict shall be resolved by the governor and the decision of the governor shall be final.
History: L. 1984, ch. 1, § 2; July 1.
On July 1, 1984, the following state board and committees are hereby abolished:
(a) The day care advisory committee created by K.S.A. 39-1004;
(b) the rehabilitation and halfway house advisory committee created by K.S.A. 39-1203; and
(c) the natural and scientific areas advisory board created by K.S.A. 74-6605.
History: L. 1984, ch. 293, § 1; July 1.
(a) On July 1, 1984, whenever any board or committee abolished under K.S.A. 74-129 is referred to or designated by a statute, contract or other document, such reference or designation shall be void and of no force and effect.
(b) On July 1, 1984, all books, records and other property of any board or committee abolished under K.S.A. 74-129 are hereby transferred to the state agency to which such abolished board or committee was advisory.
(c) Whenever any conflict arises as to the proper disposition of any books, records and other property as a result of any abolishment or transfer made under this act, or under authority of this act, such conflict shall be resolved by the governor and the decision of the governor shall be final.
History: L. 1984, ch. 293, § 2; July 1.
On July 1, 1988, the following boards, councils, committees and commissions are hereby abolished:
(a) Governor's commission on fire protection personnel standards and education created by K.S.A. 31-151;
(b) armory board created by K.S.A. 48-315;
(c) land survey advisory committee created by K.S.A. 58-2007;
(d) renal disease advisory committee created by K.S.A. 65-1,100;
(e) joint council on recreation created by K.S.A. 74-4528;
(f) governor's commission on applied remote sensing created by K.S.A. 74-7701;
(g) state municipal accounting board created by K.S.A. 75-1118;
(h) state capitol murals committee created by K.S.A. 75-2246;
(i) committee on state and unified school districts' purchases created by K.S.A. 75-3318;
(j) industries advisory committee created by K.S.A. 75-5287;
(k) prerelease center local advisory committees created by K.S.A. 75-52,117;
(l) advisory committee on deferred compensation created by K.S.A. 75-5522; and
(m) advisory committee on food service and lodging standards created by K.S.A. 75-5629.
History: L. 1988, ch. 301, § 1; May 26.
On July 1, 1988, unless otherwise required by law, all books, records and other property of any board, council, committee or commission abolished by K.S.A. 74-131 shall remain in the custody of, or are hereby transferred to, the state agency to which such abolished board, council, committee or commission was advisory or associated.
History: L. 1988, ch. 301, § 2; May 26.
On July 1, 1988, all books, records and other property of the governor's commission on fire protection personnel standards and education abolished by K.S.A. 74-131 are hereby transferred to the custody of the office of the state fire marshal.
History: L. 1988, ch. 301, § 3; May 26.
On July 1, 1988, all books, records and other property of the joint council on recreation abolished by K.S.A. 74-131, and amendments thereto, are hereby transferred to the custody of the Kansas department of wildlife and parks.
History: L. 1988, ch. 301, § 4; L. 2012, ch. 47, § 90; L. 2023, ch. 7, § 116; July 1.
On July 1, 1988, all books, records, reports and other property of the land survey advisory committee abolished by K.S.A. 74-131 are hereby transferred to the custody of the state historical society.
History: L. 1988, ch. 301, § 5; May 26.
On July 1, 1988, all books, records, reports and other property of the governor's commission on applied remote sensing abolished by K.S.A. 74-131 are hereby transferred to the custody of the university of Kansas director of the applied remote sensing program.
History: L. 1988, ch. 301, § 6; May 26.
On July 1, 1988, whenever any board, council, committee or commission abolished under K.S.A. 74-131 is referred to or designated by statute, contract, lease, agreement or other document, such reference or designation shall be void and of no force and effect, except that nothing in this act shall in any way impair existing contracts, leases or agreements.
History: L. 1988, ch. 301, § 7; May 26.
No person appointed to any of the abolished boards, councils, committees and commissions, as specified in K.S.A. 74-131, shall have to file a statement of substantial interest pursuant to K.S.A. 46-215 et seq., and amendments thereto, or K.S.A. 75-4301 et seq., and amendments thereto, in 1988.
History: L. 1988, ch. 301, § 32; May 26.
(a) In addition to any information required to be submitted to a state authority by an applicant for original licensure, certification or registration, or a renewal thereof, the applicant shall be requested to provide the social security number of such applicant. Upon request of the director of taxation, each such authority shall provide to the director of taxation a listing of all such applicants, along with such applicant's social security number and address.
(b) The provisions of this section shall apply to all such applications for licensure, certification or registration, or renewal thereof, submitted after December 31, 1988.
History: L. 1988, ch. 307, § 1; July 1.
(a) On July 1, 1992, the following state boards, commissions and committees shall be and hereby are abolished:
(1) The midwest nuclear board created by Article II of the Midwest Nuclear Compact (article 20 of chapter 48 of Kansas Statutes Annotated);
(2) the milk advisory committee established by K.S.A. 65-737b;
(3) the hazardous waste disposal facility approval board established by K.S.A. 65-3432;
(4) the advisory board on low-level radioactive waste established by K.S.A. 65-34a03;
(5) the advisory committee on podiatry established by K.S.A. 74-2807;
(6) the information systems policy board established by K.S.A. 75-4708;
(7) the corrections ombudsman board established by K.S.A. 74-7401; and
(8) the advisory commission on health and environment established by K.S.A. 75-5656.
(b) On and after July 1, 1992, whenever any board, commission or committee abolished by this act is referred to or designated by a statute, contract or other document, such reference or designation shall be null and void and of no force or effect.
(c) On July 1, 1992, all records, books, memoranda, writings and other property of any board, commission or committee abolished by this act shall be and hereby are transferred to the state agency to which such abolished board, commission or committee was advisory or attached.
(d) On July 1, 1992, all unexpended balances of appropriations made for any board, commission or committee abolished by this act shall lapse.
(e) On July 1, 1992, all moneys received by any board, commission or committee abolished by this act from private donors shall be transferred to the state agency to which such abolished board, commission or committee was advisory or attached and shall be used by such state agency for the purposes for which such moneys were donated.
(f) All officers and employees who were engaged immediately prior to July 1, 1992, in the exercise of powers or the performance of duties and functions of or on behalf of any board, commission or committee abolished by this act and who, in the opinion of the head of the state agency to which such abolished board, commission or committee was advisory or attached, are necessary to the exercise of powers or the performance of duties and functions of the state agency shall remain or become officers and employees of the state agency. Any such officer or employee shall retain all retirement benefits and rights of civil service which had accrued to or vested in such officer or employee prior to July 1, 1992, and the service of each such officer and employee shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
(g) No vested right of any person shall be affected and no lawful claim of any person against the state shall abate by reason of the abolition by this act of any board, commission or committee, nor shall any lawful claim or right of the state abate by reason of abolition of any such board, commission or committee. Responsibility for litigation or other reconciliation of such rights and claims is hereby transferred to and imposed upon the state agencies, respectively, to which such boards, commissions or committees were advisory or attached.
(h) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any board, commission or committee abolished by this act, or by or against any officer or employee of any such board, commission or committee in relation to the discharge of duties imposed on such officer or employee by law, shall abate by reason of the abolition of such board, commission or committee. The court may allow any such suit, action or other proceeding to be maintained by or against the state agencies, respectively, to which such boards, commissions or committees were advisory or attached.
(i) No criminal action commenced or which could have been commenced by the state shall abate by reason of the abolition by this act of any board, commission or committee.
(j) When any conflict arises as to the disposition of any power, duty or function or the unexpended balance of any appropriation or any unexpended moneys received from private persons or organizations as a result of the abolition by this act of any board, commission or committee, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(k) When any conflict arises as to the proper disposition of any property or records as a result of the abolition by this act of any board, commission or committee, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(l) As used in this section with respect to abolition by this act of the midwest nuclear board, the term "state agency to which such abolished board, commission or committee was advisory or attached" means the office of the governor.
History: L. 1992, ch. 192, § 1; July 1.
(a) As used in K.S.A. 74-146 and 74-147 and amendments thereto:
(1) "Licensing body" means an official, agency, board or other entity of the state which authorizes individuals to practice a profession in this state and issues a license, certificate, permit or other authorization to an individual so authorized; and
(2) "licensee" means an individual who is or may be authorized to practice a profession in this state.
(b) All licensing bodies of this state shall have or adopt procedures for the suspension, termination, nonrenewal or denial of a licensee's authority to practice a profession in this state if the licensing body receives notice pursuant to K.S.A. 74-147 and amendments thereto.
History: L. 1994, ch. 292, § 15; L. 1997, ch. 182, § 75; July 3.
(a) Any notice to a licensing body served pursuant to K.S.A. 20-1204a, and amendments thereto, shall have attached a copy of the court order finding the licensee in contempt of court in a child support proceeding. Any notice to a licensing body served pursuant to K.S.A. 23-3119, and amendments thereto, shall have attached a copy of the warrant or subpoena outstanding against the licensee. Any notice to a licensing body served pursuant to K.S.A. 23-3120, and amendments thereto, shall have attached a copy of the court order stating the findings of fact required by K.S.A. 23-3120, and amendments thereto. The notice shall advise the licensing body of the duty to comply with K.S.A. 74-146 and 74-147, and amendments thereto; shall provide the name of the licensee and information which will assist the licensing body to identify the correct person; and shall provide the name, mailing address and telephone number of the person serving the notice. If inadequate identifying information is included in the notice, the licensing body shall promptly contact the person serving the notice to request additional information.
(b) If a licensing body receives a notice pursuant to subsection (a), the licensing body shall, within 30 days after receiving the notice, notify the licensee of the licensing body's intent to suspend or to withhold issuance or renewal of the licensee's authorization to practice a profession in this state and of the licensee's rights and duties under this section. If the licensing body does not receive sufficient information with the notice to identify the correct licensee, the 30 days shall commence when sufficient identifying information is received.
(c) If the licensing body receives a notice pursuant to subsection (a), the licensing body shall provide the licensee a temporary license, authorizing the individual to practice a profession in this state, if the licensee is otherwise eligible. The temporary license shall be valid for a period of six months from the date the notice to the licensee pursuant to subsection (b) was issued. A temporary license issued under this section shall not be extended, except that the licensing body may extend the temporary license up to 30 days to prevent extreme hardship for a person being served by the licensee. If the licensee does not furnish a release pursuant to subsection (c) within the time required by the licensing body, the licensing body shall proceed to suspend, terminate, deny or refuse to renew the licensee's authority to practice a profession in this state.
(d) If an authorization to practice a profession in this state is suspended, denied or not renewed pursuant to this section, any funds paid by the licensee shall not be refunded by the licensing body.
(e) If a temporary license has been issued pursuant to subsection (c), the licensee shall obtain a release from the court that authorized the notice to the licensing body, as a condition for the issuance or renewal of the licensee's authorization to practice a profession in this state. The licensing body may require the licensee to furnish the release before the temporary license expires.
(f) In any review of the licensing body's actions pursuant to K.S.A. 74-146 and 74-147, and amendments thereto, conducted by the licensing body at the request of the licensee, the issues shall be limited to the identity of the licensee and the validity of notices pursuant to this section. The licensing body shall have no jurisdiction over issues related to the support obligation of the licensee.
(g) The licensing body shall immediately terminate any proceedings, concerning a court order for support of a child, against a licensee upon presentation by the licensee of a notice of compliance from the court that authorized the initial notice as provided in subsection (a). The court shall issue a notice of compliance to the licensee if the licensee has contacted the court and is attempting to comply with a payment plan. If the licensee's license has been suspended or not renewed, and the licensee has provided the notice of compliance from the court and otherwise qualifies for the license, the licensing body shall reinstate the license or issue the renewal license to the licensee.
History: L. 1994, ch. 292, § 16; L. 1997, ch. 182, § 76; L. 2009, ch. 52, § 2; L. 2012, ch. 162, § 85; May 31.
(a) Except as otherwise provided in this section, the social security number of any individual applicant for a professional license, occupational license or marriage license shall be requested, if available, on the application for such license. As used in this section, "on the application" includes but is not limited to any document attached or supplemental to an application or any optically, electronically or magnetically recorded data related to an individual application.
(b) An agency or other body that accepts applications for professional, occupational or marriage licenses may permit the use of a Kansas driver's license number or a nondriver's identification card number on an application, provided that the agency or body so advises the applicant.
History: L. 1997, ch. 182, § 87; July 3.
(a) Notwithstanding any other provision of law, no professional licensing body shall suspend, deny, terminate or fail to renew the professional license of a licensee solely because such licensee has:
(1) Been convicted of a first violation of K.S.A. 8-1567, and amendments thereto, or an ordinance of a city in this state, a resolution of a county in this state or any law of another state, which ordinance, resolution or law prohibits the acts prohibited by that statute; or
(2) entered into a diversion agreement in lieu of further criminal proceedings, or pleaded guilty or nolo contendere, on a complaint, indictment, information, citation or notice to appear alleging a first violation of K.S.A. 8-1567, and amendments thereto, or an ordinance of a city in this state, a resolution of a county in this state or any law of another state, which ordinance or law prohibits the acts prohibited by that statute.
(b) The licensing body may, after providing the licensee notice and an opportunity to be heard in accordance with the Kansas administrative procedure act, determine how the violation described in subsection (a) will affect the licensee's professional license and may take any action authorized by law, including, but not limited to, alternative corrective measures in lieu of suspension, denial, termination or failure to renew the professional license of the licensee.
(c) Nothing in this section shall be construed to limit the authority of the division of vehicles of the department of revenue to restrict, revoke, suspend or deny a driver's license or commercial driver's license.
(d) As used in this section:
(1) "Licensee" means an individual who is or may be authorized to practice a profession in this state; and
(2) "professional licensing body" means an official, agency, board or other entity of the state which authorizes individuals to practice a profession in this state and issues a license, certificate, permit or other authorization to an individual so authorized.
History: L. 2011, ch. 105, § 1; July 1.
History: L. 1915, ch. 296, § 5; L. 1919, ch. 256, § 1; R.S. 1923, 74-201; L. 1933, ch. 272, § 1; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1933, ch. 272, § 2; Repealed, L. 1945, ch. 282, § 69; July 1.
History: R.S. 1923, 74-202; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1913, ch. 288, § 1; L. 1919, ch. 269, § 1; R.S. 1923, 74-301; L. 1933, ch. 273, § 1; Repealed, L. 1937, ch. 303, § 13; April 6.
History: L. 1933, ch. 273, § 2; Repealed, L. 1937, ch. 303, § 13; April 6.
History: L. 1933, ch. 273, § 3; L. 1933, ch. 106, § 1 (Special Session); Repealed, L. 1937, ch. 303, § 13; April 6.
History: R.S. 1923, 74-302; Repealed, L. 1937, ch. 303, § 13; April 6.
History: L. 1923, ch. 10, §§ 2, 3; R.S. 1923, 74-303, 74-304; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1923, ch. 10, § 5; R.S. 1923, 74-305; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1915, ch. 297, § 7; R.S. 1923, 74-306; Repealed, L. 1937, ch. 303, § 13; April 6.
History: L. 1923, ch. 219, §§ 1 to 7, 9; R.S. 1923, 74-401 to 74-408; Repealed, L. 1927, ch. 41, § 7; June 1.
History: R.S. 1923, 74-501; Repealed, L. 1961, ch. 377, § 2; June 30.
History: L. 1872, ch. 37, § 2; L. 1873, ch. 9, § 1; L. 1917, ch. 310, § 1; R.S. 1923, 74-502; L. 1931, ch. 280, § 1; L. 1953, ch. 364, § 1; L. 1982, ch. 310, § 1; L. 1987, ch. 5, § 1; L. 1992, ch. 116, § 32; Repealed, L. 1995, ch. 156, § 16; Repealed, L. 1995, ch. 236, § 16; May 4.
History: L. 1872, ch. 37, § 3; L. 1917, ch. 310, § 2; R.S. 1923, 74-503; L. 1931, ch. 280, § 2; L. 1953, ch. 364, § 2; L. 1961, ch. 377, § 1; L. 1982, ch. 310, § 2; L. 1987, ch. 5, § 2; Repealed, L. 1995, ch. 156, § 16; Repealed, L. 1995, ch. 236, § 16; May 4.
The secretary of agriculture shall publish an annual report, embracing a general view of the condition of agriculture throughout the state, accompanied by such essays, statements, statistics, diagrams, illustrations and recommendations as may be interesting and useful. Each legislator shall receive a copy of the annual report. In addition the secretary of agriculture may gather and prepare in the form of reports, pamphlets or press notices, such other information as may be of value in promoting the agricultural industry of the state or calculated to encourage immigration. The material may be printed and bound by the state in such editions as, in the judgment of the secretary of agriculture, may be necessary, if sufficient funds are available to the secretary of agriculture for that purpose. There shall be close cooperation between the Kansas department of agriculture and Kansas state university, and the staff of Kansas state university and experiment stations, on approval of the president of Kansas state university, shall render such services as they may be called upon to render in promoting the work of the Kansas department of agriculture.
History: L. 1872, ch. 37, § 4; L. 1917, ch. 310, § 3; R.S. 1923, 74-504; L. 1943, ch. 269, § 13; L. 1985, ch. 248, § 1; L. 2004, ch. 101, § 109; July 1.
To meet the needs and increasing demands for factual data in agricultural and marketing research and for sound practices and wise land use in the growth and development of the state's agricultural industry, the secretary of agriculture is hereby authorized to enlarge and improve its statistical service to provide more adequate and complete information than present facilities make possible.
History: L. 1947, ch. 9, § 1; L. 2004, ch. 101, § 110; July 1.
For the attainment of these objectives, the secretary of agriculture is authorized:
(a) To provide means of more effective assistance to county clerks and deputy assessors in securing a complete and accurate annual agricultural enumeration;
(b) to secure statistics relating to summer fallow and continuous crop acreage, depth of soil moisture, winter wheat abandonment and utilization of abandoned wheat acreage;
(c) to secure information relative to acreage of wheat by varieties;
(d) to secure monthly information on prices received by farmers for agricultural commodities sold by grades and classes;
(e) to gather monthly information relating to livestock slaughtered, market receipts by class, average weight and price;
(f) to gather information on monthly receipts and sales of milk for fluid consumption and prices received by producers and paid by consumers for milk;
(g) to determine farm and commercial grain storage capacity and secure information concerning soybean and flaxseed processing and alfalfa dehydrating plants in Kansas;
(h) to secure such other data as may be of service in the upbuilding and prosperity of the state's agriculture;
(i) to prepare and disseminate the information thus gathered in a suitable manner on a county, area and state basis;
(j) to make agreements with any other agency or educational institution of this state or its subdivisions or with any agency or educational institution of any other state or with the United States government or any of its agencies or any not-for-profit corporation or organization for data collection, processing of data, research studies, or any other purpose related to performing the duties of the statistical service of the Kansas department of agriculture;
(k) to conduct statistical surveys and studies for any other agency or educational institution of this state or its subdivisions or with any agency or educational institution of any other state or with the United States government or any of its agencies or any not-for-profit corporation or organization for a purpose related to performing the duties of the statistical service of the Kansas department of agriculture, and to make a reasonable service charge for conducting such studies; and
(l) to receive and accept funds from the United States government, or any of its agencies, or from any agency or educational institution of the state of Kansas or from any not-for-profit corporation or organization for performing statistical studies, data collection or for any other purposes related to the performance of any duties of the statistical service of the Kansas department of agriculture.
History: L. 1947, ch. 9, § 2; L. 1990, ch. 275, § 1; L. 2004, ch. 101, § 111; July 1.
History: L. 1967, ch. 413, § 4; L. 1974, ch. 348, § 46; Repealed, L. 1995, ch. 156, § 16; Repealed, L. 1995, ch. 236, § 16; May 4.
History: L. 1978, ch. 55, § 1; Repealed, L. 2001, ch. 18, § 1; July 1.
The secretary of agriculture shall remit all moneys received under K.S.A. 74-504b, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the agricultural statistics fund which is hereby created. All expenditures from such fund shall be made for any purpose consistent with K.S.A. 74-504b, and amendments thereto, and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or a person designated by the secretary.
History: L. 1990, ch. 275, § 2; L. 2001, ch. 5, § 297; L. 2004, ch. 101, § 112; July 1.
The Kansas department of agriculture shall be in the city of Topeka.
History: L. 1872, ch. 37, § 6; R.S. 1923, 74-505; L. 1957, ch. 442, § 5; L. 2004, ch. 101, § 113; July 1.
History: L. 1957, ch. 439, § 1; Repealed, L. 1967, ch. 434, § 69; July 1.
The personnel affected by this act [*] who have more than six (6) months satisfactory service shall upon the effective date of this act attain permanent status without examination or probationary period in the class to which the position is allocated. Accumulated sick and annual leave shall be credited to the individuals as determined by the appointing authority as of the effective date of this act, and their initial salary shall be at the step nearest their present salary but not above the top of the range. The time served by each of them prior to July 1, 1965, shall be credited in determining longevity and longevity benefits under the Kansas civil service act.
History: L. 1965, ch. 435, § 6; July 1.
The secretary of agriculture is hereby authorized to accept, in lieu of affidavits and verified reports required to be filed pursuant to K.S.A. 2-1004, 2-1205 and 2-2507, and amendments thereto, a report which otherwise complies with the requirements of the appropriate section, and is signed by an authorized person or official. The provisions of this act are supplemental to the statutes specified in this section.
History: L. 1967, ch. 7, § 1; L. 2004, ch. 101, § 114; July 1.
History: L. 1919, ch. 218, § 1; R.S. 1923, 74-506; Repealed, L. 1927, ch. 293, § 6; February 11.
For the purpose of consolidating the Kansas water commission and the division of irrigation there is hereby created a division of water resources within the Kansas department of agriculture.
History: L. 1927, ch. 293, § 1; L. 2004, ch. 101, § 115; July 1.
All of the authority, powers and duties now conferred and imposed by law upon the Kansas water commission and the state irrigation commissioner are hereby conferred upon the division of water resources created by this act, under the control, administration and supervision of the secretary of agriculture.
History: L. 1927, ch. 293, § 2; L. 2004, ch. 101, § 116; July 1.
The Kansas water commission and the division of irrigation are hereby abolished.
History: L. 1927, ch. 293, § 3; February 11.
The secretary of agriculture is hereby authorized to employ a chief engineer of the division of water resources and such expert assistants, clerical and other help as may be necessary to properly carry out the provisions of this act, and to fix their compensation. The chief engineer shall be under the classified service of the Kansas civil service act, but any vacant position of such expert assistants, clerical and other help necessary to carry out the provisions of this act may be converted by the secretary of agriculture to an unclassified position.
History: L. 1927, ch. 293, § 4; L. 1933, ch. 271, § 7; L. 1937, ch. 329, § 12; L. 1965, ch. 435, § 1; L. 2004, ch. 101, § 117; L. 2016, ch. 71, § 3; July 1.
History: L. 1927, ch. 293, § 5; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1919, ch. 218, § 2; R.S. 1923, 74-507; Repealed, L. 1927, ch. 293, § 6; February 11.
History: L. 1919, ch. 218, § 3; R.S. 1923, 74-508; Repealed, L. 1927, ch. 293, § 6; February 11.
History: L. 1919, ch. 218, § 4; R.S. 1923, 74-509; L. 2004, ch. 101, § 118; Repealed, L. 2013, ch. 111, § 10; July 1.
History: L. 1929, ch. 253, § 1; Repealed, L. 1933, ch. 274, § 1; February 22.
History: L. 1933, ch. 206, § 1; Repealed, L. 1945, ch. 390, § 25; June 28.
Revisor's Note: Transferred to 82a-719.
History: L. 1933, ch. 206, § 3; Repealed, L. 1945, ch. 390, § 25; June 28.
Revisor's Note: Transferred to 82a-720.
It is hereby made the duty of all departments of the state government and of the university of Kansas and Kansas state university of agriculture and applied science and its branches and experiment stations to furnish information and assistance to such chief engineer upon his request therefor.
History: L. 1919, ch. 218, § 5; R.S. 1923, 74-510; L. 1945, ch. 390, § 22; June 28.
The chief engineer of the division of water resources of the Kansas department of agriculture is hereby authorized to delegate to staff members any duty or function prescribed for the chief engineer by law. The chief engineer may designate any staff member to represent the chief engineer officially for any specifically designated purpose.
History: L. 1977, ch. 354, § 1; L. 2004, ch. 101, § 119; July 1.
A state entomological commission shall be established by the state of Kansas. The purpose of the commission is to suppress and eradicate San Jose scale and other dangerous insect pests and plant diseases throughout the state of Kansas, and making the commission an auxiliary of the Kansas department of agriculture and placing the same under the supervision of the department.
History: L. 1907, ch. 386, § 1; L. 1919, ch. 9, § 1; R.S. 1923, 74-511; L. 2004, ch. 101, § 120; July 1.
History: L. 1907, ch. 386, § 2; R.S. 1923, 74-512; Repealed, L. 1963, ch. 395, § 3; July 1.
History: R.S. 1923, 74-513; Repealed, L. 1963, ch. 395, § 3; July 1.
History: L. 1907, ch. 386, § 10; R.S. 1923, 74-514; Repealed, L. 1943, ch. 269, § 28; June 30.
History: L. 1907, ch. 386, § 12; R.S. 1923, 74-515; Repealed, L. 1963, ch. 395, § 3; July 1.
All the powers, duties, authority, and jurisdiction now vested in and imposed upon the state entomological commission and its secretary by articles 4, 7, 21, and 24, chapter 2 of the Kansas Statutes Annotated, and amendments thereto, are hereby transferred to and conferred upon the Kansas department of agriculture and its secretary, and the secretary of agriculture is hereby empowered and directed to do all things necessary and convenient for the proper exercise of all such powers, duties, authority and jurisdiction. The state entomological commission is hereby abolished.
History: L. 1963, ch. 395, § 1; L. 2004, ch. 101, § 121; July 1.
Employees of the state entomological commission in the classified service under the Kansas civil service act on the effective date of this act, shall be employed in the same or comparable positions in the Kansas department of agriculture, and shall retain, rights and status acquired under said civil service act. The secretary of the Kansas department of agriculture shall have the power and authority to appoint, in accordance with the provisions of the Kansas civil service act, such entomologists, and other assistants as may be necessary to administer articles 4, 7, 21, and 24 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1963, ch. 395, § 2; L. 2004, ch. 101, § 122; July 1.
History: L. 1923, ch. 104, §§ 1 to 4; R.S. 1923, 74-516 to 74-519; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1913, ch. 293, § 3; R.S. 1923, 74-520; L. 1925, ch. 252, § 1; L. 1987, ch. 5, § 3; L. 1994, ch. 311, § 2; Repealed, L. 1994, ch. 311, § 11; March 15, 1995.
(a) On and after March 15, 1995, the Kansas state fair board is hereby established. The Kansas state fair board shall consist of the following members:
(1) The secretary of agriculture or the successor of the secretary of agriculture, or the secretary's designee;
(2) the secretary of commerce, or the secretary's designee;
(3) the director of extension of Kansas state university of agriculture and applied science, or the director's designee;
(4) one person appointed by the governor from three persons nominated by the Kansas chamber of commerce and industry;
(5) one person appointed by the governor from three persons nominated by the travel industry association of Kansas;
(6) one person appointed by the governor from three persons nominated by the Kansas fairs association; and
(7) seven people from the general public appointed by the governor. Of such people appointed, one shall be from each of the five extension areas, as established in subsection (e), and two shall represent the state at large. Directors of each extension area shall submit three nominations to the governor. Such persons nominated shall be actively involved in agriculture production or agribusiness.
(b) Of the persons initially appointed by the governor under subsection (a), three shall have a term of one year, three shall have a term of two years and three shall have a term of three years and until a successor is appointed and qualified. Thereafter, all members shall have terms of three years and until a successor is appointed and qualified.
(c) Any vacancy occurring on the Kansas state fair board shall be filled as the original appointment was made.
(d) If any of the members able to appoint a designee does so, the designee shall be appointed for a term of not less than one year.
(e) For the purpose of this section the state shall be divided into five extension areas. The northwest extension area shall include the following counties: Cheyenne, Rawlins, Decatur, Norton, Phillips, Smith, Osborne, Rooks, Graham, Sheridan, Thomas, Sherman, Wallace, Logan, Gove, Trego, Ellis, Russell, Barton, Rush and Ness. The southwest extension area shall include the following counties: Greeley, Wichita, Scott, Lane, Pawnee, Hodgeman, Finney, Kearny, Hamilton, Edwards, Ford, Gray, Haskell, Grant, Stanton, Morton, Stevens, Seward, Meade, Clark, Comanche and Kiowa. The south central extension area shall include the following counties: Lincoln, Ottawa, Dickinson, Ellsworth, Saline, Rice, McPherson, Marion, Reno, Harvey, Butler, Kingman, Sedgwick, Cowley, Sumner, Harper, Barber, Pratt and Stafford. The southeast extension area shall include the following counties: Morris, Chase, Lyon, Osage, Franklin, Miami, Coffey, Anderson, Linn, Bourbon, Allen, Woodson, Greenwood, Elk, Wilson, Neosho, Crawford, Chautauqua, Montgomery, Labette and Cherokee. The northeast extension area shall include the following counties: Jewell, Republic, Washington, Marshall, Nemaha, Brown, Doniphan, Mitchell, Cloud, Clay, Riley, Pottawatomie, Jackson, Atchison, Jefferson, Leavenworth, Wyandotte, Johnson, Douglas, Shawnee, Wabaunsee and Geary.
(f) (1) The Kansas state fair board is authorized to establish a nonprofit corporation organized under section 501(c)(3) of the internal revenue code of 1986. The board of directors of the nonprofit corporation shall consist of the members of the executive committee of the fair board, the general manager and other directors designated by the fair board.
(2) The purpose of the nonprofit corporation shall be to receive gifts, donations, grants and other moneys and engage in fundraising projects for the benefit of the Kansas state fair.
History: L. 1994, ch. 311, § 1; L. 2003, ch. 154, § 24; L. 2011, ch. 104, § 10; L. 2019, ch. 34, § 1; July 1.
The Kansas state fair board shall organize by the election, from their own number, of a president, a vice-president and a treasurer, each of whom shall hold office for a term of one year, and until their successors are elected and qualified. The Kansas state fair board shall select and purchase a seal to authenticate such board's acts. The board shall have power to meet for the transaction of business under the call of the president when necessary; to fully control and regulate the time and manner of holding a state fair; to appoint all necessary subordinate officers and employees within appropriations therefor; to fix and establish premiums and awards for exhibitors and contestants, and pay the premiums and awards; to budget and expend funds for necessary printing and advertising for a state fair; and to do and perform all other matters pertinent in connection with the holding of a state fair. The board shall appoint a secretary, who will be designated the general manager of the state fair, and shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary fixed by the board and approved by the governor. The board members shall serve on committees which may be established by the board, or the president, and to which the board members are assigned by the board or the president. Members of the Kansas state fair board attending meetings of such board, or attending a subcommittee meeting thereof authorized by the board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
History: L. 1913, ch. 293, § 4; R.S. 1923, 74-521; L. 1925, ch. 252, § 2; L. 1967, ch. 413, § 2; L. 1974, ch. 348, § 47; L. 1987, ch. 5, § 20; L. 1988, ch. 293, § 1; L. 1994, ch. 311, § 4; March 15, 1995.
The members of the Kansas state fair board when attending meetings authorized by the board shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
History: L. 1913, ch. 293, § 5; L. 1921, ch. 13, § 4; R.S. 1923, 74-522; L. 1925, ch. 252, § 3; L. 1987, ch. 5, § 21; L. 1994, ch. 311, § 5; March 15, 1995.
The Kansas state fair board may adopt rules and regulations regarding the holding of the state fair and the control and government thereof.
History: L. 1913, ch. 293, § 6; R.S. 1923, 74-523; L. 1987, ch. 5, § 22; L. 1994, ch. 311, § 6; March 15, 1995.
A majority of the current members of the state fair board shall constitute a quorum to transact business.
History: L. 1913, ch. 293, § 7; R.S. 1923, 74-524; L. 1987, ch. 5, § 23; L. 1994, ch. 311, § 3; May 12.
The name of the board of state fair managers is hereby changed to the state fair board. All properties, moneys, appropriations, powers, duties and authority now vested in the board of state fair managers shall be vested in the state fair board. Whenever the board of state fair managers, or words of like effect, is referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the state fair board.
History: L. 1987, ch. 5, § 4; April 30.
On and after March 15, 1995, the state fair board established by K.S.A. 74-520 is hereby abolished.
History: L. 1994, ch. 311, § 7; May 12.
On and after March 15, 1995: (a) All of the powers, duties, functions, records, property and personnel of the existing state fair board are hereby transferred to and conferred and imposed upon the Kansas state fair board.
(b) The Kansas state fair board created by this act shall be the successor in every way to the powers, duties and functions of the state fair board in which the same were vested prior to the effective date of this act. Every act performed under the authority of the Kansas state fair board created by this act shall be deemed to have the same force and effect as if performed by the state fair board in which such functions were vested prior to the effective date of this act.
(c) Whenever the state fair board or words of like effect, is referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to the Kansas state fair board created by this act.
(d) All rules and regulations and all orders or directives of the state fair board in existence on the effective date of this act, shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the Kansas state fair board created by this act, until revised, amended, repealed or nullified pursuant to law.
(e) The Kansas state fair board created by this act shall be a continuation of the state fair board provided under K.S.A. 74-520 and amendments thereto.
History: L. 1994, ch. 311, § 8; May 12.
On and after March 15, 1995, all officers and employees who were engaged immediately prior to the effective date of this act in the performance of powers, duties and functions of any existing state fair board which is abolished by this act, and who, in the opinion of the Kansas state fair board, are necessary to perform the powers, duties and functions of the Kansas state fair board shall remain officers and employees of the Kansas state fair board, and shall retain all retirement benefits and all rights of civil service which such officer or employee had before such date, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified service shall be in accordance with civil service laws and rules and regulations.
History: L. 1994, ch. 311, § 9; May 12.
Revisor's Note: Later act, see 2-205.
History: L. 1923, ch. 17, § 3; R.S. 1923, 74-525; Repealed, L. 1955, ch. 3, § 5; April 9.
History: L. 1949, ch. 65, § 1; L. 1955, ch. 3, § 4; L. 1979, ch. 239, § 3; Repealed, L. 1980, ch. 234, § 1; July 1.
History: R.S. 1923, 74-526; L. 1957, ch. 423, § 1; Repealed, L. 1967, ch. 434, § 69; July 1.
History: L. 1913, ch. 293, § 11; R.S. 1923, 74-527; Repealed, L. 1979, ch. 239, § 4; July 1.
History: L. 1925, ch. 251, §§ 1, 2; Repealed, L. 1963, ch. 396, § 1; June 30.
History: L. 1947, ch. 8, § 1; L. 1988, ch. 294, § 1; Repealed, L. 1996, ch. 209, § 29; July 1.
The secretary of agriculture may adopt rules and regulations necessary to carry out provisions of K.S.A. 74-532, 74-534, 74-535, 74-536, 74-538 and 74-539, and amendments thereto, and to make and promulgate standards, both for receptacles and for the grade and classification of agricultural products, by which their identity, quantity, quality, and value may be determined, and recommend the same for voluntary use by producers, distributors, vendors and others as the standards, grades or classifications to be adopted for the marketing of same. Such standards, grades or classifications shall not be lower in their requirements than the minimum requirements of the official standards for corresponding standards, grades and classifications commonly known as United States grades promulgated from time to time by the secretary of agriculture of the United States. Such rules and regulations shall be duly promulgated and filed as required by law.
History: L. 1947, ch. 8, § 2; L. 1996, ch. 209, § 21; July 1.
The grading and inspection services provided for in K.S.A. 74-531, and amendments thereto, shall be furnished either independently or in cooperation with any federal or state agency, to any person, group of persons, partnership, firm, company, corporation or association engaged in the production, marketing or processing of farm products who requests such services for such person's products when in the judgment of the secretary, such services are warranted.
History: L. 1947, ch. 8, § 3; L. 1996, ch. 209, § 22; July 1.
History: L. 1947, ch. 8, § 4; L. 1965, ch. 435, § 4; Repealed, L. 1996, ch. 209, § 29; July 1.
The secretary of agriculture is authorized to employ, license, or designate qualified persons to inspect and classify agricultural products, and to certify as to grade or classification of such products in accordance with the standards made effective under K.S.A. 74-531 and 74-532, and amendments thereto, and shall fix, assess, and collect necessary and reasonable fees for such service. The secretary of agriculture shall remit all moneys received by or for it under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the market division fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person or persons designated by the secretary.
History: L. 1947, ch. 8, § 5; L. 1973, ch. 2, § 29; L. 1996, ch. 209, § 23; L. 2001, ch. 5, § 298; July 1.
A certificate of the grade, or other classification of any farm products issued under this act, shall be accepted in any court of this state as prima facie evidence of the true grade or classification of such farm products as the same existed at the time of its classification.
History: L. 1947, ch. 8, § 6; June 30.
Nothing herein contained shall be construed as limiting or extending the authority conferred by law upon the chief inspector of grain, or the state dairy commissioner, nor giving any authority in regard to grain or dairy products, which will in any way conflict with authority heretofore conferred by law upon the said chief inspector of grain and the state dairy commissioner.
History: L. 1947, ch. 8, § 7; June 30.
History: L. 1947, ch. 8, § 9; Repealed, L. 1973, ch. 2, § 36; July 1.
It shall be unlawful to stamp, label or mark any product or container of products so as to indicate that such product or products have been graded or inspected hereunder, unless such product or products have been actually so graded or inspected. Any person, partnership, firm, company, corporation or association violating any of the provisions of this act or any rule or regulation promulgated by the board and filed as provided by law shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars.
History: L. 1947, ch. 8, § 10; June 30.
If any part of this act be declared unconstitutional by any court of competent jurisdiction, the validity of the remaining parts of the act shall not thereby be affected or impaired.
History: L. 1947, ch. 8, § 11; June 30.
History: L. 1985, ch. 3, § 1; Repealed, L. 1996, ch. 209, § 29; July 1.
History: L. 1988, ch. 294, §§ 2 to 4; Repealed, L. 1996, ch. 209, § 29; July 1.
The legislature finds and declares as follows: (a) That there exists in this state a pressing need to bring financial aid to the agricultural economy; (b) that there currently exists in this state an inadequate supply of funds at interest rates sufficiently low to enable persons engaged in agriculture in this state to continue their operations at current production levels; (c) that such inability to continue operations over a period of time will decrease available employment in the agricultural sector of the state and result in unemployment and its attendant problems; (d) that the federal farmers home administration currently has a huge backlog of loan applications and has need for additional personnel to process this backlog and help make such money available to Kansas farmers; (e) that current bank employees, retired bankers and other persons who have an agricultural lending background could be of assistance in processing such applications and in counseling farm borrowers; and (f) that in order to help alleviate the current shortage of funds and to speed the processing and distribution of funds available through the federal farmers home administration a cooperative effort between state and private nonprofit organizations or professional and trade associations should be undertaken to help process the funds which are available on a timely basis.
History: L. 1985, ch. 2, § 1; March 21.
The secretary of agriculture is hereby authorized and directed to coordinate a program with the Kansas bankers association and other such nonprofit organizations and associations in which persons who have an agricultural lending background and experience are encouraged to volunteer to assist the federal farmers home administration in the processing of farm loan applications and counseling borrowers on financial and technical matters related thereto. Within the limits of appropriations therefor and subject to the provisions of appropriations acts relating thereto, the secretary of agriculture may provide reimbursement of necessary mileage and may pay subsistence expenses to persons participating in such programs of providing voluntary assistance to the federal farmers home administration in the processing of farm loan applications. The amount of payment for mileage and subsistence expenses provided to any person under this section shall not exceed the amounts authorized to be paid for mileage and subsistence expenses under K.S.A. 75-3223, and amendments thereto. The secretary may enter into contracts to carry out the purposes of this act. These contracts shall not be subject to the competitive bidding requirements of K.S.A. 75-3739, and amendments thereto.
History: L. 1985, ch. 2, § 2; L. 2004, ch. 101, § 123; July 1.
This act shall be known and may be cited as the emergency farm credit relief act.
History: L. 1985, ch. 2, § 3; March 21.
History: L. 1985, ch. 6, § 1; Expired, September 30, 1996.
History: L. 1985, ch. 6, § 2; L. 1987, ch. 291, § 1; L. 1988, ch. 295, § 1; L. 1989, ch. 228, § 1; L. 1991, ch. 233, § 1; L. 1996, ch. 129, § 6; Expired, September 30, 1996.
For the purposes of the powers, duties and functions of the Kansas department of agriculture and the divisions and offices thereunder, the secretary of agriculture may apply for, receive and administer federal funds and may enter into contracts therefor with the federal government and its agencies and with other state agencies.
History: L. 1984, ch. 277, § 1; L. 2004, ch. 101, § 124; July 1.
History: L. 1988, ch. 165, § 2; L. 1996, ch. 209, § 24; Repealed, L. 2012, ch. 140, § 146; July 1.
History: L. 1994, ch. 308, § 1; L. 1996, ch. 209, § 25; L. 2004, ch. 101, § 196; L. 2012, ch. 140, § 2; Expired, July 1, 2016.
History: L. 1994, ch. 308, § 2; L. 1996, ch. 209, § 26; L. 2004, ch. 101, § 175; L. 2012, ch. 140, § 3; Expired, July 1, 2016.
(a) There is hereby created a laboratory equipment fund in the state treasury. All moneys credited to the laboratory equipment fund shall be expended for the acquisition, maintenance and replacement of equipment used by the Kansas department of agriculture laboratory and metrology laboratory.
(b) Upon request of the secretary of agriculture the director of accounts and reports shall transfer no more than 10% of the carry-over balance of any fee fund specified in subsection (c) on June 30 in any fiscal year to the laboratory equipment fund.
(c) The following fee funds are subject to this transfer:
(1) The dairy fee fund established pursuant to K.S.A. 65-782, and amendments thereto;
(2) the feeding stuffs fee fund established pursuant to K.S.A. 2-1012, and amendments thereto;
(3) the fertilizer fee fund established pursuant to K.S.A. 2-1205, and amendments thereto;
(4) the pesticide use fee fund established pursuant to K.S.A. 2-2464a, and amendments thereto;
(5) the agricultural liming materials fee fund established pursuant to K.S.A. 2-2911, and amendments thereto;
(6) the petroleum inspection fund established pursuant to K.S.A. 55-427, and amendments thereto;
(7) the meat and poultry inspection fee fund established pursuant to K.S.A. 65-6a45, and amendments thereto;
(8) the entomology fee fund established pursuant to K.S.A. 2-2128, and amendments thereto; and
(9) the weights and measures fee fund as described pursuant to K.S.A. 83-302, and amendments thereto.
(d) In any fiscal year, the total amount of fees in the fund shall not exceed $500,000.
(e) All expenditures from the laboratory equipment fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person or persons designated by the secretary.
History: L. 1994, ch. 336, § 1; L. 2004, ch. 101, § 125; L. 2010, ch. 22, § 1; July 1.
History: L. 1994, ch. 174, § 1; L. 1995, ch. 81, § 1; L. 1995, ch. 241, § 7; L. 2004, ch. 101, § 126; Repealed, L. 2012, ch. 140, § 146; July 1.
(a) On and after the effective date of this act, in order to reorganize the administration, planning and regulation of the state's agriculture industry there is hereby established within the executive branch of government the Kansas department of agriculture, which shall be administered under the direction and supervision of a secretary of agriculture.
(b) The secretary shall be appointed by the governor. The secretary shall have a demonstrated executive and administrative ability to discharge the duties of the office of secretary. Every appointed secretary of agriculture shall be appointed subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as secretary shall exercise any power, duty or function as secretary until confirmed by the senate. The secretary shall be a member of the governor's cabinet. The secretary shall serve at the pleasure of the governor. The secretary shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary to be fixed by the governor.
(c) The secretary shall organize an annual public informational meeting. The meeting shall take place in each congressional district on a rotating basis.
(d) The provisions of the Kansas governmental operations accountability law apply to the Kansas department of agriculture, and the department is subject to audit, review and evaluation under such law.
History: L. 1995, ch. 236, § 1; L. 2001, ch. 86, § 5; L. 2004, ch. 147, § 15; L. 2008, ch. 121, § 10; July 1.
The secretary of agriculture may appoint an assistant secretary or secretaries of agriculture, who shall serve at the pleasure of the secretary of agriculture. Any such assistant secretary of agriculture shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of agriculture with the approval of the governor. The secretary of agriculture also may appoint such other staff assistants and employees as are necessary to enable the secretary to carry out the duties of the office. Except as otherwise provided in this act and in K.S.A. 75-2935, and amendments thereto, such staff assistants and employees shall be within the classified service under the Kansas civil service act. The assistant secretary or secretaries of agriculture and such other staff assistants and employees shall be within the Kansas department of agriculture and shall have such powers, duties and functions as are assigned to them by the secretary or are prescribed by law. Such assistant secretary or secretaries of agriculture, staff assistants and employees shall act for and exercise the powers of the secretary of agriculture to the extent authority to do so is delegated by the secretary of agriculture.
History: L. 1995, ch. 236, § 2; L. 2004, ch. 101, § 197; July 1.
(a) On the effective date of this act, there is hereby created within and as part of the Kansas department of agriculture a state board of agriculture.
(b) The board shall be composed of nine members who shall be appointed by the governor. One member shall be appointed from each congressional district with the remaining members appointed at large, however, no two members shall reside in the same county at the time of their appointment. At no time shall more than five members of the board of agriculture be members of the same political party.
(c) Subsequent redistricting shall not disqualify any member of the board from service for the remainder of such member's term.
(d) The regular term of office of members of the board of agriculture shall be four years. Regular terms shall commence on the second Monday in January following appointment of the board member.
(e) Of the members of the board appointed in the year 1995: (1) Four members shall have terms ending on the second Monday in January 2001 and no more than two such members shall be members of the same political party; and (2) five members shall have terms ending on the second Monday in January 1999 and no more than three such members shall be members of the same political party.
(f) Any member appointed subsequent to 1995 shall be appointed for a four-year term, unless such appointment is to fill the unexpired term where a vacancy has occurred on the board, in which case the member shall be appointed for the remainder of the unexpired term.
(g) No officer or employee of the Kansas department of agriculture shall be a member of the state board of agriculture.
History: L. 1995, ch. 236, § 3; L. 2004, ch. 101, § 176; July 1.
(a) The initial meeting of the board shall commence following the appointment of all board members by the governor. The governor shall certify to the secretary of state that all board members have been appointed. Such certification shall be published in the Kansas register. One week following such publication, the board shall meet in the office of the secretary of state in the state capitol building, and such meeting shall commence at 10:00 o'clock a.m. The initial meeting of the board may be recessed and moved to another meeting place by common consent of the members.
(b) Meetings of the board subsequent to its initial meeting shall be held and conducted as provided in this act in accordance with policies and procedures established by the board.
(c) Commencing at the time of the initial meeting of the board, the powers, authorities, duties and responsibilities conferred and imposed upon the board by this act shall be operative and effective.
History: L. 1995, ch. 236, § 4; May 4.
At the board's initial meeting and at the board's first meeting after the second Monday in January of each odd-numbered year, the board shall organize by election of a chairperson, vice-chairperson and such other officers as the board deems appropriate.
History: L. 1995, ch. 236, § 5; May 4.
A quorum of the board shall be five members and no meeting shall commence until a quorum is present, but any number of members less than a quorum may recess a meeting to a later time. Official actions of the board shall be adopted by a favorable vote of five or more members. A recorded vote shall be taken and made a part of the board's public record.
History: L. 1995, ch. 236, § 6; May 4.
The state board of agriculture may authorize members thereof to attend in-state meetings for participation in matters of agricultural interest to the state of Kansas, and when attending a meeting so authorized, members shall receive compensation and travel expenses and subsistence allowances as provided in K.S.A. 75-3212, and amendments thereto, for members of the legislature. Whenever under any provision of law, a member of the state board of agriculture is authorized to attend an out-of-state meeting, or whenever the state board of agriculture authorizes one of its members to attend an out-of-state meeting for participation in matters of agricultural interest to the state of Kansas, such members, when attending a meeting so authorized, shall receive compensation and travel expenses and subsistence allowances as provided in K.S.A. 75-3212, and amendments thereto, for members of the legislature.
History: L. 1995, ch. 236, § 7; May 4.
(a) The state board of agriculture shall have such powers, duties and functions as prescribed by this section. The board shall serve in an advisory capacity to the governor and the secretary to review and make recommendations on department legislative initiatives and proposed rules and regulations or proposed revised rules and regulations prior to the submission of such rules and regulations to the secretary of administration pursuant to K.S.A. 77-420, and amendments thereto, other than rules and regulations pertaining to personnel matters of the department, rules and regulations of the division of water resources and rules and regulations of the division of food safety. The board shall not have any powers, duties or functions concerning the day-to-day operations of the Kansas department of agriculture.
(b) The board shall serve in an advisory capacity to the agriculture marketing and promotions program within the Kansas department of agriculture. The board shall advise the program on issues and concerns relating to agriculture products development and marketing.
(c) The agriculture marketing and promotions program of the Kansas department of agriculture shall report to the board, at not less than two meetings of such board each year, on the activities and functions of the program.
History: L. 1995, ch. 236, § 8; L. 1996, ch. 209, § 28; L. 2003, ch. 154, § 25; L. 2004, ch. 147, § 9; L. 2012, ch. 140, § 120; July 1.
History: L. 1995, ch. 236, § 8; L. 1996, ch. 209, § 28; L. 2003, ch. 154, § 25; L. 2004, ch. 101, § 177; Repealed, L. 2005, ch. 186, § 22; May 12.
(a) The state board of agriculture created by K.S.A. 74-503, and amendments thereto, and the office of secretary of the state board of agriculture created by K.S.A. 74-503, and amendments thereto, are hereby abolished.
(b) Except as otherwise provided by this act, all of the powers, duties and functions of the existing state board of agriculture and the existing secretary of the state board of agriculture are hereby transferred to and conferred and imposed upon, the department of agriculture and the secretary of agriculture established by this act.
(c) Except as otherwise provided by this act, the department of agriculture and the secretary of agriculture established by this act shall be the successor in every way to the powers, duties and functions of the state board of agriculture and the secretary of agriculture in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the department of agriculture or the secretary of agriculture established by this act shall be deemed to have the same force and effect as if performed by the state board of agriculture or the secretary of the state board of agriculture, respectively, in which such powers, duties and functions were vested prior to the effective date of this act.
(d) Except as otherwise provided by this act, whenever the state board of agriculture, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of agriculture established by this act.
(e) Except as otherwise provided by this act, whenever the secretary of the state board of agriculture, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of agriculture established by this act.
(f) All rules and regulations of the state board of agriculture or the secretary of the state board of agriculture in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of agriculture established by this act until revised, amended, revoked or nullified pursuant to law.
(g) All rules and regulations of the division of water resources of the state board of agriculture or the chief engineer of the division of water resources of the state board of agriculture in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the chief engineer of the division of water resources of the department of agriculture established by this act until revised, amended, revoked or nullified pursuant to law.
(h) All orders and directives of the state board of agriculture or the secretary of the state board of agriculture in existence on the effective date of this act shall continue to be effective and shall be deemed to be orders and directives of the secretary of agriculture established by this act, until revised, amended or nullified pursuant to law.
(i) On the effective date of this act, the secretary of agriculture shall succeed to whatever right, title or interest the state board of agriculture has acquired in any real property in this state, and the secretary shall hold the same for and in the name of the state of Kansas. On and after the effective date of this act, whenever any statute, contract, deed or other document concerns the power or authority of the state board of agriculture or the secretary of the state board of agriculture to acquire, hold or dispose of real property or any interest therein, the secretary of agriculture shall succeed to such power or authority.
(j) The secretary of agriculture established by this act shall be continuations of the state board of agriculture and the secretary of the state board of agriculture.
History: L. 1995, ch. 236, § 9; May 4.
(a) The secretary of agriculture may organize the department of agriculture in the manner the secretary deems most efficient, so long as the same is not in conflict with the provisions of this act or with the provisions of law, and the secretary may establish policies governing the transaction of business of the department and the administration of each of the divisions within the department. Except as provided in K.S.A. 83-205, and amendments thereto, the chief administrative officer of each division of the department shall be within the classified service under the Kansas civil service act and shall perform such duties and exercise such powers as the secretary of agriculture may prescribe and such duties and powers as are prescribed by law. Such chief administrative officers shall act for and exercise the powers of the secretary of agriculture to the extent authority to do so is delegated by the secretary of agriculture.
(b) Except as otherwise provided in this act, and subject to the Kansas civil service act, the chief administrative officer of each division of the department of agriculture shall appoint all subordinate officers and employees of such officer's division, subject to the approval of the secretary, and all such subordinate officers and employees shall be within the classified service of the Kansas civil service act. Personnel of each such division shall perform such duties and exercise such powers as the chief administrative officer of their division to the extent authority to do so is delegated by such administrative officer.
History: L. 1995, ch. 236, § 10; L. 1996, ch. 146, § 3; April 18.
Except as otherwise provided in this act, on the effective date of this act, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of any state agency or office which is abolished by this act, or which becomes a part of the department of agriculture, or the powers, duties and functions of which are transferred to the secretary of agriculture, and who, in the opinion of the secretary of agriculture, are necessary to perform the powers, duties and functions of the department of agriculture, shall be transferred to, and shall become officers and employees of the department. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolition of personnel positions in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History: L. 1995, ch. 236, § 11; May 4.
(a) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The secretary of agriculture shall succeed to all property and records which were used for or pertain to the performance of the powers, duties and functions transferred to the secretary of agriculture. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer, attachment or abolition of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
History: L. 1995, ch. 236, § 12; May 4.
(a) The secretary of agriculture shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the department of agriculture and any agency or office abolished or transferred thereto under this act.
(b) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1995, ch. 236, § 13; May 4.
(a) On the effective date of this act, the balance of all funds appropriated and reappropriated to any of the state agencies abolished by this act is hereby transferred to the secretary of agriculture and shall be used only for the purpose for which the appropriation was originally made.
(b) On the effective date of this act, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of any state agency or office abolished by this act, or which becomes a part of the department of agriculture established by this act, or the powers, duties and functions of which are transferred to the secretary of agriculture provided for by this act, shall be assumed and paid by the secretary of agriculture established by this act.
History: L. 1995, ch. 236, § 14; May 4.
The following programs and functions are hereby transferred from the division of marketing, department of agriculture, and conferred upon the secretary of agriculture: (a) The functions relating to standards, grades, and classifications for agricultural products and receptacles, pursuant to K.S.A. 74-531, 74-532, and 74-534, and amendments thereto; (b) the functions relating to labeling of agricultural products established under K.S.A. 2-2306, and amendments thereto; and (c) functions relating to the grape and wine industry advisory council established by K.S.A. 74-552, and amendments thereto.
History: L. 1996, ch. 209, § 3; L. 2000, ch. 116, § 12; July 1.
(a) Except as otherwise provided by this act, the secretary of agriculture shall be the successor in every way to the powers, duties, and functions of the division of marketing and director of marketing in which the same were vested prior to the effective date of this act and which are transferred pursuant to K.S.A. 74-574. Every act performed in the exercise of such powers, duties, and functions by or under the authority of the secretary of agriculture shall be deemed to have the same force and effect as if performed by the division of marketing or director of marketing in which such powers, duties, and functions were vested prior to the effective date of this act.
(b) Whenever the "division of markets," or words of like effect, are referred to or designated by a statute, contract, or other document, and such reference is in regard to one of the powers and duties transferred to the department of agriculture pursuant to K.S.A. 74-574, such reference or designation shall be deemed to apply to the department of agriculture. Whenever the "director of marketing," or words of like effect, are referred to or designated by a statute, contract, or other document, and such reference is in regard to one of the powers and duties transferred to the department of commerce pursuant to K.S.A. 74-574, such reference or designation shall be deemed to apply to the secretary of agriculture.
(c) All rules and regulations, orders, and directives of the division of marketing or director of marketing pertaining to powers and duties transferred pursuant to K.S.A. 74-574 shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the secretary of agriculture until revised, amended, or nullified pursuant to law.
History: L. 1996, ch. 209, § 6; L. 2003, ch. 154, § 26; July 1.
In addition to the specific powers and duties conferred upon the secretary of agriculture by the laws of this state, the secretary is hereby authorized to:
(a) Make and enter into contracts and agreements necessary or incidental to the execution of the laws relating to the department of agriculture;
(b) charge and collect, by order, a fee necessary for the administration and processing of paper documents, including applications, registrations, permits, licenses, certifications, renewals, reports and remittance of fees that are necessary or incidental to the execution of the laws relating to the department of agriculture, when an electronic system for processing such documents exists. Such fee shall be in addition to any fee the secretary is authorized to charge by law and may be up to 6% of such applicable fee amount, but shall not exceed $50; and
(c) foster and promote the development and economic welfare of the agricultural industry of the state.
History: L. 1996, ch. 93, § 1; L. 2017, ch. 86, § 11; July 1.
The state of Kansas may seek to enter into a dairy interstate compact with other states for the purpose of the orderly marketing of milk. Prior to entering into such compact, an economic impact study shall be conducted by the secretary of agriculture to determine the impact on producers, processors and consumers. Subject to the approval of the legislature or in the event the legislature is not in session, the legislative coordinating council, the secretary of agriculture is hereby authorized to enter into such compact on behalf of the state of Kansas.
History: L. 1999, ch. 97, § 2; July 1.
On and after July 1, 2000, there is hereby created in the state treasury the grain commodities commission services fund. All moneys received by the Kansas department of agriculture for services performed by the department for the grain commodities commission created pursuant to the provisions of K.S.A. 2-3001 et seq. and K.S.A. 2-3002a, and amendments thereto, shall be remitted to the state treasurer. The state treasurer shall deposit the entire amount in the state treasury and credit it to the grain commodities commission services fund. All costs and expenses incurred by the department in providing services to the grain commodities commissions shall be paid from the grain commodities commission services fund. All expenditures from the grain commodities commission services fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
History: L. 2000, ch. 116, § 11; L. 2004, ch. 101, § 178; July 1.
(a) Except as otherwise provided by this order, the following powers, duties, and functions of the department of health and environment, the secretary of health and environment, the division of health of the department of health and environment, the director of the division of health, and the office of laboratory services of the department of health and environment are hereby transferred to and imposed upon the department of agriculture and the secretary of agriculture:
(1) All powers, duties, and functions under the food service and lodging act, K.S.A. 36-501 et seq., and amendments thereto, relating to the licensing, inspection, and regulation of mobile retail ice cream vendors, food service establishments in food processing plants, or any combination thereof, and food service establishments located in retail food stores;
(2) all powers, duties, and functions under the food service and lodging act, K.S.A. 36-501 et seq., and amendments thereto, relating to the licensing, inspection, and regulation of food vending machines, food vending machine companies, and food vending machine dealers as those terms are defined in K.S.A. 36-501, and amendments thereto;
(3) all powers, duties, and functions under K.S.A. 65-688 through K.S.A. 65-689, and amendments thereto, relating to the licensing, inspection, and regulation of retail food stores and food processing plants; and
(4) all of those powers, duties, and functions under K.S.A. 65-619 through K.S.A. 65-687, and amendments thereto, that relate to the powers, duties, and functions transferred under paragraphs (1), (2) and (3) above.
(b) The secretary of agriculture is hereby authorized to adopt rules and regulations as necessary to carry out the powers, duties and functions transferred to and imposed upon the department of agriculture and the secretary of agriculture pursuant to paragraph (a).
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 1; L. 2008, ch. 48, § 9; July 1.
(a) The department of agriculture and the secretary of agriculture shall be the successor in every way to the powers, duties, and functions of the department and secretary of health and environment, the division of health of the department of health and environment, the director of the division of health, and the office of laboratory services of the department of health and environment in which the same were vested prior to the effective date of this order and that are transferred pursuant to K.S.A. 74-581. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the department of secretary of agriculture shall be deemed to have the same force and effect as if performed by the department or secretary of health and environment, the division of health, the director of the division of health, or the office of laboratory services in which such powers, duties, and functions were vested prior to the effective date of this order.
(b) Whenever the department of health and environment, the secretary of health and environment, the division of health, the director of the division of health, or the office of laboratory services or words of like effect, are referred to or designated by a statute, contract, or other document and such reference is in regard to any of the powers, duties, or functions transferred to the department or secretary of agriculture pursuant to this order, such reference or designation shall be deemed to apply to the department of agriculture or the secretary of agriculture.
(c) All rules and regulations, orders, and directives of the secretary of health and environment which relate to the functions transferred by this order and which are in effect on the effective date of this order shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the secretary of agriculture until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 2; October 1.
(a) The balances of all funds or accounts thereof appropriated or reappropriated for the department of health and environment relating to the powers, duties, and functions transferred by this order are hereby transferred within the state treasury to the department of agriculture and shall be used only for the purpose for which the appropriation was originally made.
(b) Liability for all accrued compensation or salaries of officers and employees who are transferred to the department of agriculture under this order shall be assumed and paid by the department of agriculture.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 3; October 1.
(a) When any conflict arises as to the disposition of any property, power, duty, or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of this order, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The department of agriculture shall succeed to all property, property rights, and records which were used for or pertain to the performance of powers, duties, and functions transferred to the department of agriculture. Any conflict as to the proper disposition of property, personnel, or records arising under this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 4; October 1.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this order, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action, or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 5; October 1.
(a) All officers and employees of the department of health and environment who, immediately prior to the effective date of this order, are engaged in the exercise and performance of the powers, duties, and functions transferred by this order, as well as all officers and employees of the department of health and environment who are determined by the secretary of health and environment and the secretary of agriculture to be engaged in providing administrative, technical, or other support services that are essential to the exercise and performance of the powers, duties, and functions transferred by this order, are hereby transferred to the department of agriculture. All classified employees so transferred shall retain their status as classified employees.
(b) Officers and employees of the department of health and environment transferred by this order shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs, or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed by the department of health and environment prior to the date of transfer.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 6; October 1.
On and after October 1, 2004, the Kansas department of agriculture shall succeed to whatever right, title or interest the department of health and environment has acquired in any real property in this state concerning the functions transferred by this act or by 2004 Executive Reorganization Order No. 32, and the authority shall hold the same for and in the name of the state of Kansas. On and after October 1, 2004, whenever any statute, contract, deed or other document concerns the power or authority of the department of health and environment or the secretary of the department of health and environment concerning the functions transferred by this act or by 2004 Executive Reorganization Order No. 32 to acquire, hold or dispose of real property or any interest therein, the Kansas department of agriculture shall succeed to such power or authority.
History: L. 2004, ch. 147, § 1; July 1.
Except as otherwise provided in this act, on October 1, 2004, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the department of health and environment concerning food and food service which are transferred by this act or by 2004 Executive Reorganization Order No. 32, or who become a part of the Kansas department of agriculture, or the powers, duties and functions of which are transferred to the Kansas department of agriculture, and who, in the opinion of the secretary of the Kansas department of agriculture, are necessary to perform the powers, duties and functions of the Kansas department of agriculture, shall be transferred to, and shall become officers and employees of the Kansas department of agriculture.
History: L. 2004, ch. 147, § 2; July 1.
On and after October 1, 2004, when any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.
History: L. 2004, ch. 147, § 3; July 1.
(a) On and after October 1, 2004, the Kansas department of agriculture shall serve as custodian for all agency records as defined by the Kansas open records act, related to those sections of chapter 36, article 5 and chapter 65, article 6, from which authority is transferred from the secretary of health and environment to the secretary of agriculture. The department of health and environment shall continue to serve as custodian as defined by the Kansas open records act for all agency records related to chapter 36, article 5 and chapter 65, article 6 generated prior to October 1, 2004. A request for records generated prior to October 1, 2004, pursuant to the Kansas open records act may be made to the Kansas department of agriculture and it will be forwarded to the department of health and environment upon receipt.
(b) The department of health and environment will immediately make available to the Kansas department of agriculture upon request any records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the department of health and environment related to those functions transferred to the secretary of agriculture.
History: L. 2004, ch. 147, § 4; July 1.
History: L. 2004, ch. 147, § 5; L. 2011, ch. 73, § 4; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 2004, ch. 147, § 7; L. 2008, ch. 84, § 18; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 2004, ch. 147, § 8; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 2004, ch. 147, § 10; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 2004, ch. 147, § 11; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 2004, ch. 147, § 12; L. 2008, ch. 48, § 10; L. 2010, ch. 17, § 179; L. 2010, ch. 155, § 22; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 2009, ch. 59, § 3; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 2004, ch. 147, § 13; L. 2008, ch. 48, § 11; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 2004, ch. 147, § 14; L. 2008, ch. 48, § 12; L. 2009, ch. 59, § 8; L. 2010, ch. 17, § 180; Repealed, L. 2012, ch. 145, § 33; July 1.
Notwithstanding the provisions of K.S.A. 77-514, and amendments thereto, on and after July 1, 2004, with respect to hearings pursuant to K.S.A. 65-6a18 et seq., and amendments thereto, before the secretary of agriculture in accordance with the Kansas administrative procedure act, a hearing officer from the office of administrative hearings shall be the presiding officer unless the party requests that the matter, for which a hearing has been scheduled or for which a right to a hearing exists, be heard by a hearing officer appointed by the secretary.
History: L. 2004, ch. 147, § 16; July 1.
(a) In addition to the specific powers and duties conferred upon the secretary of agriculture by the laws of this state, the secretary is authorized to issue certificates of free sale upon request that are necessary or incidental to the execution of the laws relating to the department of agriculture.
(b) The secretary may establish a fee schedule to cover the cost of issuing such certificates not to exceed $25 per certificate.
(c) The secretary is hereby authorized to adopt rules and regulations necessary to carry out the provisions of this section.
History: L. 2008, ch. 48, § 1; July 1.
History: L. 2008, ch. 48, § 2; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 2008, ch. 48, § 3; Repealed, L. 2012, ch. 145, § 33; July 1.
All rules and regulations, orders and directives of the secretary of agriculture which relate to the powers, duties and functions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 74-581, and amendments thereto, and the rules and regulations adopted thereunder, which are in effect on the effective date of this act shall continue to be effective until revised, amended, revoked or nullified pursuant to law.
History: L. 2008, ch. 48, § 4; July 1.
(a) Except as otherwise provided by this act, on and after October 1, 2008, all of the powers, duties and functions of the department of health and environment concerning food service and lodging are hereby transferred to and conferred and imposed upon, the secretary of agriculture.
(b) Except as otherwise provided by this act, on and after October 1, 2008, the secretary of agriculture shall be the successor in every way to the powers, duties and functions of the department of health and environment concerning food service and lodging in which the same were vested prior to October 1, 2008. Every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of agriculture shall be deemed to have the same force and effect as if performed by the department of health and environment, in which such powers, duties and functions were vested prior to October 1, 2008.
(c) All rules and regulations of the department of health and environment concerning food service and lodging in existence on October 1, 2008, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of agriculture until revised, amended, revoked or nullified pursuant to law.
(d) All orders and directives of the department of health and environment concerning food service and lodging in existence on October 1, 2008, shall continue to be effective and shall be deemed to be orders and directives of the secretary of agriculture until revised, amended or nullified pursuant to law.
(e) The division of food safety shall be a continuation of the department of health and environment concerning food service and lodging.
History: L. 2008, ch. 84, § 1; April 24.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 2008, ch. 84, § 2; April 24.
On and after October 1, 2008, the secretary of agriculture shall succeed to whatever right, title or interest the department of health and environment has acquired in any real property in this state concerning the functions transferred by this act, and the secretary of agriculture shall hold the same for and in the name of the state of Kansas. On and after October 1, 2008, whenever any statute, contract, deed or other document concerns the power or authority of the department of health and environment or the secretary of the department of health and environment concerning the functions transferred by this act to acquire, hold or dispose of real property or any interest therein, the secretary of agriculture shall succeed to such power or authority.
History: L. 2008, ch. 84, § 3; April 24.
(a) Except as otherwise provided in this act, on October 1, 2008, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the department of health and environment concerning food service and lodging which are transferred by this act, or who become a part of the Kansas department of agriculture, or the powers, duties and functions of which are transferred to the Kansas department of agriculture, and who, in the opinion of the secretary of agriculture, are necessary to perform the powers, duties and functions of the Kansas department of agriculture, shall be transferred to, and shall become officers and employees of the Kansas department of agriculture.
(b) Officers and employees of the department of health and environment transferred by this act shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed by the department of health and environment prior to the date of transfer.
History: L. 2008, ch. 84, § 4; April 24.
(a) On and after October 1, 2008, the Kansas department of agriculture shall serve as custodian for all agency records, as defined by the Kansas open records act, related to article 5 of chapter 36 of the Kansas Statutes Annotated, from which authority is transferred from the department of health and environment to the secretary of agriculture. The department of health and environment shall continue to serve as custodian, as defined by the Kansas open records act, for all agency records related to article 5 of chapter 36 of the Kansas Statutes Annotated generated prior to October 1, 2008. A request for records generated prior to October 1, 2008, pursuant to the Kansas open records act, may be made to the Kansas department of agriculture and it shall be forwarded to the department of health and environment upon receipt.
(b) The department of health and environment shall immediately make available to the Kansas department of agriculture upon request any records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the department of health and environment related to those functions transferred to the secretary of agriculture.
History: L. 2008, ch. 84, § 5; April 24.
On October 1, 2008, the balances of all funds or accounts thereof appropriated or reappropriated for the department of health and environment relating to the powers, duties and functions transferred by this act are hereby transferred within the state treasury to the Kansas department of agriculture and shall be used only for the purpose for which the appropriation was originally made.
History: L. 2008, ch. 84, § 6; April 24.
The provisions of K.S.A. 74-5,104 through 74-5,109, and amendments thereto, shall be effective on and after October 1, 2008.
History: L. 2008, ch. 84, § 7; April 24.
(a) On and after the effective date of this act, and prior to July 1, 2008, the secretary of health and environment shall not make any expenditures for the fiscal year ending June 30, 2008, from funds or accounts appropriated or reappropriated for the department of health and environment relating to the powers, duties and functions transferred by this act on October 1, 2008, without prior approval of the secretary of agriculture.
(b) On and after July 1, 2008, and prior to October 1, 2008, the secretary of health and environment shall not make any expenditures for the fiscal year ending June 30, 2009, from funds or accounts appropriated or reappropriated for the department of health and environment relating to the powers, duties and functions transferred by this act on October 1, 2008, without prior approval of the secretary of agriculture.
History: L. 2008, ch. 84, § 8; April 24.
(a) There is hereby established, within and as a part of the Kansas department of agriculture, the agriculture marketing and promotions program.
(b) (1) The secretary of agriculture shall appoint such employees as may be needed to carry out the powers and duties of the program, and all such officers and employees shall be within the classified or unclassified service.
(2) All employees shall act for and exercise the powers of the secretary of agriculture to the extent that authority to do so is delegated by the secretary of agriculture.
History: Executive Reorganization Order No. 40, § 1; L. 2011, ch. 135, § 1; July 1.
(a) The agriculture products development division within the department of commerce created by K.S.A. 74-50,156, and amendments thereto, is hereby abolished.
(b) Except as otherwise provided by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, all powers, duties and functions of the agriculture products development division within the department of commerce created by K.S.A. 74-50,156, and amendments thereto, are hereby transferred to and imposed upon the agriculture marketing and promotions program within the Kansas department of agriculture created herein.
History: Executive Reorganization Order No. 40, § 2; L. 2011, ch. 135, § 2; July 1.
(a) The agriculture marketing and promotions program within the Kansas department of agriculture shall be the successor in every way to the powers, duties and functions of the agriculture products development division within the department of commerce which were in effect prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, and that are transferred pursuant to K.S.A. 74-5,113, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the agriculture marketing and promotions program within the Kansas department of agriculture shall be deemed to have the same force and effect as if performed by the agriculture products development division within the department of commerce in which such powers, duties and functions were in effect prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
(b) Whenever the agriculture products development division or words of like effect are referred to or designated by a statute, contract, or other document and such reference is in regard to any of the powers, duties, or functions transferred to the agriculture products marketing and promotions program such reference or designation shall be deemed to apply to the program or the secretary of agriculture.
(c) All rules and regulations, orders and directives of the agriculture products development division within the department of commerce which relate to the functions transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto and which are in effect on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the agriculture marketing and promotions program within the Kansas department of agriculture transferred herein until revised, amended, revoked or nullified pursuant to law.
History: Executive Reorganization Order No. 40, § 3; L. 2011, ch. 135, § 3; July 1.
(a) The balances of all funds or accounts thereof appropriated or reappropriated for the agriculture products development division within the department of commerce relating to the powers, duties and functions transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, are hereby transferred within the state treasury to the agriculture marketing and promotions program within the Kansas department of agriculture transferred herein and shall be used only for the purpose for which the appropriation was originally made.
(b) Subject to acts of the legislature, all fees, grant funds, and loan repayment funds dedicated to the agriculture products development division within the department of commerce prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall be transferred to the agriculture marketing and promotions program within the department of agriculture.
(c) Liability for all accrued compensation or salaries of officers and employees who are transferred from the agriculture products development division within the department of commerce under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall be assumed and paid by the agriculture marketing and promotions program within the Kansas department of agriculture.
History: Executive Reorganization Order No. 40, § 4; L. 2011, ch. 135, § 4; July 1.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The agriculture marketing and promotions program within the Kansas department of agriculture shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the division. Any conflict as to the proper disposition of property, personnel, or records arising under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 40, § 5; L. 2011, ch. 135, § 5; July 1.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced or which could have been commenced, by or against any state agency or program mentioned in K.S.A. 74-5,112 through 74-5,132, and amendments thereto, or by or against any officer of the state in such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History: Executive Reorganization Order No. 40, § 6; L. 2011, ch. 135, § 6; July 1.
(a) The secretary of agriculture shall determine such employees as are necessary to enable the secretary to carry out the duties of the agriculture marketing and promotions program. All officers and employees of the agriculture products development division within the department of commerce who, immediately prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, are engaged in the exercise and performance of the powers, duties and functions transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, who are determined by the secretary of agriculture to be engaged in providing administrative, technical or other support services that are essential to the exercise and performance of the powers, duties and functions transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, are hereby transferred to the agriculture marketing and promotions program within the Kansas department of agriculture. All classified employees so transferred shall retain their status as classified employees. Thereafter, the secretary of agriculture may convert vacant classified positions to positions in the unclassified service under the Kansas civil service act.
(b) Officers and employees of the agriculture products development division within the department of commerce transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall affect the classified status of any transferred person employed by the agriculture products development division of the department of commerce prior to the date of transfer.
History: Executive Reorganization Order No. 40, § 7; L. 2011, ch. 135, § 7; July 1.
(a) The division of animal health is hereby established within the Kansas department of agriculture. The division of animal health shall be a continuation of the Kansas animal health department and the animal health commissioner shall be a continuation of the livestock commissioner of the Kansas animal health department. The division shall be administered under the supervision of the secretary of agriculture, by the animal health commissioner, who shall be the chief administrative officer of the division. On the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, the secretary of agriculture shall appoint the animal health commissioner. Thereafter, upon a vacancy in the office of animal health commissioner, the Kansas animal health board shall submit three nominations to the secretary of agriculture for the office of animal health commissioner, and the secretary of agriculture shall choose one of the three nominations to appoint as the animal health commissioner. The animal health commissioner shall serve at the pleasure of the secretary and the animal health board. The animal health commissioner shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of agriculture, with the approval of the governor.
(b) All of the powers, duties and functions of the existing Kansas animal health department and the existing livestock commissioner of the Kansas animal health department are hereby transferred to and imposed upon the animal health division within the Kansas department of agriculture and the animal health commissioner, respectively.
(c) The secretary of agriculture shall appoint such employees as may be needed to carry out the powers and duties of the program, and all such officers and employees shall be within the classified or unclassified service.
History: Executive Reorganization Order No. 40, § 8; L. 2011, ch. 135, § 8; July 1.
The Kansas animal health department and the office of livestock commissioner as established by K.S.A. 75-1901, and amendments thereto, are hereby abolished.
History: Executive Reorganization Order No. 40, § 9; L. 2011, ch. 135, § 9; July 1.
(a) The animal health commissioner of the Kansas department of agriculture shall be the successor in every way to the powers, duties and functions of the Kansas animal health department and the livestock commissioner of the Kansas animal health department in which the same were vested prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. Every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of agriculture shall be deemed to have the same force and effect as if performed by the Kansas animal health department and the livestock commissioner of the Kansas animal health department in which such powers, duties and functions were vested prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
(b) Whenever the Kansas animal health department or the livestock commissioner of the Kansas animal health department, or words of like effect, are referred to or designated by a statute, contract, memorandum of understanding, plan, grant, waiver or other document, such reference or designation shall be deemed to apply to the animal health division of the Kansas department of agriculture or the animal health commissioner under the secretary of agriculture.
(c) All rules and regulations, orders and directives of the livestock commissioner of the Kansas animal health department that are in effect on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the animal health division of the Kansas department of agriculture until revised, amended, revoked or nullified pursuant to law, by the secretary of agriculture.
(d) Before any proposed rules and regulations of the animal health commissioner of the division of animal health of the department of agriculture are submitted to the secretary of administration or the attorney general pursuant to K.S.A. 77-420, and amendments thereto:
(1) The animal health commissioner shall submit such rules and regulations to the animal health board; and
(2) the animal health board shall review and make recommendations to the animal health commissioner and the secretary of agriculture regarding such proposed rules and regulations.
History: Executive Reorganization Order No. 40, § 10; L. 2011, ch. 135, § 10; July 1.
For purposes of administrative proceedings of the division of animal health of the Kansas department of agriculture, "agency head" means the Kansas secretary of agriculture or the animal health commissioner of the Kansas department of agriculture, when acting on behalf of the secretary.
History: L. 2012, ch. 125, § 2; July 1.
(a) The Kansas animal health board, created by K.S.A. 74-4001, and amendments thereto, is hereby continued in existence within the animal health division of the department of agriculture with respect to powers, duties and functions of the Kansas animal health department that are transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto. Persons who are members of the Kansas animal health board on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall continue to hold such offices under the conditions and limitations provided under K.S.A. 74-4001, and amendments thereto.
(b) The Kansas pet animal advisory board, created by K.S.A. 47-1725, and amendments thereto, is hereby continued in existence within the animal health division of the department of agriculture with respect to powers, duties and functions of the Kansas animal health department that are transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto. Persons who are members of the Kansas pet animal advisory board on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall continue to hold such offices under the conditions and limitations provided under K.S.A. 47-1725, and amendments thereto.
History: Executive Reorganization Order No. 40, § 11; L. 2011, ch. 135, § 11; July 1.
The Kansas department of agriculture shall succeed to all property, property rights and records of the Kansas animal health department and the livestock commissioner of the Kansas animal health department.
History: Executive Reorganization Order No. 40, § 12; L. 2011, ch. 135, § 12; July 1.
(a) On the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, the balances of all funds or accounts thereof appropriated or reappropriated for the Kansas animal health department are hereby transferred within the state treasury to the Kansas department of agriculture and shall be used only for the purpose for which the appropriation was originally made.
(b) Subject to acts of the legislature, all fees and grant funds dedicated to animal health programs shall remain dedicated to animal health programs on and after the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History: Executive Reorganization Order No. 40, § 13; L. 2011, ch. 135, § 13; July 1.
(a) (1) The secretary of agriculture in consultation with the animal health commissioner shall determine such employees as are necessary to enable the secretary to carry out the duties of the animal health division. The livestock commissioner of the animal health department shall become the animal health commissioner of the animal health division of the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. All other officers and employees of the Kansas animal health department who, immediately prior to such date, were engaged in the performance of powers, duties and functions for the Kansas animal health department and who are, in the opinion of the secretary of agriculture in consultation with the animal health commissioner, necessary to perform the powers, duties and functions of the Kansas animal health department that are transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall become officers and employees of the department of agriculture and are hereby transferred to the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
(2) All classified employees transferred under this subsection (a) shall retain their status as classified employees. Thereafter, the secretary of agriculture may convert vacant classified positions to positions in the unclassified service under the Kansas civil service act.
(b) Officers and employees of the Kansas animal health department transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall retain all retirement benefits and leave balances and rights that had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall affect the classified status of any transferred person employed by the Kansas animal health department prior to the date of transfer.
(c) Liability for accrued compensation or salaries of each officer and employee who is transferred from the Kansas animal health department to the Kansas department of agriculture under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall be assumed and paid by the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History: Executive Reorganization Order No. 40, § 14; L. 2011, ch. 135, § 14; July 1.
(a) On the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, the division of conservation is hereby established within the Kansas department of agriculture. The division of conservation shall be a continuation of the state conservation commission and the executive director of conservation shall be a continuation of the executive director of the state conservation commission. The division shall be administered under the supervision of the secretary of agriculture by the executive director of the division of conservation, who shall be the chief administrative officer of the division. The executive director of the division of conservation shall be jointly appointed by the secretary of agriculture and the state conservation commission and shall serve at the pleasure of the secretary and the state conservation commission. The executive director of the division of conservation shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of agriculture, with the approval of the governor.
(b) All of the powers, duties and functions of the existing state conservation commission and the existing executive director of the state conservation commission are hereby transferred to and imposed upon the conservation division of the Kansas department of agriculture and the executive director of the conservation division, respectively.
History: Executive Reorganization Order No. 40, § 15; L. 2011, ch. 135, § 15; July 1.
(a) The conservation division of the department of agriculture shall be the successor in every way to the powers, duties and functions of the state conservation commission and the executive director of the state conservation commission in which the same were vested prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. Every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of agriculture shall be deemed to have the same force and effect as if performed by the state conservation commission and the executive director of the state conservation commission in which such powers, duties and functions were vested prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
(b) Whenever the state conservation commission or the executive director of the state conservation commission, or words of like effect, are referred to or designated by a statute, contract, memorandum of understanding, plan, grant, waiver or other document, such reference or designation shall be deemed to apply to the conservation division within the department of agriculture or the executive director of the conservation division under the secretary of agriculture.
(c) All rules and regulations, orders and directives of the state conservation commission or the executive director of the state conservation commission that are in effect on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the conservation division of the Kansas department of agriculture until revised, amended, revoked or nullified pursuant to law by the secretary of agriculture.
History: Executive Reorganization Order No. 40, § 16; L. 2011, ch. 135, § 16; July 1.
The state conservation commission established by K.S.A. 2-1904, and amendments thereto, is hereby continued in existence within the conservation division within the department of agriculture with respect to the powers, duties and functions of the state conservation commission that are transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto. Persons who are members of the board shall continue to hold such offices under the conditions and limitations in effect on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History: Executive Reorganization Order No. 40, § 17; L. 2011, ch. 135, § 17; July 1.
The Kansas department of agriculture shall succeed to all property, property rights and records of the state conservation commission and the executive director of the state conservation commission.
History: Executive Reorganization Order No. 40, § 18; L. 2011, ch. 135, § 18; July 1.
(a) On the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, the balances of all funds or accounts thereof appropriated or reappropriated for the state conservation commission are hereby transferred within the state treasury to the Kansas department of agriculture and shall be used only for the purpose for which the appropriation was originally made.
(b) Subject to acts of the legislature, all fees and grant funds dedicated to conservation programs shall remain dedicated to conservation programs on and after the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History: Executive Reorganization Order No. 40, § 19; L. 2011, ch. 135, § 19; July 1.
(a) (1) The executive director of the conservation commission shall become the executive director of the conservation division of the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. All other officers and employees of the state conservation commission who, immediately prior to such date, were engaged in the performance of powers, duties and functions for the state conservation commission and who are, in the opinion of the secretary of agriculture in consultation with the executive director, necessary to perform the powers, duties and functions of the state conservation commission that are transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall become officers and employees of the department of agriculture and are hereby transferred to the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
(2) The secretary of agriculture in consultation with the executive director shall determine such officers and employees as are necessary to enable the secretary to carry out the duties of the division of conservation.
(3) All classified employees transferred under this subsection (a) shall retain their status as classified employees. Thereafter, the secretary of agriculture may convert vacant classified positions to positions in the unclassified service under the Kansas civil service act.
(b) Officers and employees of the state conservation commission transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall retain all retirement benefits and leave balances and rights that had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall affect the classified status of any transferred person employed by the state conservation commission prior to the date of transfer.
(c) Liability for accrued compensation or salaries of each officer and employee who is transferred to the Kansas department of agriculture under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall be assumed and paid by the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History: Executive Reorganization Order No. 40, § 20; L. 2011, ch. 135, § 20; July 1.
(a) No suit, action, or other proceeding, judicial or administrative, that is lawfully commenced or that could have been lawfully commenced, by or against any state agency or program mentioned in K.S.A. 74-5,112 through 74-5,132, and amendments thereto, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action that is commenced or that could have been commenced by the state shall abate by the taking effect of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History: Executive Reorganization Order No. 40, § 21; L. 2011, ch. 135, § 21; July 1.
In addition to the powers and duties conferred in K.S.A. 74-5,126, and amendments thereto, the Kansas department of agriculture division of conservation shall have all the powers, duties and functions delegated pursuant to K.S.A. 74-5,126, and amendments thereto. It shall also employ an administrative officer and such technical experts as it may require and shall determine their qualifications and duties. Such officer and experts shall be in the unclassified service of the Kansas civil services act and shall receive annual salaries fixed by the division and approved by the state finance council. All other agents and employees, permanent or temporary, required by the division of conservation, shall be within the classified services of the Kansas civil service act. The division may call upon the attorney general of the state for such legal services as it may require. It shall have authority to delegate to one or more agents or employees, such powers and duties as it deems proper. It shall be supplied with suitable office accommodations at the state capital, and shall be furnished with the necessary supplies and equipment. Upon request of the division, for the purpose of carrying out any of its functions, the supervision officer of any state agency or of any state institution of learning, insofar as may be possible under available appropriations and having due regard to the needs of the agency to which the request is directed, shall assign or detail to the division members of the staff or personnel of such agency or institution of learning and make such special reports, surveys or studies as the division may request.
History: L. 2012, ch. 140, § 122; July 1.
(a) (1) There is hereby established in the state treasury the Arkansas river gaging fund, which shall be administered by the secretary of agriculture. All expenditures from the Arkansas river gaging fund shall be for the operation and maintenance of:
(A) The gages along the Arkansas river necessary to manage the river under the Arkansas river compact; and
(B) the stateline groundwater gage sites in the Arkansas river basin necessary to manage the quantity and quality of such groundwater.
(2) After all expenditures are made during the fiscal year for the purposes listed in paragraph (1), then, expenditures shall be made in accordance with the following priorities and subject to the expenditure limitations prescribed therefor:
(A) First, any remaining moneys authorized to be expended from the fund for the fiscal year shall be expended for the purposes of livestock market reporting in an amount not to exceed $20,000 in a fiscal year; and
(B) second, if there are any remaining moneys authorized to be expended from the fund for the fiscal year after the expenditures for livestock market reporting, then expenditures shall be made from the fund for the purpose of funding the bluestem pasture report in an amount not to exceed $5,000.
(3) All expenditures from the Arkansas river gaging fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or the designee of the secretary of agriculture.
(b) All moneys received as royalties from the state's oil and gas leases in Hamilton, Kearny, Finney, Gray and Ford counties, except those moneys arising from leases on lands under the control of the secretary of wildlife and parks as provided by K.S.A. 32-854, and amendments thereto, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the Arkansas river gaging fund. During each fiscal year, when the total amount of moneys credited to the fund is equal to $95,000, no further moneys shall be credited to the fund. The remainder of the moneys received for such royalties for such fiscal year shall be credited to the state general fund.
History: L. 2011, ch. 89, § 29; L. 2012, ch. 47, § 91; L. 2015, ch. 37, § 4; L. 2023, ch. 7, § 117; July 1.
(a) The secretary of agriculture may fix, charge and collect fees for providing laboratory testing of samples from other states upon request. The fees shall be fixed in order to recover all or part of the costs incurred to provide the services and any other necessary and incidental expenses incurred in conjunction with such laboratory testing.
(b) The secretary of agriculture shall remit all moneys received by or for the secretary from fees collected under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the laboratory testing services fee fund.
(c) The secretary of agriculture may adopt rules and regulations to establish fees and to implement and administer the provisions of this section for such laboratory testing.
History: L. 2012, ch. 2, § 1; March 8.
History: L. 2014, ch. 12, § 1; Expired, June 30, 2016.
(a) There is hereby created the state corporation commission, which shall consist of three members appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, no person appointed to the commission shall exercise any power, duty or function as a member of the commission until confirmed by the senate. No more than two members of the commission shall belong to the same political party. Each member shall be appointed for a term of four years and until a successor has been appointed and confirmed. In case of a vacancy in the office of a member of the commission, the governor shall appoint a successor to fill the vacancy for the unexpired term.
(b) The terms of members who are serving on the commission on the effective date of this act shall expire on March 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(c) The commission shall elect one of its members as chairperson of the commission. The chairperson of the commission shall receive an annual salary in an amount equal to the annual salary prescribed by law for the chief judge of the court of appeals, payable monthly. Each other member of the commission shall receive an annual salary in an amount equal to the annual salary paid by the state to a judge of the court of appeals, other than the chief judge, payable monthly. Each member of the commission shall devote full time to the duties of the office.
(d) The provisions of the Kansas governmental operations accountability law apply to the state corporation commission and the commission is subject to audit, review and evaluation under such law.
History: L. 1933, ch. 275, § 1; L. 1937, ch. 329, § 13; L. 1945, ch. 303, § 3; L. 1947, ch. 416, § 3; L. 1949, ch. 405, § 1; L. 1953, ch. 363, § 2; L. 1955, ch. 345, § 1; L. 1957, ch. 424, § 1; L. 1961, ch. 378, § 1; L. 1965, ch. 458, § 5; L. 1967, ch. 443, § 5; L. 1970, ch. 309, § 1; L. 1973, ch. 175, § 61; L. 1974, ch. 361, § 63; L. 1975, ch. 398, § 1; L. 1976, ch. 380, § 10; L. 1978, ch. 308, § 53; L. 1978, ch. 350, § 3; L. 1982, ch. 347, § 30; L. 1984, ch. 318, § 12; L. 1992, ch. 116, § 33; L. 1995, ch. 241, § 8; July 1.
The public service commission as created by chapter 259 of the Laws of 1929, being sections 74-601, 74-602, 74-603, 74-605a, 74-605b, 74-605c, 74-606 and 74-608 of the 1931 Supplement to the Revised Statutes is hereby abolished.
History: L. 1933, ch. 275, § 2; March 18.
All the powers, duties, authority and jurisdiction now exercised by and imposed by law upon the bank commissioner and upon the charter board relating to speculative securities, and all powers, duties, authority and jurisdiction imposed upon the bank commissioner or the charter board under chapter 140 [17-1223 to 17-1251] of the Laws of 1929, the same being article 12 of chapter 17 of the 1931 Supplement to the Revised Statutes of Kansas for 1923, are hereby transferred to and imposed and conferred upon the state corporation commission herein created, and said state corporation commission is hereby empowered and directed to do all things necessary and convenient for the proper exercise of all such powers, duties, authority and jurisdiction.
History: L. 1933, ch. 275, § 4; March 18.
All of the powers, duties, authority and jurisdiction heretofore vested in the public service commission under and by virtue of sections 55-601 to 55-609, 1931 Supplement to the Revised Statutes of Kansas, 1923, and chapter 214 of the Session Laws of 1933, be and are hereby vested in the state corporation commission.
History: L. 1933, ch. 79, § 1 (Special Session); November 9.
All of the powers, duties, authority and jurisdiction now exercised by and imposed by law upon the public service commission relating to public utilities, common carriers and motor carriers, and all the powers, duties, authority and jurisdiction imposed upon the public utilities commission by chapter 238 of the Laws of 1911, as amended (now sections 66-101 to 66-195, inclusive, Revised Statutes of 1923, and 1931 Supplement thereto), and by chapter 239 of the Laws of 1931, the same being Revised Statutes 1931 Supplement, 74-602a to 74-602d [66-1401 to 66-1403, 66-1501], inclusive, and all parts of the laws relating to the duties and liabilities of railroads (now sections 66-201 to 66-1209, inclusive, Revised Statutes of 1923, and 1931 Supplement thereto), under which the public service commission now exercises jurisdiction over common carriers and motor carriers, are hereby transferred to and imposed and conferred upon the state corporation commission created under the provisions of this act, and the state corporation commission herein created is hereby empowered and directed to do all things necessary and convenient for the proper exercise of all such powers, duties, authority and jurisdiction.
History: L. 1933, ch. 275, § 3; March 18.
Revisor's Note: Sections transferred to 66-1401 through 66-1403.
Revisor's Note: Section transferred to 66-1501.
History: L. 1929, ch. 259, § 5; Repealed, L. 1933, ch. 275, § 13; March 18.
History: R.S. 1923, 74-604; Repealed, L. 1925, ch. 258, § 10; March 10.
No person owning any bonds, stock or property in any railroad company or other common carrier or public utility, or who is in the employment of, or who is in any way or manner pecuniarily interested in, any railroad company or other common carrier or public utility, shall be eligible, except as hereinafter provided, to the office of commissioner, attorney or secretary of said commission, nor shall such commissioner, attorney or secretary hold any office of profit or any position under any committee of any political party, or hold any other position of honor, profit or trust under or by virtue of any of the laws of the United States or of the state of Kansas. Said commissioners shall be qualified electors of the state, and shall not while such commissioners engage in any occupation or business inconsistent with their duties as such commissioners.
And if any member of the commission, at the time of his appointment, shall own any bonds, stock or property in any railroad company or other common carrier or public utility, or is in the employment of, or is in any way or manner pecuniarily interested in any railroad company or any common carrier or public utility, such commissioner or other appointee shall within thirty (30) days divest himself of such interest or employment, and upon his failing to do so he shall forfeit his office, and the governor shall remove such commissioner and shall appoint his successor, who shall hold until a successor is appointed and qualified.
Each of said commissioners, attorney and secretary shall be sworn, before entering upon the discharge of the same, to faithfully perform the duties of the respective offices. Said commission is authorized and empowered to employ, subject to the approval of the governor, such extra accountants, engineers, experts and special assistants as in its judgment may be necessary and proper to carry the provisions of this act into effect, and to fix their compensation; and such employees shall hold their office during the pleasure of said commission: Provided, That no person related by blood or marriage to any member of such commission shall be appointed or employed by said commission.
History: R.S. 1923, 74-605; L. 1967, ch. 434, § 23; July 1.
The members of the state corporaton commission shall take the oath required for other state officers.
History: L. 1933, ch. 275, § 5; L. 1967, ch. 434, § 24; July 1.
History: L. 1929, ch. 259, § 6; Repealed, L. 1933, ch. 275, § 13; March 18.
History: L. 1929, ch. 259, § 8; Repealed, L. 1933, ch. 275, § 13; March 18.
The state corporation commission shall keep its office in the city of Topeka, and the office of the conservation division in the city of Wichita and the members thereof may act officially in any part of the state. The director of the conservation division of the state corporation commission shall be in the unclassified service under the Kansas civil service act. The petroleum engineer and interagency coordinator within the conservation division of the state corporation commission shall be in the unclassified service under the Kansas civil service act.
History: L. 1933, ch. 275, § 6; L. 1957, ch. 442, § 6; L. 1981, ch. 298, § 1; L. 1994, ch. 1, § 1; July 1.
Said corporation commission shall keep an accurate record of all its official acts, and shall also provide a seal. All process or certificates issued or given by the said commission shall be attested by its seal. Copies of the record of the commission, certified by the secretary and attested with the seal of the commission, shall be received in evidence with like effect as copies of other public records.
History: R.S. 1923, 74-607; December 27.
History: L. 1933, ch. 275, §§ 7 to 11; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1933, ch. 275, § 12; L. 1933, ch. 14, § 3; Repealed, L. 1951, ch. 434, § 1; June 30.
On and after the effective date of this act, all engineers, auditors, accountants, rate analysts, economists and similar professional employees within the utilities division of the state corporation commission shall be in the unclassified service under the Kansas civil service act.
History: L. 1979, ch. 236, § 1; April 24.
The director of the transportation division of the state corporation commission shall be in the unclassified service under the Kansas civil service act.
History: L. 1980, ch. 200, § 4; July 1.
In addition to other powers and duties provided by law, in administering the provisions of this act the state corporation commission shall:
(a) Adopt rules and regulations necessary for the administration of this act;
(b) develop a comprehensive state energy conservation plan and the procedures for implementing the plan according to federal requirements;
(c) make requests for and accept funds and other assistance from federal agencies for energy conservation and other energy-related activities in this state, including, but not limited to, the state energy program;
(d) administer federal energy conservation programs in this state;
(e) prepare an emergency management plan for natural gas and electric energy to be adopted during activation of emergency support function 12 of the Kansas response plan established under K.S.A. 48-920 et seq., and amendments thereto, which plan shall include the system of priorities for natural gas and electric energy allocation and curtailment of energy resources consumption established under K.S.A. 74-620, and amendments thereto.
History: L. 1983, ch. 258, § 1; L. 1994, ch. 248, § 28; L. 2007, ch. 65, § 1; July 1.
Whenever any moneys are received by the state corporation commission from federal agencies for energy conservation and other energy-related activities, the state corporation commission shall remit all such moneys to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the energy grants management fund, which is hereby created in the state treasury. All expenditures from such fund shall be made in accordance with appropriation acts and any applicable contracts or agreements upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the state corporation commission, or by a person designated by the chairperson.
History: L. 1983, ch. 258, § 2; L. 2001, ch. 5, § 299; July 1.
History: L. 1983, ch. 258, § 3; Repealed, L. 2007, ch. 65, § 4; July 1.
Except as provided for in K.S.A. 48-924, and amendments thereto, whenever it appears from an evaluation of conditions in the state by the governor that the supply of natural gas and electric energy is inadequate to meet the demand for such energy in the state or any geographic areas of the state and that the public health, safety and welfare are threatened thereby, the governor may proclaim that a state of disaster emergency exists pursuant to K.S.A. 48-924, and amendments thereto.
History: L. 1983, ch. 258, § 4; L. 2007, ch. 65, § 2; July 1.
The state corporation commission shall adopt rules and regulations establishing a system of priorities for the allocation of available natural gas and electric energy or for the curtailment of the consumption of such natural gas and electric energy, or both, during an activation of emergency support function 12 of the Kansas response plan proclaimed by the governor pursuant to K.S.A. 48-920 et seq., and amendments thereto. Such rules and regulations shall apply to all suppliers and consumers of natural gas and electric energy.
History: L. 1983, ch. 258, § 5; L. 2007, ch. 65, § 3; July 1.
It is unlawful during any energy resources emergency proclaimed by the governor under K.S.A. 74-619 for any person to intentionally violate any provision of the system of priorities for the allocation of available energy resources or for the curtailment of the consumption of such energy resources, or both, established by any rule and regulation adopted by the state corporation commission under K.S.A. 74-620. Such violation of any such provision by any person is a class C misdemeanor.
History: L. 1983, ch. 258, § 6; July 1.
(a) On July 1, 1983, the unexpended balances of any appropriations for and funds available to the Kansas energy office abolished under this act are hereby transferred to the state corporation commission to be used for the purpose of implementing the provisions of this act.
(b) On July 1, 1983, all records and property of the Kansas energy office abolished under this act are hereby transferred to and conferred and imposed upon the state corporation commission.
(c) Whenever the Kansas energy office, or words of like effect, is referred to or designated by a contract, grant or other document, such reference or designation shall be deemed to apply to the state corporation commission. Whenever the director of the Kansas energy office, or words of like effect, is referred to or designated by a contract, grant or other document, such reference or designation shall be deemed to apply to the state corporation commission. All awards or grants made by the director of the Kansas energy office, which are in effect on July 1, 1983, shall continue to be effective for the duration of the period for which they were made, unless revised or nullified in accordance with law. All contracts entered into by the director of the Kansas energy office prior to July 1, 1983, and not fully executed on such date, shall remain in full force and effect until fully executed or until terminated or revoked in the manner provided in such contract or as is otherwise provided by law on the date of such contract.
(d) All rules and regulations and all orders and directives of the director of the Kansas energy office in existence immediately prior to the effective date of this act which relate to the powers, duties and functions imposed by law upon the state corporation commission shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the state corporation commission, until revised, amended, repealed or nullified pursuant to law.
(e) Effective July 1, 1983, and subject to the provisions of appropriations acts, officers and employees who were officers and employees of the Kansas energy office and who were engaged immediately prior to that date in the performance of the same or similar powers, duties and functions which are transferred to or imposed upon the state corporation commission by this act, and who, in the opinion of the chairperson of the state corporation commission, are necessary to perform such powers, duties and functions shall become officers and employees of the state corporation commission, and shall retain all retirement benefits which such officer or employee had before July 1, 1983, and their services shall be deemed to have been continuous. All such officers and employees who become officers and employees of the state corporation commission under this section shall be in the unclassified service under the Kansas civil service act.
(f) The Kansas energy office is hereby abolished.
History: L. 1983, ch. 258, § 7; July 1.
(a) The state corporation commission shall have the exclusive jurisdiction and authority to regulate oil and gas activities. The state corporation commission's jurisdiction shall include: (1) All practices involved in the exploration for and gathering of oil and gas and the drilling, production, lease storage, treatment, abandonment and postabandonment of oil and gas wells; (2) underground porosity storage of natural gas, as defined in K.S.A. 55-1,115, and amendments thereto; and (3) prevention and cleanup of pollution of the soils and waters of the state from oil and gas activities described in (1) or (2).
The state corporation commission shall not have jurisdiction over the refining, treating or storing of oil or gas after transporting of such oil or gas, except for the storing of natural gas described in (2).
(b) All jurisdiction and authority of the Kansas department of health and environment relating to the cleanup of pollution of the soils and waters of the state from oil and gas activities described in subsection (a) is hereby transferred to the state corporation commission.
(c) The state corporation commission shall be the successor in every way to the powers, duties and functions of the Kansas department of health and environment relating to the cleanup of pollution of the soils and waters of the state from oil and gas activities described in subsection (a). Every act performed in the exercise of such powers, duties and functions by or under authority of the state corporation commission shall be deemed to have the same force and effect as if performed by the department of health and environment.
(d) Whenever the Kansas department of health and environment, or words of like effect, is referred to or designated by a statute, contract or other document relating to the cleanup of pollution of the soils and waters of the state from oil and gas activities described in subsection (a), such reference shall be deemed to apply to the state corporation commission.
(e) All rules and regulations of the secretary of health and environment which are in existence on July 1, 1995, and relate to the cleanup of pollution of the soils and waters of the state from oil and gas activities described in subsection (a) shall continue to be effective and shall be deemed to be the duly adopted rules and regulations of the state corporation commission until revised, amended, revoked or nullified pursuant to law.
(f) All orders and directives of the Kansas department of health and environment which are in existence on July 1, 1995, and relate to the cleanup of pollution of the soils and waters of the state from oil and gas activities described in subsection (a) shall continue to be effective and shall be deemed to be orders and directives of the state corporation commission until revised, amended, revoked or nullified pursuant to law.
History: L. 1986, ch. 201, § 1; L. 1995, ch. 204, § 14; L. 2001, ch. 191, § 16; July 1.
The state corporation commission shall succeed to all property and records of the Kansas department of health and environment which were used for, or pertained to, the performance of the powers, duties and functions transferred pursuant to K.S.A. 74-623 through 74-628, and amendments thereto. On July 1, 1995, the balance of all funds appropriated and reappropriated to the department of health and environment for the activities of the department of health and environment relating to the protection of surface water and groundwater from pollution by oil and gas activities, which activities shall include all practices involved in the exploration for oil and gas and the drilling, production, lease storage, treatment, abandonment and postabandonment of oil and gas wells and salt water disposal or injection wells are hereby transferred to the state corporation commission and shall be used only for the purposes for which the appropriation was originally made. Any conflict as to the proper disposition of such property or records or the unexpended balances of any appropriation or reappropriation arising under this section shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1986, ch. 201, § 2; L. 1995, ch. 204, § 15; July 1.
On July 1, 1995, liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties and functions transferred by K.S.A. 74-623 through 74-628, and amendments thereto, shall be assumed and paid by the state corporation commission.
History: L. 1986, ch. 201, § 3; L. 1995, ch. 204, § 16; July 1.
Whenever any conflict arises as to the disposition of any power, duty or function as a result of any transfer made by or under authority of K.S.A. 74-623 through 74-628, and amendments thereto, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1986, ch. 201, § 4; L. 1995, ch. 204, § 17; July 1.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced by or against the Kansas department of health and environment or by or against any officer or employee of the department acting in the official capacity of such officer or employee or in relation to the discharge of official duties, shall abate by reason of the transfer of powers, duties and functions effected under the provisions of K.S.A. 74-623 through 74-628, and amendments thereto. The court may allow any such suit, action or proceeding to be maintained by or against the state corporation commission.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking of effect of K.S.A. 74-623 through 74-628, and amendments thereto.
History: L. 1986, ch. 201, § 5; L. 1995, ch. 204, § 18; July 1.
(a) On July 1, 1995, all officers and employees who were engaged immediately prior to that date in the performance of powers, duties and functions transferred pursuant to K.S.A. 74-623 through 74-627, and amendments thereto, and who are necessary to perform such powers, duties and functions, shall be transferred to and shall become officers and employees of the state corporation commission.
(b) Any officer or employee transferred pursuant to this section whether before or after amendment of this section on July 1, 1995, shall retain all retirement benefits and all rights of civil service which have accrued to or vested in such officer or employee prior to the officer's or employee's transfer. The service of each officer or employee so transferred shall be deemed to have been continuous. All transfers and any abolishments of personnel in the classified service under the Kansas civil service act shall be in accordance with civil service laws and rules and regulations adopted thereunder.
History: L. 1986, ch. 201, § 6; L. 1995, ch. 204, § 19; July 1.
The state corporation commission is authorized to organize the office of the state corporation commission as it deems most efficient, so long as the same is not in conflict with law. Division directors, and other directors specified in subsection (b) of K.S.A. 74-630, the general counsel and the executive director shall perform such duties and exercise powers as are delegated by the state corporation commission and such duties and powers as are prescribed by law.
History: L. 1994, ch. 1, § 2; July 1.
(a) The state corporation commission may appoint persons to the positions specified in subsection (b) to serve as full-time employees of the state. Such persons shall be in the unclassified service of the Kansas civil service act and shall receive compensation fixed by the state corporation commission and approved by the governor, subject to the limitations of appropriations therefor.
(b) The offices to which this section apply are the following:
(1) The director of the division of utilities;
(2) the director of the division of conservation;
(3) the director of the division of transportation;
(4) the director of public affairs and consumer protection;
(5) the general counsel; and
(6) the executive director, who shall also serve as secretary to the state corporation commission.
History: L. 1994, ch. 1, § 3; July 1.
The state corporation commission, subject to the Kansas civil service act and subject to appropriations therefor, may appoint other employees necessary to implement the duties and powers prescribed by law. Employees appointed under this section shall be in the classified service of the Kansas civil service act, unless otherwise specifically provided by law.
History: L. 1994, ch. 1, § 4; July 1.
History: L. 1995, ch. 204, § 21; Repealed, L. 1996, ch. 263, § 11; July 1.
(a) The state corporation commission representative to any regional transmission organization recognized by the federal energy regulatory commission of which one or more Kansas electric public utilities is a member is hereby authorized to participate fully in all decision-making bodies of such regional transmission organization, whether the decision of such bodies are advisory to or binding on the regional transmission authorization.
(b) Nothing in this section shall limit the state corporation commission's regulatory jurisdiction or authority to appeal to the federal energy regulatory commission any decision by a regional transmission organization or relieves the commission of its obligation and authority to ensure electric public utilities provide efficient and sufficient service.
History: L. 2005, ch. 107, § 1; April 21.
History: L. 1920, ch. 29, § 1; R.S. 1923, 74-701; Repealed, L. 1925, ch. 258, § 10; March 19.
History: L. 1923, ch. 5, § 1; R.S. 1923, 74-702; Repealed, L. 1925, ch. 258, § 10; March 10.
History: R.S. 1923, 74-703; Repealed, L. 1925, ch. 258, § 10; March 10.
History: L. 1929, ch. 258, § 1; Repealed, L. 1939, ch. 294, § 7; June 1.
History: L. 1929, ch. 183, § 1; Repealed, L. 1939, ch. 294, § 7; June 1.
History: L. 1929, ch. 258, §§ 2, 3, 4, 6; Repealed, L. 1939, ch. 294, § 7; June 1.
History: L. 1939, ch. 294, § 6; L. 1947, ch. 396, § 1; L. 1951, ch. 305, § 4; L. 1953, ch. 365, § 1; L. 1955, ch. 250, § 16; L. 1961, ch. 243, § 7; L. 1965, ch. 458, § 6; L. 1967, ch. 443, § 6; L. 1969, ch. 246, § 4; L. 1974, ch. 203, § 56; Repealed, L. 1976, ch. 370, § 104; July 1.
The records of the secretary of labor, compiled and maintained for administration of the employment security law, shall be made available to the director of workers' compensation for comparison with respect to matters of payroll, payroll tax, number and type of employees of all employers doing business in the state of Kansas who have not qualified as self-insurers or group-funded workers' compensation pools and who have not filed statements of insurance with the director of workers' compensation. The director shall order employers coming under this act and who have not qualified as self-insurers or group-funded workers' compensation pools and who have not filed a statement of insurance as provided by this act to so qualify or to file such statement or to cease doing business in the state of Kansas within a period to be set by the director but not less than 10 days from the date of the order.
In the event that such an employer fails to comply with the order of the director of workers' compensation issued as provided in this section, the attorney general or the district attorney or county attorney of any county in which such employer is doing business shall prepare and file in the district court of any county in which such employer is doing business a petition in the name of the state signed and verified by the director of workers' compensation, and asking that such employer be enjoined from doing business in this state for such period of time as the director may deem proper and until such employer has complied with the workers' compensation law, and the district court shall have jurisdiction and venue to enter its order without requiring bond or evidence to be filed or presented. In all other respects such action shall be governed by the laws governing civil procedure.
History: L. 1961, ch. 243, § 6; L. 1976, ch. 370, § 85; L. 1983, ch. 166, § 17; L. 2004, ch. 179, § 98; July 1.
The expense of the administration of the workers' compensation law shall be financed in the following manner:
(a) The director of workers' compensation shall estimate as soon as practicable after January 1 of each year the expenses necessary for the administration of the workers' compensation law for the fiscal year beginning on July 1 thereafter. Such estimate shall be provided to the legislature, and the legislature shall determine the amount of administrative expense to be obtained under the provisions of this act from workers' compensation insurance carriers, self-insurers and group-funded workers' compensation pools and the amount of such expense to be obtained from other sources; such carriers' and self-insurers' and group-funded workers' compensation pools' share of such expense shall be called "carrier's share of expense";
(b) the carrier's share of expense, as determined in subparagraph (a) hereof, shall be prorated among the insurance carriers writing workers' compensation insurance in the state, self-insurers and group-funded workers' compensation pools.
The director shall determine the total amount of benefit payments made pursuant to the workmen's compensation act, paid out as a result of injuries received in the state of Kansas for the immediately preceding calendar year, and the director's determination shall be conclusive. The director shall list the amount of workers' compensation benefits paid as a result of injuries received in the state of Kansas and paid by each workers' compensation insurance carrier, self-insurer and group-funded workers' compensation pool during such period.
History: L. 1961, ch. 244, § 1; L. 1976, ch. 370, § 86; L. 1979, ch. 156, § 16; L. 1983, ch. 166, § 18; July 1.
The director shall provide by regulation for the collection of each carrier's, self-insurer's and group-funded workers' compensation pools' proportionate amount of the carrier's share of expense. The maximum amount which shall be collected from any carrier, self-insurer or group-funded workers' compensation pool shall be 3% of the workers' compensation benefits paid by such carrier, self-insurer or group-funded workers' compensation pool as listed by the director. Such amounts shall be paid within 30 days from the date that notice is served upon such carrier, self-insurer or group-funded workers' compensation pool. If such amounts are not paid within such period, the director may assess a civil penalty equal to 10% of the amount so unpaid for each 30 days the liability remains due and unpaid, and such civil penalty shall be collected at the same time and as a part of the original amount as determined by the director under the terms of this act. Upon assessment, if the total dollar amount due is $10 or less, the amount due is waived.
History: L. 1961, ch. 244, § 2; L. 1983, ch. 166, § 19; L. 1997, ch. 125, § 21; July 1.
If any carrier fails to pay the amounts assessed by the director as provided in this act for a period of more than 60 days from the time notice of such amount is first served to such carrier, the director shall make a verified report to the commissioner of insurance, who may suspend or revoke the authorization of such carrier to do business in the state. If any self-insurer fails to pay the amounts assessed by the director as provided in this act for a period of more than 60 days from the time notice of such amount is first served to such self-insurer, the self-insurer shall forfeit such self-insurer's bond. The director may set aside such forfeiture if the amount is paid. If any group-funded workers' compensation pool fails to pay the amounts assessed by the director as provided in this act for a period of more than 60 days from the time notice of such amount is first served to such pool, the director shall make a verified report to the commissioner of insurance, who may suspend or revoke such pool's certificate of authority.
History: L. 1961, ch. 244, § 3; L. 1983, ch. 166, § 20; July 1.
There is hereby created in the state treasury a fund to be called the workmen's compensation fee fund. The workers compensation director shall remit all moneys received by or for such director from fees, charges or penalties which prior to the effective date of this act was required by law to be credited to the workmen's compensation fee fund to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the workmen's compensation fee fund. All expenditures from the workmen's compensation fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the workmen's compensation director or by a person or persons designated by the director.
History: L. 1961, ch. 244, § 4; L. 1975, ch. 440, § 2; L. 2001, ch. 5, § 300; L. 2011, ch. 53, § 42; July 1.
The director may require from each workers' compensation insurance carrier, self-insurer or group-funded workers' compensation pool, at such time and in accordance with regulations of the director, reports of all payments of compensation made by such workers' compensation insurance carrier, self-insurer or group-funded workers' compensation pool during any period.
History: L. 1961, ch. 244, § 5; L. 1983, ch. 166, § 21; July 1.
The director is authorized to establish rules and regulations to carry out the provisions of this act.
History: L. 1961, ch. 244, § 6; June 30.
No charges, amounts or expenses shall be charged to workmen's compensation insurance carriers or self-insurers under K.S.A. 74-712 to 74-717, inclusive, and 74-719 until July 1, 1962, but in all other respects such sections shall be in effect as and when provided in section 11 [*]of this act.
History: L. 1961, ch. 244, § 8; June 30.
Any action of the director of workers' compensation pursuant to K.S.A. 74-712 through 74-718, and amendments thereto, is subject to review in accordance with the Kansas judicial review act.
History: L. 1961, ch. 244, § 9; L. 1983, ch. 166, § 22; L. 1986, ch. 318, § 131; L. 2010, ch. 17, § 181; July 1.
History: L. 1921, ch. 264, §§ 1, 2; R.S. 1923, 74-801, 74-802; Repealed, L. 1931, ch. 6, § 8; March 16.
History: L. 1885, ch. 129, § 1; L. 1903, ch. 357, § 1; R.S. 1923, 74-901; L. 1951, ch. 435, § 1; L. 1967, ch. 434, § 25; L. 1970, ch. 265, § 6; Repealed, L. 1974, ch. 352, § 189; July 1.
History: L. 1963, ch. 397, § 1; Repealed, L. 1974, ch. 352, § 189; July 1.
History: L. 1963, ch. 397, § 2; L. 1967, ch. 414, § 1; Repealed, L. 1974, ch. 352, § 189; July 1.
History: L. 1963, ch. 397, § 3; Repealed, L. 1974, ch. 352, § 189; July 1.
History: L. 1963, ch. 397, §§ 4 to 6; Repealed, L. 1974, ch. 352, § 189; July 1.
History: L. 1885, ch. 129, § 2; L. 1903, ch. 357, § 2; R.S. 1923, 74-902; L. 1951, ch. 435, § 2; L. 1974, ch. 348, § 48; Repealed, L. 1974, ch. 352, § 189; July 1.
History: L. 1885, ch. 129, § 3; R.S. 1923, 74-903; Repealed, L. 1974, ch. 352, § 189; July 1.
History: L. 1947, ch. 330, §§ 1, 2; L. 1973, ch. 307, §§ 1, 2; Repealed, L. 1974, ch. 352, § 189; July 1.
Revisor's Note: Sections transferred to 65-1,107 to 65-1,109.
History: R.S. 1923, 74-1001; L. 1929, ch. 254, § 1; L. 1933, ch. 276, § 2; L. 1943, ch. 220, § 2; Repealed, L. 1957, ch. 343, § 91; July 1.
History: L. 1923, ch. 26, § 1; R.S. 1923, 74-1002; L. 1956, ch. 52, § 14; Repealed, L. 1957, ch. 343, § 91; July 1.
History: L. 1923, ch. 26, § 3; R.S. 1923, 74-1003; Repealed, L. 1957, ch. 343, § 91; July 1.
History: L. 1913, ch. 231, § 1; R.S. 1923, 74-1101; Repealed, L. 1949, ch. 331, § 16; June 30.
History: L. 1913, ch. 231, § 2; L. 1915, ch. 259, § 1; L. 1921, ch. 267, § 1; R.S. 1923, 74-1102; Repealed, L. 1949, ch. 331, § 16; June 30.
History: R.S. 1923, 74-1103; L. 1945, ch. 304, § 1; Repealed, L. 1949, ch. 331, § 16; June 30.
History: R.S. 1923, 74-1104; Repealed, L. 1949, ch. 331, § 16; June 30.
History: L. 1923, ch. 28, § 3; R.S. 1923, 74-1105; Repealed, L. 1949, ch. 331, § 16; June 30.
(a)
Appointment, term of office.
(1) The governor shall appoint a board consisting of 11 members of which six shall be registered professional nurses, two shall be licensed practical nurses and three shall be members of the general public, which shall constitute a board of nursing, with the duties, power and authority set forth in this act.
(2) Upon the expiration of the term of any registered professional nurse, the Kansas state nurses association shall submit to the governor a list of registered professional nurses containing names of not less than three times the number of persons to be appointed, and appointments shall be made after consideration of such list for terms of four years and until a successor is appointed and qualified.
(3) On the effective date of this act, the Kansas federation of licensed practical nurses shall submit to the governor a list of licensed practical nurses containing names of not less than three times the number of persons to be appointed, and appointments shall be made after consideration of such list for a term of four years and until a successor is appointed and qualified.
(4) Each member of the general public shall be appointed for a term of four years and successors shall be appointed for a like term.
(5) Whenever a vacancy occurs on the board of nursing, it shall be filled by appointment for the remainder of the unexpired term in the same manner as the preceding appointment. No person shall serve more than two consecutive terms as a member of the board of nursing and appointment for the remainder of an unexpired term shall constitute a full term of service on such board.
(b)
Qualifications of members.
Each member of the board shall be a citizen of the United States and a resident of the state of Kansas. Registered professional nurse members shall possess a license to practice as a professional nurse in this state with at least five years' experience in nursing as such and shall be actively engaged in professional nursing in Kansas at the time of appointment and reappointment. The licensed practical nurse members shall be licensed to practice practical nursing in the state with at least five years' experience in practical nursing and shall be actively engaged in practical nursing in Kansas at the time of appointment and reappointment. The governor shall appoint successors so that the registered professional nurse membership of the board shall consist of at least two members who are engaged in nursing service, at least two members who are engaged in nursing education and at least one member who is engaged in practice as an advanced practice registered nurse or a registered nurse anesthetist. The consumer members shall represent the interests of the general public. At least one consumer member shall not have been involved in providing health care. Each member of the board shall take and subscribe the oath prescribed by law for state officers, which oath shall be filed with the secretary of state.
(c)
Duties and powers.
(1) The board shall meet annually at Topeka during the month of September and shall elect from its members a president, vice-president and secretary, each of whom shall hold their respective offices for one year. The board shall employ an executive administrator, who shall be a registered professional nurse, who shall not be a member of the board and who shall be in the unclassified service under the Kansas civil service act, and shall employ such other employees, who shall be in the classified service under the Kansas civil service act as necessary to carry on the work of the board. The information technology and operational staff shall remain employees of the board. As necessary, the board shall be represented by an attorney appointed by the attorney general as provided by law, whose compensation shall be determined and paid by the board with the approval of the governor. The board may hold such other meetings during the year as may be deemed necessary to transact its business.
(2) The board shall adopt rules and regulations consistent with this act necessary to carry into effect the provisions thereof, and such rules and regulations may be published and copies thereof furnished to any person upon application.
(3) The board shall prescribe curricula and standards for professional and practical nursing programs and mental health technician programs, and provide for surveys of such schools and courses at such times as it may deem necessary. It shall accredit such schools and approve courses as meet the requirements of the appropriate act and rules and regulations of the board.
(4) The board shall examine, license and renew licenses of duly qualified applicants and conduct hearings upon charges for limitation, suspension or revocation of a license or approval of professional and practical nursing and mental health technician programs and may limit, deny, suspend or revoke for proper legal cause, licenses or approval of professional and practical nursing and mental health technician programs, as hereinafter provided. Examination for applicants for registration shall be given at least twice each year and as many other times as deemed necessary by the board. The board shall promote improved means of nursing education and standards of nursing care through institutes, conferences and other means.
(5) The board shall have a seal of which the executive administrator shall be the custodian. The president and the secretary shall have the power and authority to administer oaths in transacting business of the board, and the secretary shall keep a record of all proceedings of the board and a register of professional and practical nurses and mental health technicians licensed and showing the certificates of registration or licenses granted or revoked, which register shall be open at all times to public inspection.
(6) The board may enter into contracts as may be necessary to carry out its duties.
(7) The board is hereby authorized to apply for and to accept grants and may accept donations, bequests or gifts. The board shall remit all moneys received by it under this paragraph (7) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the grants and gifts fund which is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or a person designated by the president.
(8) A majority of the board of nursing including two professional nurse members shall constitute a quorum for the transaction of business.
(d)
Subpoenas.
In all investigations and proceedings, the board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all relevant and necessary papers, books, records, documentary evidence and materials. Any person failing or refusing to appear or testify regarding any matter about which such person may be lawfully questioned or to produce any books, papers, records, documentary evidence or relevant materials in the matter, after having been required by order of the board or by a subpoena of the board to do so, upon application by the board to any district judge in the state, may be ordered by such judge to comply therewith. Upon failure to comply with the order of the district judge, the court may compel obedience by attachment for contempt as in the case of disobedience of a similar order or subpoena issued by the court. A subpoena may be served upon any person named therein anywhere within the state with the same fees and mileage by an officer authorized to serve subpoenas in civil actions in the same procedure as is prescribed by the code of civil procedure for subpoenas issued out of the district courts of this state.
(e)
Compensation and expenses.
Members of the board of nursing attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. No member of the board of nursing shall be paid an amount as provided in K.S.A. 75-3223, and amendments thereto, if such member receives an amount from another governmental or private entity for the purpose for which such amount is payable under K.S.A. 75-3223, and amendments thereto.
History: L. 1949, ch. 331, § 2; L. 1956, ch. 52, § 15; L. 1957, ch. 431, § 11; L. 1963, ch. 314, § 10; L. 1965, ch. 506, § 38; L. 1967, ch. 434, § 26; L. 1973, ch. 309, § 25; L. 1973, ch. 310, § 1; L. 1974, ch. 348, § 49; L. 1975, ch. 316, § 12; L. 1978, ch. 308, § 54; L. 1980, ch. 235, § 1; L. 1986, ch. 233, § 5; L. 1987, ch. 234, § 2; L. 1988, ch. 331, § 7; L. 1992, ch. 116, § 34; L. 1993, ch. 194, § 7; L. 1997, ch. 146, § 5; L. 2000, ch. 113, § 5; L. 2001, ch. 5, § 301; L. 2001, ch. 161, § 12; L. 2007, ch. 115, § 1; L. 2011, ch. 114, § 70; L. 2018, ch. 42, § 7; July 1, 2019.
History: L. 1957, ch. 438, § 1; L. 1963, ch. 314, § 11; Repealed, L. 1967, ch. 434, § 69; July 1.
The executive administrator of the board of nursing shall remit all moneys received by the board from fees, charges or penalties, other than moneys received under K.S.A. 74-1109, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the board of nursing fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person or persons designated by the president.
History: L. 1973, ch. 309, § 26; L. 1983, ch. 206, § 13; L. 1986, ch. 286, § 1; L. 2001, ch. 5, § 302; L. 2011, ch. 53, § 43; July 1.
The board of nursing is hereby authorized to fix, charge and collect fees for institutes, conferences and other educational programs offered by the board under subsection (c)(4) of K.S.A. 74-1106, and amendments thereto. The fees shall be fixed in order to recover the cost to the board for providing such programs. The executive administrator of the board shall remit all moneys received by the board from fees collected under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the education conference fund which is hereby created. All expenditures from such fund shall be for the operating expenditures of providing such programs and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person designated by the president.
History: L. 1986, ch. 286, § 2; L. 2001, ch. 5, § 303; July 1.
The board of nursing, in addition to any other penalty prescribed by law, may assess a civil fine, after proper notice and an opportunity to be heard, against any person granted a license, certificate of qualification or authorization to practice by the board of nursing for a violation of a law or rule and regulation applicable to the practice for which such person has been granted a license, certificate of qualification or authorization by the board in an amount not to exceed $1,000 for the first violation, $2,000 for the second violation and $3,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1992, ch. 151, § 6; L. 2001, ch. 5, § 304; July 1.
(a) The attorney general shall appoint, with the approval of the board of nursing, assistant attorneys general who shall carry out the duties under subsection (b). The attorneys shall receive an annual salary fixed by the attorney general with the approval of the board of nursing. The salaries shall be paid from moneys appropriated to the board of nursing in the board of nursing fee fund.
(b) The assistant attorneys general appointed under subsection (a) shall represent the board of nursing in any proceedings or litigation that may arise in the discharge of the duties of the board of nursing and shall perform such other duties of a legal nature as may be directed by the board of nursing.
History: L. 1993, ch. 194, § 19; L. 2017, ch. 31, § 7; July 1.
(a) The board of nursing may require an application to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(b) The board shall fix a fee for fingerprinting of applicants or licensees, or both, as may be required by the board in an amount necessary to reimburse the board for the cost of the fingerprinting. Fees collected under this subsection shall be deposited in the criminal background and fingerprinting fund.
(c) There is hereby created in the state treasury the criminal background and fingerprinting fund. All moneys credited to the fund shall be used to pay the Kansas bureau of investigation for the processing of fingerprints and criminal history background checks for the board of nursing. The fund shall be administered by the board of nursing. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or a person designated by the president.
(d) As used in this section, "applicant" means a person who has applied for licensure as a professional nurse, practical nurse or mental health technician.
History: L. 2008, ch. 154, § 5; L. 2024, ch. 15, § 64; July 1.
History: L. 1913, ch. 290, § 1; R.S. 1923, 74-1201; Repealed, L. 1957, ch. 343, § 91; July 1.
History: L. 1913, ch. 291, § 1; R.S. 1923, 74-1301; Repealed, L. 1957, ch. 343, § 91; July 1.
History: L. 1913, ch. 291, § 2; R.S. 1923, 74-1302; Repealed, L. 1957, ch. 343, § 91; July 1.
History: L. 1913, ch. 291, § 3; R.S. 1923, 74-1303; Repealed, L. 1957, ch. 343, § 91; July 1.
History: L. 1923, ch. 15, § 1; R.S. 1923, 74-1304; Repealed, L. 1957, ch. 343, § 91; July 1.
History: L. 1923, ch. 15, § 2; R.S. 1923, 74-1305; L. 1956, ch. 52, § 16; Repealed, L. 1957, ch. 343, § 91; July 1.
History: L. 1913, ch. 291, § 12; R.S. 1923, 74-1306; Repealed, L. 1957, ch. 343, § 91; July 1.
Revisor's Note: Later act, see 74-1404.
History: L. 1903, ch. 227, § 5; R.S. 1923, 74-1401; Repealed, L. 1943, ch. 221, § 46; June 28.
Revisor's Note: Later act, see 74-1405.
History: R.S. 1923, 74-1402; Repealed, L. 1943, ch. 221, § 46; June 28.
Revisor's Note: Later act, see 74-1405.
History: L. 1903, ch. 227, § 7; R.S. 1923, 74-1403; L. 1943, ch. 269, § 14; Repealed, L. 1943, ch. 221, § 46; June 28.
(a) In order to accomplish the purpose and to provide for the enforcement of this act, there is hereby created the Kansas dental board. The board shall be vested with authority to carry out the purposes and enforce the provisions of this act. The board shall consist of the following: (1) Six licensed and qualified resident dentists; (2) two licensed and qualified resident dental hygienists; and (3) one representative of the general public. At least 30 days before the expiration of any term, other than that of the member appointed from the general public or a member who is a dental hygienist, the Kansas dental association or its successor shall submit to the governor a list of three names of persons of recognized ability who have the qualifications prescribed for the dentist board members. At least 30 days before the expiration of the term of the dental hygienist member of the board, the Kansas dental hygiene association shall submit to the governor a list of three names of persons of recognized ability who have the qualifications prescribed for the dental hygienist member. For the four new members to be appointed under this act, such names shall be submitted within 10 days after the effective date of this act. The governor shall consider such list of persons in making the appointment to the board.
(b) The members shall be appointed by the governor in the manner hereinafter prescribed for terms of four years and until their successors are appointed and qualified. Of the six licensed dentists on the board, one shall be appointed from each congressional district and two shall be appointed from the state at large. On and after the effective date of this act, no person shall be appointed for more than two consecutive four-year terms. No person in any way connected with a dental supply or dental laboratory business shall be eligible for appointment to the board. No person shall be eligible for appointment to the board who has been convicted of a violation of any of the provisions of this or any other prior dental practice act or who has been convicted of a felony. A dentist who is an officer of the Kansas dental association shall not be eligible for appointment to the Kansas dental board. A dental hygienist who is an officer of the Kansas dental hygienists association shall not be eligible for appointment to the Kansas dental board. No dentist or dental hygienist shall be appointed to the board who has not been engaged in the active practice of dentistry or dental hygiene in the state of Kansas for at least five years next preceding appointment. Whenever a vacancy occurs it shall be filled by appointment for the remainder of the unexpired term in the same manner as an original appointment is made.
(c) Upon the effective date of this act, in order to expand the membership to the prescribed six dentists and two dental hygienists, the governor shall appoint three additional dentists and one additional hygienist to the board in the manner described in this section. Of the three new dental members, one shall serve until April 30, 2000, one shall serve until April 30, 2001 and one shall serve until April 30, 2002, as designated by the governor. Thereafter, all terms shall be four-year terms beginning May 1 of the appointment year and expiring April 30 four years later. When the terms of the existing dentist members which expire May 1, 2000, and May 1, 2001 conclude, then successors shall be appointed for four year terms beginning May 1 and expiring April 30 four years later. The additional dental hygienist appointed upon the effective date of this act shall serve until April 30, 2002, and thereafter the successor shall serve a four-year term beginning May 1 and expiring April 30 four years later. Upon the expiration of terms of office of members, successors shall be appointed in the same manner as original appointments for terms of four years.
History: L. 1943, ch. 221, § 1; L. 1975, ch. 399, § 1; L. 1978, ch. 308, § 55; L. 1981, ch. 299, § 51; L. 1996, ch. 85, § 5; L. 1998, ch. 141, § 5; July 1.
(a) The board at its first meeting day of each year shall elect from its members a president, vice-president and secretary. The board shall have a common seal. The board shall hold two regular meetings each year at times to be fixed by the board, and special meetings at such other times as may be necessary.
(b) Members of the Kansas dental board attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, or conducting examinations for dental or dental hygienists licenses or conducting inspections of dental laboratories required by K.S.A. 65-1438, and amendments thereto, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. Members of the board conducting examinations for dental or dental hygienists licenses may receive amounts for compensation, subsistence allowances, mileage or other expenses from a nonstate agency for conducting such examinations but no member receiving any such amounts shall be paid any compensation, subsistence allowances, mileage or other expenses under this section for conducting such examinations.
(c) The official office of the board shall be in Topeka. Meetings shall be held in Topeka or at such other places as the board shall determine to be most appropriate. Service of process may be had upon the board by delivery of process to the secretary of state who shall mail the same by registered or certified mail to the executive director of the board.
(d) The board may appoint an executive director who shall be in the unclassified service of the Kansas civil service act. The executive director shall receive an annual salary fixed by the board and approved by the governor. The executive director shall be the legal custodian of all property, money, minutes, records, and proceedings and seal of the board.
(e) The board in its discretion may affiliate as an active member with the national association of dental examiners and any organization of one or more state boards for the purpose of conducting a standard examination of candidates for licensure as dentists or dental hygienists and pay regular dues to such association or organization, and may send members of the board to the meetings of the national association and the meetings of any organization of state boards of dental examiners organized for the purpose of conducting a standard examination of candidates for licensure as dentists and dental hygienists.
(f) The executive director shall remit all moneys received by or for such executive director from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the dental board fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person or persons designated by the president.
History: L. 1943, ch. 221, § 2; L. 1953, ch. 289, § 4; L. 1956, ch. 52, § 17; L. 1957, ch. 431, § 12; L. 1963, ch. 315, § 3; L. 1963, ch. 398, § 19; L. 1967, ch. 416, § 1; L. 1973, ch. 309, § 27; L. 1974, ch. 348, § 50; L. 1976, ch. 338, § 1; L. 1979, ch. 240, § 1; L. 2001, ch. 5, § 305; L. 2002, ch. 38, § 6; L. 2011, ch. 53, § 44; July 1.
The board shall exercise, subject to the provisions of this act, the following powers and duties:
(a) Adopt such rules for its governance as it may deem proper.
(b) Adopt rules and regulations for qualification and licensing of dental hygienists.
(c) Adopt rules and regulations regarding sanitation.
(d) Conduct examinations to ascertain the qualification and fitness of applicants for licenses as dentists or certificates as specialists in dentistry.
(e) Pass upon the qualifications of applicants for reciprocal licenses.
(f) Prescribe rules and regulations for examination of candidates.
(g) Formulate rules and regulations by which dental schools and colleges shall be approved.
(h) Grant licenses, issue license certificates as specialists in dentistry and issue renewal licenses and certificates as specialists in dentistry in conformity with this act to such applicants and dentists as have been found qualified.
(i) Conduct hearings or proceedings to revoke or suspend and to revoke or suspend a license, certificate or renewal license or certificate granted under the authority of this act or previous acts.
(j) Employ such persons as it may deem necessary to assist in carrying out the duties of the board in the administration and enforcement of this act, and to provide offices, furniture, fixtures, supplies, printing or secretarial service, and may expend such funds as may be deemed necessary therefor, and may appoint an attorney to advise and assist in the carrying out and enforcing of the provisions of this act.
(k) Investigate violations of the act that may come to the knowledge of the board, and institute or cause to be instituted before the board or in a proper court appropriate proceedings in connection therewith.
(l) Adopt rules and regulations to carry out and make effective the provisions of this act and modify or repeal such rules and regulations whenever in the discretion of the board it is deemed necessary.
History: L. 1943, ch. 221, § 3; L. 2000, ch. 169, § 18; July 1.
(a) The executive director of the board shall keep a record book in which shall be entered the names of all persons to whom licenses and certificates as specialists in dentistry, and renewal licenses and certificates have been granted under this act, the numbers of such licenses and certificates, the dates of granting the same and other matters of record, the book so provided and kept to be deemed a book of records. A photostatic copy of such records, or a copy of such records certified by the executive director and under the seal of the board, shall be admitted in any of the courts of this state as prima facie evidence of the facts contained in such records and in lieu of the records of the board.
(b) A certificate that there is not entered in such record books the name and number of and date of granting such license or certificate or license or renewal certificate to a person charged with a violation of any of the provisions of this act, under the hand of the executive director and the seal of the board, shall be prima facie evidence of the facts contained therein and in the records of the board. Such certificates shall be admitted in any of the courts of this state in lieu of the records of the board.
(c) The original books, records and papers of the board shall be kept at the office of the executive director of such board, which office shall be at such place as may be designated by the board. The executive director shall furnish to any person making application therefor a copy of any part thereof, certificated by the executive director, upon payment of a fee in an amount fixed by the executive director and approved by the director of accounts and reports under K.S.A. 45-219 and amendments thereto.
History: L. 1943, ch. 221, § 13; L. 1978, ch. 347, § 15; L. 2000, ch. 169, § 19; L. 2002, ch. 38, § 7; July 1.
The state board of education, the state board of regents and the Kansas dental board shall report to the legislature on or before January 11, 1999, on plans for increasing the number of persons in this state being trained as dental hygienists.
History: L. 1998, ch. 141, § 3; July 1.
The governor shall appoint a board of examiners in optometry for the state of Kansas, consisting of five members. Four members shall be selected after consideration of a list of four or more names for each appointment, submitted by the Kansas optometric association, or its successor. One member shall be a representative of the general public. No person other than the member representing the general public shall be eligible for appointment as a member of the board unless such person has been engaged in the actual practice of optometry in the state of Kansas continuously for five years and is a resident thereof. All members shall serve for a term of three years, but in no case shall any member be appointed for more than three successive three-year terms. In the case of a vacancy in the membership of the board for any reason, the governor shall appoint a successor of like qualifications to fill the unexpired term, and in making such appointment the governor shall give consideration to the list of persons last submitted. Each member of the board shall hold office until a successor is duly appointed and qualified. The governor shall have the power to remove from office any member of the board for neglect of duty, incompetency, improper or unprofessional conduct.
History: L. 1923, ch. 220, § 4; R.S. 1923, 74-1501; L. 1975, ch. 318, § 9; L. 1978, ch. 308, § 56; L. 1981, ch. 299, § 52; L. 1996, ch. 95, § 4; April 4.
The board shall keep a record in which shall be registered the name, residence, place of business, date of issuance of license, renewals, limitations revocations and suspensions of a license of every person authorized under the optometry law to practice optometry in this state. A majority of the board shall constitute a quorum.
History: L. 1923, ch. 220, § 5; R.S. 1923, 74-1502; L. 1990, ch. 223, § 10; July 1.
(a) At the regular meeting of the board in April of every year it shall elect from its own membership a president, a vice-president and a secretary-treasurer. Members of the board of examiners in optometry attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. The board may appoint a secretary-treasurer who shall be in the unclassified service of the Kansas civil service act. The secretary-treasurer shall receive an annual salary which shall be fixed by the board and approved by the state finance council.
(b) The board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the optometry fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person or persons designated by the president.
(c) There is hereby created in the state treasury the optometry litigation fund. All moneys credited to the fund shall be used to pay all costs and fees associated with litigation expenses of the board of examiners in optometry. The unencumbered balance in such fund shall not exceed $400,000. The fund shall be administered by the board. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or a person designated by the president.
History: L. 1923, ch. 220, § 6; R.S. 1923, 74-1503; L. 1951, ch. 360, § 3; L. 1956, ch. 52, § 18; L. 1957, ch. 431, § 13; L. 1963, ch. 398, § 20; L. 1973, ch. 309, § 28; L. 1974, ch. 348, § 51; L. 2001, ch. 5, § 306; L. 2011, ch. 53, § 45; L. 2012, ch. 8, § 12; July 1.
(a) The board shall administer and enforce the provisions of the optometry law, and the board is hereby granted such specific powers as are necessary for the purpose of administering and enforcing such law. In addition, the board may:
(1) Employ agents, attorneys and inspectors under such rules and regulations as the board may prescribe in accordance with the provisions of the optometry law, except that no state officer shall be eligible for employment by the board.
(2) Make all necessary disbursements, to carry out the provisions of this act, including payment for stationery supplies, acquire all necessary optical instruments to be used in the conducting of examination, print and distribute to all optometrists in the state a yearbook of the names and addresses of all optometrists licensed by the board.
(3) Grant all licenses as seem just and proper and to suspend, limit, revoke or refuse to renew any such licenses granted for any of the causes specified under K.S.A. 65-1506 and amendments thereto.
(4) Administer oaths and take testimony upon granting or refusing to grant, revoking, limiting or suspending licenses.
(5) Issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the district courts. In case of disobedience on the part of any person to comply with any subpoena issued in behalf of the board, or on the refusal of any witness to testify to any matters regarding which such witness may be lawfully interrogated, the judge of the district court of any county, on application of a member of the board, may compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify in such court. Each witness who appears before the board by the board's order or subpoena, other than a state officer or employee, shall receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record which shall be audited and paid upon the presentation of proper vouchers sworn to by such witnesses and approved by the president and secretary-treasurer of the board.
(6) Adopt rules and regulations for the procedure and conduct of the board and for the administration of the optometry law, which rules and regulations shall not be inconsistent with the provisions of the optometry law.
(b) The board shall meet at least annually for the purpose of examining applicants for licensure. Such meetings shall be held in Topeka. At least 30 days prior to the examination, the board shall cause a special notice to be published in the Kansas register stating the date and hour for holding such examination. Special meetings shall be held at such times and places as the board may direct.
(c) The board shall preserve an accurate record of all meetings and proceedings of the board including receipts and disbursements with vouchers therefor and complete minutes of all prosecutions and violations of the optometry law and of examinations held under the provisions of the optometry law and an accurate inventory of all property of the board. All such records shall be kept in the office of the board and made accessible to the public.
History: L. 1923, ch. 220, § 7; R.S. 1923, 74-1504; L. 1939, ch. 240, § 8; L. 1943, ch. 269, § 15; L. 1953, ch. 366, § 1; L. 1967, ch. 434, § 27; L. 1990, ch. 223, § 11; July 1.
(a) The board shall appoint a seven-member committee to be known as the interprofessional advisory committee which, as requested by the board, shall make recommendations on clinical or practice related issues, including procedure coding matters and appropriate treatments for ocular diseases and conditions.
(b) The interprofessional advisory committee shall consist of one member of the board appointed by the board who shall serve as a nonvoting chair, together with three optometrists licensed to practice optometry in this state chosen by the board from those nominated by the Kansas optometric association and three ophthalmologists licensed to practice in this state chosen by the board from those nominated by the Kansas medical society and the Kansas association of osteopathic medicine. The Kansas optometric association and Kansas medical society shall submit six nominees to the board. The Kansas association of osteopathic medicine shall submit two nominees to the board. Persons appointed to the committee shall serve terms of three years and without compensation. All expenses of the committee shall be paid by the board.
(c) This section shall be part of and supplemental to the optometry law.
History: L. 1996, ch. 95, § 5; L. 1999, ch. 23, § 10; L. 2005, ch. 93, § 4; L. 2012, ch. 8, § 9; July 1.
History: L. 1885, ch. 150, § 2; L. 1887, ch. 174, § 1; R.S. 1923, 74-1601; Repealed, L. 1953, ch. 290, § 38; July 1.
History: L. 1885, ch. 150, § 9; L. 1887, ch. 174, § 3; R.S. 1923, 74-1602; L. 1927, ch. 290, § 1; Repealed, L. 1953, ch. 290, § 38; July 1.
(a) There is hereby created a state board of pharmacy which shall consist of seven members, six of whom shall be licensed pharmacists, and one of whom shall be a representative of the general public.
(b) Vacancies occurring on the board other than by expiration of term shall be filled for the unexpired term in the same manner as the original appointment was made. No person who has been appointed to and qualified for two terms as a member of the board of pharmacy shall be eligible to be appointed as a member of the board. On July 1, 2009, the term of office of each existing board member shall be extended by one year.
(c) The office of the state board of pharmacy shall be located in the city of Topeka, Kansas.
History: L. 1953, ch. 290, § 4; L. 1975, ch. 319, § 36; L. 1978, ch. 308, § 57; L. 1981, ch. 299, § 53; L. 1982, ch. 263, § 5; L. 1986, ch. 231, § 34; L. 2009, ch. 131, § 12; July 1.
The governor shall appoint the members of the board and such members appointed on and after July 1, 2009, shall serve for terms of four years and until their successors are appointed and qualified.
No pharmacist shall be eligible for appointment as a member of the board unless such pharmacist has been a resident of the state and actively employed in or engaged in the practice of pharmacy in Kansas for at least five years immediately preceding the date of appointment.
History: L. 1953, ch. 290, § 5; L. 1975, ch. 319, § 37; L. 1986, ch. 231, § 35; L. 2009, ch. 131, § 13; July 1.
Upon the expiration of the term of any pharmacist, the state pharmaceutical association shall submit to the governor a list of pharmacists who meet the qualifications established by K.S.A. 74-1604 and amendments thereto, for membership on the board containing the names of not less than three times the number of registered pharmacists to be appointed to the board. In making appointments to the board, the governor shall give consideration to such list of persons. Within 30 days after their appointments, appointees to the board shall each take and subscribe to the oath prescribed by law for state officers, which shall be filed in the office of the secretary of state.
History: L. 1953, ch. 290, § 6; L. 1975, ch. 319, § 38; L. 1986, ch. 231, § 36; June 1.
(a) Annually, the board shall organize by electing a president and a vice-president and shall also appoint a full-time executive secretary who shall not be a member of the board and whose employment shall at all times be subject to the pleasure of the board. The executive secretary shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary fixed by the board and approved by the state finance council.
(b) The board may employ, in accordance with the Kansas civil service act, such inspectors, chemists, agents and clerical help as may be necessary for the purpose of administering and enforcing the provisions of this act and may employ an attorney to assist in prosecutions under this act and for such other purposes as the board may designate.
History: L. 1953, ch. 290, § 7; L. 1973, ch. 311, § 1; L. 1975, ch. 319, § 39; L. 1995, ch. 106, § 3; L. 2007, ch. 20, § 1; July 1.
Members of the state board of pharmacy attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223.
History: L. 1953, ch. 290, § 8; L. 1967, ch. 443, § 7; L. 1973, ch. 311, § 2; L. 1974, ch. 348, § 52; L. 1975, ch. 319, § 40; July 1.
The board shall hold at least four meetings each year for the transaction of such business as may legally come before it. Due notice of all meetings shall be given each member at least 10 days prior to the date fixed for the meeting except that such notice shall not be required in those cases where a member of the board shall file a written waiver of notice with the executive secretary. The board shall make such reports of its activities as are required by K.S.A. 75-3044 to 75-3048, and amendments thereto.
History: L. 1953, ch. 290, § 9; L. 1975, ch. 319, § 41; L. 1986, ch. 231, § 37; L. 2007, ch. 20, § 2; July 1.
The executive secretary of the board shall be the executive officer in charge of the office of the board. Such secretary shall make, keep, and be in charge of all records and record books required to be kept by such board, including a record of all registrations and permits required under this act, and shall attend to the correspondence of the board and perform such other duties as the board may require in carrying out and administering this act.
The executive secretary shall receive and receipt for all fees collected under this act. The executive secretary of the board shall remit all moneys received by or for such secretary from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the state board of pharmacy fee fund which is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive secretary or by the president of the board, or both, as the board shall determine.
History: L. 1953, ch. 290, § 10; L. 1956, ch. 52, § 19; L. 1957, ch. 431, § 14; L. 1963, ch. 398, § 21; L. 1967, ch. 434, § 28; L. 1973, ch. 309, § 29; L. 1975, ch. 319, § 42; L. 2001, ch. 5, § 307; L. 2011, ch. 53, § 46; July 1.
Each member of the board and the executive secretary thereof shall have power to administer oaths in connection with the duties of the board.
History: L. 1953, ch. 290, § 11; L. 1975, ch. 319, § 43; July 1.
The books, registers and records of the board as made and kept by the executive secretary or under his or her supervision, subject to the direction of the board, or any portion thereof when certified by the executive secretary shall be prima facie evidence of the matter therein recorded and shall be deemed lawful evidence in any court of this state.
History: L. 1953, ch. 290, § 12; L. 1975, ch. 319, § 44; July 1.
History: L. 1907, ch. 387, § 1; L. 1909, ch. 225, § 1; R.S. 1923, 74-1701; L. 1973, ch. 251, § 2; L. 1976, ch. 339, § 1; L. 1978, ch. 308, § 58; L. 1979, ch. 188, § 15; L. 1981, ch. 300, § 1; L. 1981, ch. 299, § 54; L. 1982, ch. 347, § 31; Repealed, L. 1985, ch. 215, § 24; July 1.
(a) There is hereby established the state board of mortuary arts. The board shall consist of five members appointed by the governor. All vacancies occurring on the board shall be filled by appointment by the governor. Appointments shall be made on or before August 1, and each member appointed shall serve for a term of three years from August 1 following the year of appointment. The governor shall fill any vacancy in an unexpired term by appointing a person to serve for the remainder of the unexpired term.
(b) All members of the state board of mortuary arts shall be residents of the state of Kansas. Three members of the board shall hold an embalmer's license issued by the state board of mortuary arts, shall have five consecutive years' experience in the practice of embalming and shall be currently engaged in the practice of embalming and in care of and disposition of dead human bodies in this state. Two members of the board shall be representative of the public in general and shall not hold any license issued by the board. The governor shall have power to remove from office any member of the board for neglect of duty, incompetency or improper conduct.
(c) All members of the state board of embalming immediately prior to July 1, 1985, shall continue as members of the state board of mortuary arts until the time of the expiration of the term for which such member was appointed to the state board of embalming.
History: L. 1985, ch. 215, § 18; July 1.
The governor shall furnish to each person appointed to serve on said board a certificate of appointment. The appointee shall qualify by taking the usual oath of office before any person authorized to administer oaths before beginning his duties as a member of said board.
History: L. 1907, ch. 387, § 2; R.S. 1923, 74-1702; L. 1941, ch. 297, § 1; June 30.
The board shall hold at least four meetings each year. All meetings shall be held at a time and place to be designated by the board. Three members shall constitute a quorum.
History: L. 1907, ch. 387, § 3; R.S. 1923, 74-1703; L. 1976, ch. 339, § 2; L. 1981, ch. 300, § 2; L. 1991, ch. 190, § 8; July 1.
The board shall annually elect a president and vice-president from the members of said board. The vice-president shall act for the president when the president is absent or unable to act. Said officers shall serve for one year or until their successors are elected and qualified. The board shall also elect a secretary, who shall serve for four (4) years, unless removed for cause, and such secretary shall be the executive officer of said board, but not a member thereof. The secretary shall receive such salary as may be fixed by the board, which shall not be in excess of just compensation for the duties required, and in addition thereto all necessary expenses incurred in the discharge of the duties of said office. The board shall adopt a common seal. The president of said board is hereby authorized to administer oaths to witnesses testifying before said board. In order to carry out the provisions of this act said board shall have the authority to issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the district courts.
The board shall employ an investigator-inspector. Such employee shall perform all inspections and conduct the investigative duties of the board and shall be within the classified service of the Kansas civil service act. Upon presentation of proper credentials the investigator-inspector shall have the authority to enter into and inspect any funeral establishment, as said term is defined in K.S.A. 65-1713a, at any reasonable time.
The board shall also have power to employ such agents and attorneys as it may deem necessary for the performance of the work of the board, and may allow them reasonable compensation and their actual necessary expenses incurred in the performance of their duties. It shall also have power to make reasonable rules and regulations establishing ethical standards and practices for embalming and funeral directing, provided the same are not inconsistent with the provisions of this act. Said board shall meet quarterly and may meet as often as the proper and efficient discharge of its duties shall require, but at no time shall the board contract in excess of the amount of its funds on hand.
History: L. 1907, ch. 387, § 4; L. 1909, ch. 225, § 2; R.S. 1923, 74-1704; L. 1927, ch. 291, § 3; L. 1941, ch. 297, § 2; L. 1967, ch. 434, § 29; L. 1979, ch. 188, § 16; L. 2004, ch. 57, § 5; July 1.
Members of the state board of mortuary arts attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto. Within appropriations therefor, the board may provide for such educational extension and research work.
History: L. 1907, ch. 387, § 7; R.S. 1923, 74-1705; L. 1927, ch. 291, § 1; L. 1941, ch. 297, § 3; L. 1953, ch. 291, § 4; L. 1974, ch. 348, § 53; L. 1985, ch. 215, § 21; July 1.
An action in injunction or quo warranto may be brought and maintained in the name of the state board of mortuary arts of the state of Kansas, to enjoin or oust from the unlawful practice of embalming or funeral directing any person who shall in any manner practice or attempt to practice embalming or funeral directing in the state of Kansas, as defined by the laws of Kansas, in violation of the laws or the rules and regulations of the board. Nothing herein contained shall confer upon the district courts of the state the right to grant temporary restraining orders or temporary injunctions under this act, and no injunction matter shall be heard or decided until the defendant has an opportunity to present a defense. The court shall require the issues in such cases to be joined without delay and shall set the same for trial immediately thereafter.
The authority conferred by this statute shall be in addition to, and not in lieu of, authority to prosecute criminally any person unlawfully engaged in the practice of embalming or funeral directing in this state, and shall also be in addition to the right of the board to suspend or revoke the license to the person complained against. The granting and enforcement of an injunction or quo warranto to prevent the unlawful practice of embalming or funeral directing is a preventative measure, and not a punitive measure, and the fact that a person has been charged with or convicted of criminally having practiced embalming or funeral directing shall not prevent the issuance of a writ of injunction or quo warranto to prevent such person's further practice of embalming or funeral directing. The fact that a writ of injunction or quo warranto has been granted to prevent further practice shall not preclude the institution of criminal prosecution and punishment.
History: L. 1941, ch. 297, § 4; L. 1976, ch. 145, § 235; L. 1985, ch. 215, § 22; July 1.
The state board of mortuary arts is hereby authorized and empowered to adopt and enforce rules and regulations relative to the selling and servicing of insurance or contracts of the burial or funeral benefit type and the collection of premiums and assessments thereon by embalmers, funeral directors and assistant funeral directors and to also adopt and enforce rules and regulations relative to prearranged funeral contracts made by or with embalmers, funeral directors and assistant funeral directors. Before any such rules or regulations are promulgated the same shall be submitted to and approved by the commissioner of insurance.
History: L. 1945, ch. 256, § 1; L. 1985, ch. 215, § 23; July 1.
History: L. 1956, ch. 52, § 20; L. 1957, ch. 431, § 15; L. 1963, ch. 398, § 22; Repealed, L. 1973, ch. 309, § 46; July 1.
(a) On July 1, 1985, the state board of embalming is hereby abolished.
(b) All of the powers, duties and functions of the state board of embalming are hereby transferred to and conferred and imposed upon the state board of mortuary arts.
(c) The state board of mortuary arts shall be the successor in every way to the powers, duties and functions of the state board of embalming in which the same were vested prior to July 1, 1985, except as otherwise provided in this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the state board of mortuary arts shall be deemed to have the same force and effect as if performed by the state board of embalming in which the same were vested prior to July 1, 1985.
(d) Whenever the state board of embalming, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state board of mortuary arts established under this act.
(e) All rules and regulations of the state board of embalming shall continue to be effective and shall be deemed to be the duly adopted rules and regulations of the state board of mortuary arts until revised, amended, revoked or nullified pursuant to law.
(f) All books, records and other property of the state board of embalming are hereby transferred to the state board of mortuary arts on July 1, 1985.
(g) Whenever any conflict arises as to the proper disposition of any property or records as a result of any abolishment or transfer made under this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(h) The state board of mortuary arts shall be a continuation of the state board of embalming.
History: L. 1985, ch. 215, § 19; July 1.
On July 1, 1985, all officers and employees who were engaged prior to such date in the performance of powers, duties and functions of the state board of embalming and who, in the opinion of the state board of mortuary arts, are necessary to perform the powers, duties and functions of the state board of mortuary arts shall become officers and employees of the state board of mortuary arts and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1985, and then service shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service shall be in accordance with civil service laws and rules and regulations.
History: L. 1985, ch. 215, § 20; July 1.
(a) In connection with any investigation, based upon a complaint or other reasonably reliable information received by the state board of mortuary arts, the board or its duly authorized agent or employee may issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses, to compel the production of any physical evidence for examination or copying or to compel the taking of the deposition of witnesses, residing within or outside of the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the district courts, if such evidence relates to practices which may be grounds for disciplinary action.
(b) Within five days after the service of the subpoena or subpoena duces tecum on any person requiring the production of any evidence in the person's possession or under such person's control, such person may petition the state board of mortuary arts to revoke, limit or modify such subpoena. The board shall revoke, limit or modify such subpoena if in its opinion the evidence required does not relate to practices which may be grounds for disciplinary action, is not relevant to the charge which is the subject matter of the proceeding or investigation, or does not describe with sufficient particularity the physical evidence which is required to be produced.
(c) Upon application by the state board of mortuary arts or by the person subpoenaed, the district court shall have jurisdiction to issue an order:
(1) Requiring such person to appear before the board or a duly authorized agent of the board to produce evidence relating to the matter under investigation; or
(2) revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to practices which may be grounds for disciplinary action, is not relevant to the charge which is the subject matter of the hearing or investigation or does not describe with sufficient particularity the evidence which is required to be produced.
History: L. 2004, ch. 57, § 2; July 1.
History: L. 1913, ch. 292, § 2; R.S. 1923, 74-1801; L. 1927, ch. 244, § 4; Repealed, L. 1939, ch. 241, § 20; July 1.
History: L. 1913, ch. 292, § 3; R.S. 1923, 74-1802; Repealed, L. 1939, ch. 241, § 20; July 7.
History: L. 1913, ch. 292, § 4; R.S. 1923, 74-1803; L. 1927, ch. 244, § 5; L. 1933, ch. 224, § 3; Repealed, L. 1939, ch. 241, § 20; July 1.
History: L. 1913, ch. 292, § 5; R.S. 1923, 74-1804; L. 1927, ch. 244, § 6; Repealed, L. 1939, ch. 241, § 20; July 1.
History: L. 1939, ch. 241, § 16; L. 1961, ch. 379, § 1; L. 1967, ch. 434, § 30; L. 1975, ch. 462, § 110; L. 1978, ch. 308, § 59; L. 1981, ch. 248, § 8; L. 1989, ch. 195, § 9; Repealed, L. 1991, ch. 191, § 4; July 1.
(a) There is hereby created the Kansas board of barbering which board shall be composed of five members to be appointed by the governor. Four members of the board shall be barbers and one member of the board shall represent the general public. Each member of the board, except the members who are appointed to represent the general public, shall have had experience as a practical barber for at least five years immediately prior to appointment. Each member of the board, before entering upon the member's duties shall take the oath provided by law for public officers. One member of the board shall be appointed each year for a term of three years, and shall hold office until a successor is appointed and qualified.
(b) The governor shall designate one member of the board as the chairperson thereof and the member shall hold such position during the member's term of office. Vacancies caused by death, resignation or other causes, shall be filled by appointment as provided for regular appointments, but such appointees shall serve only for the unexpired terms of their predecessors.
The board shall appoint an administrative officer who shall be in the unclassified service of the Kansas civil service act. The administrative officer shall receive an annual salary fixed by the board subject to approval of the governor. The administrative officer shall be treasurer of the board and shall keep a record of its proceedings and perform other duties as directed by the board.
History: L. 1939, ch. 241, § 16; L. 1961, ch. 379, § 1; L. 1967, ch. 434, § 30; L. 1975, ch. 462, § 110; L. 1978, ch. 308, § 59; L. 1981, ch. 248, § 8; L. 1990, ch. 225, § 20; L. 1991, ch. 191, § 3; July 1.
(a) On July 1, 1990, the board of barber examiners shall be and hereby is officially designated as the Kansas board of barbering.
(b) On and after July 1, 1990, when the board of barber examiners or the administrative officer of the board of barber examiners, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall mean and apply to the Kansas board of barbering and to the administrative officer of the Kansas board of barbering.
(c) Nothing in this act shall be construed as abolishing the board of barber examiners or the office of the administrative officer thereof, or as reestablishing the same.
History: L. 1990, ch. 225, § 1; July 1.
(a) Except as provided in subsection (b), the board shall meet immediately after appointment and determine the policies of the board and may conduct any business that may be before such board. Thereafter, the board shall meet as required by law, at times designated by the board and on the call of the administrative officer. The board shall keep a record of all its proceedings and a register of all applicants for licensure and all licensees. Members of the board attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. The board shall adopt rules and regulations for the purpose of carrying out the provisions of this act. The administrative officer, with the approval of the board, shall have authority to employ inspectors and office personnel as may be deemed necessary to administer this act, and shall provide and maintain offices. The inspectors so appointed shall perform all of the inspection duties of the board. All employees of the board shall be within the classified service of the Kansas civil service act, with the exception of the administrative officer, who shall be in the unclassified service.
(b) The chairperson of the board of barbering, with the approval of the board, may enter into an agreement with the chairperson of the board of cosmetology as to which board's inspectors shall inspect a dual-licensed salon and barber shop. Such designated inspectors shall perform all of the inspection duties of both boards, as required by the applicable statutes and rules and regulations of both boards and the sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto. Such designated inspectors shall be trained by both boards as required by the applicable statutes and rules and regulations of both boards.
History: L. 1939, ch. 241, § 17; L. 1947, ch. 397, § 1; L. 1961, ch. 379, § 2; L. 1965, ch. 458, § 27; L. 1967, ch. 443, § 8; L. 1970, ch. 255, § 8; L. 1974, ch. 348, § 54; L. 1974, ch. 253, § 4; L. 1979, ch. 241, § 1; L. 1990, ch. 225, § 21; L. 2014, ch. 63, § 2; July 1.
(a) Upon presentation of proper credentials, any member of the board, the administrative officer or the board's inspectors shall have the authority to enter, inspect and enforce rules and regulations pertaining to barber shops, barber schools or barber colleges at any time during business hours.
(b) The provisions of this section shall not include or apply to an adult care home, as defined in K.S.A. 39-923, and amendments thereto, or a long-term care unit of a medical care facility, as defined in K.S.A. 65-425, and amendments thereto.
History: L. 1939, ch. 241, § 18; L. 1961, ch. 288, § 7; L. 1990, ch. 225, § 22; L. 2023, ch. 40, § 7; July 1.
History: L. 1939, ch. 241, § 19; Repealed, L. 1943, ch. 269, § 28; June 30.
History: L. 1915, ch. 156, § 1; R.S. 1923, 74-1901; Repealed, L. 1941, ch. 358, § 38; June 1.
History: L. 1915, ch. 156, §§ 19, 20; R.S. 1923, 74-1902, 74-1903; Repealed, L. 1941, ch. 358, § 38; June 1.
History: R.S. 1923, 74-1904; Repealed, L. 1941, ch. 358, § 38; June 1.
History: L. 1915, ch. 156, § 21; R.S. 1923, 74-1905; Repealed, L. 1941, ch. 358, § 38; June 1.
History: L. 1927, ch. 255, § 1; L. 1929, ch. 225, § 1; L. 1949, ch. 406, § 1; L. 1967, ch. 434, § 31; L. 1974, ch. 348, § 55; Repealed, L. 1975, ch. 426, § 65; August 15.
History: L. 1917, ch. 264, § 5; R.S. 1923, 74-2002; L. 1929, ch. 225, § 2; L. 1931, ch. 281, § 1; Repealed, L. 1975, ch. 426, § 65; August 15.
History: L. 1927, ch. 255, § 2; L. 1929, ch. 225, § 4; Repealed, L. 1975, ch. 426, § 65; August 15.
History: L. 1927, ch. 255, § 3; L. 1929, ch. 225, § 5; L. 1933, ch. 277, § 1; L. 1937, ch. 329, § 14; L. 1945, ch. 303, § 4; L. 1947, ch. 416, § 4; L. 1951, ch. 436, § 1; L. 1953, ch. 363, § 9; L. 1959, ch. 337, § 12; L. 1963, ch. 419, § 3; L. 1965, ch. 458, § 7; Repealed, L. 1975, ch. 426, § 65; August 15.
History: L. 1927, ch. 255, § 4; L. 1929, ch. 225, § 6; Repealed, L. 1967, ch. 434, § 69; July 1.
History: L. 1927, ch. 255, § 5; L. 1929, ch. 225, § 7; L. 1951, ch. 436, § 2; L. 1953, ch. 367, § 1; L. 1955, ch. 346, § 1; L. 1959, ch. 337, § 13; L. 1961, ch. 380, § 1; L. 1965, ch. 458, § 8; Repealed, L. 1975, ch. 426, § 65; August 15.
Revisor's Note: Later act, see chapter 74, article 21.
History: L. 1933, ch. 283, § 1; L. 1933, ch. 109, § 1 (Special Session); Repealed, L. 1937, ch. 330, § 15; May 1.
History: L. 1933, ch. 283, § 2; L. 1933, ch. 109, § 2 (Special Session); Repealed, L. 1975, ch. 426, § 65; August 15.
Revisor's Note: Later act, see chapter 74, article 21.
History: L. 1933, ch. 283, § 3; Repealed, L. 1937, ch. 330, § 15; May 1.
All of the jurisdiction, rights, powers, duties and authority now vested in or imposed upon the former office of vehicle commissioner are hereby transferred to, vested in and imposed upon the director of vehicles.
History: L. 1939, ch. 299, § 1; L. 1972, ch. 342, § 70; July 1.
(a) It shall be the duty of the division of vehicles of the department of revenue and all officers thereof, and all state, county and city law-enforcement officers of this state, to enforce the provisions of this act []. (b) The secretary of revenue may adopt and enforce rules and regulations and designate such agencies as may be necessary to carry out the provisions of this act []. The director of vehicles shall also provide suitable forms for applications, registration receipts, certificates of title, license number plates and all other forms requisite for the purposes of this act [*].
History: L. 1929, ch. 81, § 3; L. 1937, ch. 72, § 2; L. 1972, ch. 342, § 71; July 1.
(a) (1) All motor vehicle records shall be subject to the provisions of the open records act, except as otherwise provided under the provisions of this section and by K.S.A. 65-2422d and 74-2022, and amendments thereto.
(2) Nothing in this section shall prevent the transmittal of motor vehicle records for the purpose of processing voter registration applications.
(3) As used in this section, "motor vehicle records" means any record that pertains to a motor vehicle drivers' license, motor vehicle certificate of title, motor vehicle registration or identification card issued by the division of vehicles.
(b) All motor vehicle records that relate to the physical or mental condition of any person, have been expunged or are photographs or digital images maintained in connection with the issuance of drivers' licenses shall be confidential and shall not be disclosed except in accordance with a proper judicial order or as otherwise more specifically provided in this section or by other law. Photographs or digital images maintained by the division of vehicles in connection with the issuance of drivers' licenses may be disclosed to any federal, state or local agency, including any court or law enforcement agency, to assist such agency in carrying out the functions required of such governmental agency. In January of each year the division shall report to the house committee on veterans and military regarding the utilization of the provisions of this subsection. Motor vehicle records relating to diversion agreements for the purposes of K.S.A. 8-1567, 12-4415 and 22-2908, and amendments thereto, shall be confidential and shall not be disclosed except in accordance with a proper judicial order or by direct computer access to:
(1) A city, county or district attorney, for the purpose of determining a person's eligibility for diversion or to determine the proper charge for a violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or any ordinance of a city or resolution of a county in this state which prohibits any acts prohibited by those statutes;
(2) a municipal or district court, for the purpose of using the record in connection with any matter before the court;
(3) a law enforcement agency, for the purpose of supplying the record to a person authorized to obtain it under paragraph (1) or (2); or
(4) an employer when a person is required to retain a commercial driver's license due to the nature of such person's employment.
(c) Lists of persons' names and addresses contained in or derived from motor vehicle records shall not be sold, given or received for the purposes prohibited by K.S.A. 45-230, and amendments thereto, except that:
(1) The director of vehicles may provide to a requesting party, and a requesting party may receive, such a list and accompanying information from motor vehicle records upon written certification that the requesting party shall use the list solely for the purpose of:
(A) Assisting the selective service system in the maintenance of a list of persons 18 to 26 years of age in this state as required under the provisions of section 3 of the federal military selective service act;
(B) assisting businesses with the verification or reporting of information derived from the title and registration records of the division to prepare and assemble vehicle history reports, except that such vehicle history reports shall not include the names or addresses of any current or previous owners;
(C) assisting an employer or an employer's authorized agent in monitoring the driving record of the employees required to drive in the course of employment to ensure driver behavior, performance or safety;
(D) assisting the Kansas office of veterans services in notifying veterans of the facilities, benefits and services available to veterans; or
(E) any other purpose authorized by the driver's privacy protection act, 18 U.S.C. § 2721, as it existed on January 1, 2018.
(2) Any law enforcement agency of this state which has access to motor vehicle records may furnish to a requesting party, and a requesting party may receive, such a list and accompanying information from such records upon written certification that the requesting party shall use the list solely for the purpose of assisting an insurer authorized to do business in this state, or the insurer's authorized agent, in processing an application for, or renewal or cancellation of, a motor vehicle liability insurance policy.
(d) If a law enforcement agency of this state furnishes information to a requesting party pursuant to subsection (c)(2), the law enforcement agency shall charge the fee prescribed by the secretary of revenue pursuant to K.S.A. 74-2022, and amendments thereto, for any copies furnished and may charge an additional fee to be retained by the law enforcement agency to cover its cost of providing such copies. The fee prescribed pursuant to K.S.A. 74-2022, and amendments thereto, shall be paid monthly to the secretary of revenue and upon receipt thereof shall be deposited in the state treasury to the credit of the electronic databases fee fund, except for the $1 of the fee for each record required to be credited to the highway patrol training center fund under subsection (f).
(e) The secretary of revenue, the secretary's agents or employees, the director of vehicles or the director's agents or employees shall not be liable for damages caused by any negligent or wrongful act or omission of a law enforcement agency in furnishing any information obtained from motor vehicle records.
(f) A fee in an amount fixed by the secretary of revenue pursuant to K.S.A. 74-2022, and amendments thereto, of not less than $2 for each full or partial motor vehicle record shall be charged by the division, except that the director may charge a lesser fee pursuant to a contract between the secretary of revenue and any person to whom the director is authorized to furnish information under subsection (c)(1), and such fee shall not be less than the cost of production or reproduction of any full or partial motor vehicle record requested. One dollar shall be credited to the highway patrol training center fund for each motor vehicle record provided by the division of vehicles, except for fees charged:
(1) Pursuant to a contract for motor vehicle records authorized by this subsection pertaining to motor vehicle titles or motor vehicle registrations; or
(2) for motor vehicle records authorized for disclosure pursuant to subsection (c)(1)(E) for the purposes of:
(A) Assisting an insurer authorized to do business in this state, or the insurer's authorized agent, in conducting antifraud activities; or
(B) assisting any federal, state or local agency, including any court or law enforcement agency, or any private person acting on behalf of such agencies, in carrying out the functions required of such governmental agency.
(g) The secretary of revenue may adopt such rules and regulations as are necessary to implement the provisions of this section.
History: L. 1929, ch. 81, § 4; L. 1945, ch. 88, § 2; L. 1957, ch. 425, § 1; L. 1961, ch. 381, § 1; L. 1972, ch. 286, § 1; L. 1975, ch. 400, § 1; L. 1978, ch. 347, § 16; L. 1981, ch. 301, § 1; L. 1984, ch. 282, § 1; L. 1985, ch. 79, § 6; L. 1989, ch. 38, § 48; L. 1991, ch. 36, § 22; L. 1992, ch. 2, § 1; L. 1994, ch. 25, § 1; L. 1994, ch. 299, § 4; L. 1995, ch. 62, § 1; L. 1996, ch. 260, § 11; L. 1999, ch. 125, § 20; L. 2001, ch. 74, § 1; L. 2002, ch. 92, § 1; L. 2003, ch. 126, § 3; L. 2005, ch. 128, § 1; L. 2006, ch. 186, § 8; L. 2007, ch. 160, § 14; L. 2007, ch. 195, § 37; L. 2011, ch. 105, § 31; L. 2012, ch. 172, § 37; L. 2013, ch. 74, § 3; L. 2014, ch. 83, § 33; L. 2018, ch. 106, § 34; L. 2019, ch. 45, § 1; L. 2024, ch. 84, § 45; July 1.
Upon application signed by the owner or the owner's agent and payment of a fee of $10 and surrender of the original title together with satisfactory evidence that the lien has been paid, the department is hereby authorized to grant a reissue of a certificate of title showing the vehicle to be clear of any lien.
History: L. 1945, ch. 88, § 3; L. 1972, ch. 287, § 1; L. 1985, ch. 43, § 14; L. 1987, ch. 42, § 6; L. 1993, ch. 176, § 10; L. 1996, ch. 260, § 8; L. 1999, ch. 114, § 9; L. 2002, ch. 134, § 13; L. 2003, ch. 30, § 9; July 1.
Subject to the consent of the state records board, the director of vehicles is authorized to destroy or otherwise dispose of the following records:
(a) Application for title and registration on a motor vehicle, trailer or semitrailer, including motorcycles and motorized bicycles, and the supporting papers in connection with the issuance of titles after microfilming of the same;
(b) applications for reregistration, including applications for lost license plates, except any application for truck or truck tractor registration purchased under quarterly registration when there are unpaid quarterly payment, or payments shall not be destroyed;
(c) dealers' reports for the second preceding year and before;
(d) dealers' applications for the second preceding year and before;
(e) all correspondence;
(f) applications for learner's permits and drivers' licenses that are two years old;
(g) records of stolen and recovered cars three years old;
(h) microfilm containing information relating to applications for reregistration three years after the registration expiration date; and
(i) proration applications, and all correspondence and other papers in the applicant's file over five years old. With the exception of the unpaid quarterly payment registration applications and proration applications, correspondence and other proration papers, the division may at any time microfilm any of the above records and destroy the original.
History: L. 1953, ch. 394, § 1; L. 1957, ch. 426, § 1; L. 1963, ch. 399, § 1; L. 1975, ch. 427, § 236; L. 1985, ch. 43, § 15; July 1.
Within the division of vehicles, there shall be a supervisor of driver's license examiners and such driver's license examiners as may be needed. The supervisor and all such driver's license examiners shall be within the classified service under the Kansas civil service act, except as otherwise provided by the provisions of K.S.A. 75-2935(1)(x) or (1)(cc), and amendments thereto. Any person employed by a third party who has entered into a contract with the department of revenue pursuant to K.S.A. 8-129, and amendments thereto, to provide services of a driver's license examiner shall not be required to be within the classified service under the Kansas civil service act. Such driver's license examiners shall make and conduct all examinations of applicants for operator's and chauffeur's licenses required by law, and shall exercise and enforce the licensing provisions of the operator's and chauffeur's licensing act, and shall perform such other duties as may be prescribed by law or by the director of vehicles. All such driver's license examiners are hereby vested with the power and authority of peace and police officers in the execution of the duties imposed upon them by this act and by the director of vehicles. The director of vehicles shall determine what, if any, vehicles, equipment and supplies, and insignia of office are needed by driver's license examiners. The property so determined to be needed shall be furnished without expense to such examiners. All property so furnished shall remain the property of the state and be strictly accounted for by each driver's license examiner. The secretary of revenue may adopt rules and regulations for the conduct and duties of driver's license examiners.
History: L. 1963, ch. 402, § 4; L. 1972, ch. 342, § 72; L. 2014, ch. 106, § 2; L. 2017, ch. 101, § 2; July 1.
History: L. 1963, ch. 402, § 7; Repealed, L. 1975, ch. 427, § 252; August 15.
History: L. 1968, ch. 30, § 1; L. 1974, ch. 390, § 14; Repealed, L. 1975, ch. 452, § 23; L. 1975, ch. 426, § 65; August 15.
History: L. 1968, ch. 324, § 1; Repealed, L. 1972, ch. 288, § 2; March 24.
History: L. 1968, ch. 324, §§ 2, 3; L. 1969, ch. 366, §§ 1, 2; Repealed, L. 1972, ch. 288, § 2; March 24.
There is hereby created in the state treasury, the VIPS/CAMA technology hardware fund. Moneys credited to the VIPS/CAMA technology hardware fund shall be used by the department of revenue for the purpose of upgrading the VIPS/CAMA hardware for the state or for the counties. All expenditures from the VIPS/CAMA technology hardware fund shall be made in accordance with appropriation acts, upon warrants of the director of account and reports issued pursuant to vouchers approved by the secretary of the department of revenue.
History: L. 1996, ch. 260, § 9; July 1.
(a) The secretary of revenue is hereby authorized to fix, charge and collect fees to provide access to or to furnish copies of data constituting public records in the vehicle information processing system (VIPS), the Kansas computer assisted mass appraisal system (KS CAMA) and other electronic database systems of the department of revenue. All such fees shall be fixed in order to recover all or part of the costs incurred to operate, maintain and improve the specific electronic database system in which the data are stored or maintained, including the costs incurred to provide access to or furnishing copies of such data. The fees fixed pursuant to this section shall not be subject to the provisions of K.S.A. 45-219, and amendments thereto.
(b) There is hereby established in the state treasury the electronic databases fee fund which shall be administered by the secretary of revenue. Except for the amounts of fees required to be deposited to the credit of the division of vehicles operating fund or the highway patrol training center fund pursuant to K.S.A. 74-2012, and amendments thereto, all moneys received for the fees fixed, charged and collected under this section for electronic access to or to furnish electronic copies of public records, including all moneys received under subsection (c) of K.S.A. 74-2012, and amendments thereto, from law enforcement agencies, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the electronic databases fee fund. All moneys credited to the electronic databases fee fund shall be expended for operating expenditures, including expenditures for capital outlay, for the operation, maintenance or improvement of the vehicle information processing system (VIPS), the Kansas computer assisted mass appraisal system (KS CAMA) and other electronic database systems of the department of revenue, including the costs incurred to provide access to or to furnish copies of public records in such database systems. All expenditures from the electronic databases fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of revenue or by a person or persons designated by the secretary.
(c) Except for the amounts of fees that are required to be deposited to the credit of the highway patrol training center fund pursuant to K.S.A. 74-2012, and amendments thereto, all moneys received for the fees fixed, charged and collected under this section for access to or to furnish copies of public records, other than for electronic access to or to furnish electronic copies of public records, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the division of vehicles operating fund or to another special revenue fund of the department of revenue specified by the secretary of revenue.
History: L. 1996, ch. 260, § 10; L. 2001, ch. 5, § 308; July 1.
(a) An annual performance audit of the vehicle information processing system (VIPS) and the Kansas computer assisted mass appraisal system (KS CAMA), at the state and county levels, shall be conducted either by the legislative post auditor or by a firm, as defined by K.S.A. 46-1112, and amendments thereto, under contract with the legislative post auditor in accordance with the provisions of the legislative post audit act. Such audit shall include a review of the operations, maintenance or improvements of the equipment and software of the VIPS and KS CAMA systems. The audit report shall be submitted to the legislature at the commencement of the regular sessions of the legislature held during 1997, 1998 and 1999.
(b) The auditor to conduct the audit work required under this section shall be specified in accordance with K.S.A. 46-1122, and amendments thereto. If the legislative post audit committee specifies under such statute that a firm is to perform such audit, such firm shall be selected and shall perform such audit as provided in K.S.A. 46-1123, and amendments thereto and K.S.A. 46-1125 through 46-1127, and amendments thereto. If the audit work is conducted under contract with a firm, the contract cost of the audit shall be paid by the department of revenue.
History: L. 1996, ch. 260, § 13; July 1.
Revisor's Note: Section transferred to 74-2113.
History: L. 1937, ch. 330, §§ 2, 3; L. 1947, ch. 398, §§ 2, 3; Repealed, L. 1972, ch. 291, § 7; July 1.
History: L. 1937, ch. 330, § 4; Repealed, L. 1955, ch. 347, § 11; April 14.
Revisor's Note: Section transferred to 74-2114.
Revisor's Note: Section transferred to 74-2109.
Revisor's Note: Section transferred to 74-2111.
Revisor's Note: Section transferred to 74-2119.
Revisor's Note: Section transferred to 74-2107.
Revisor's Note: Section transferred to 74-2115.
Revisor's Note: Section transferred to 74-2110.
Revisor's Note: Section transferred to 74-2112.
Revisor's Note: Section transferred to 74-2116.
Revisor's Note: Section transferred to 74-2118.
History: L. 1939, ch. 286, § 2; Repealed, L. 1947, ch. 398, § 7; July 1.
Revisor's Note: Section transferred to 74-2117.
History: L. 1947, ch. 409, § 1; L. 1949, ch. 408, § 1; L. 1955, ch. 347, § 5; L. 1963, ch. 401, § 1; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1947, ch. 409, § 2; L. 1955, ch. 347, § 6; L. 1963, ch. 401, § 2; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1947, ch. 409, § 3; L. 1963, ch. 401, § 3; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1947, ch. 409, § 4; L. 1967, ch. 417, § 1; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1947, ch. 409, § 5; L. 1963, ch. 401, § 4; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1947, ch. 409, § 6; L. 1955, ch. 347, § 7; Repealed, L. 1963, ch. 401, § 10; April 13.
History: L. 1947, ch. 409, § 7; L. 1949, ch. 409, § 1; L. 1955, ch. 347, § 8; L. 1963, ch. 401, § 5; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1947, ch. 409, § 8; L. 1955, ch. 347, § 9; L. 1963, ch. 401, § 6; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1947, ch. 409, §§ 9, 10; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1947, ch. 409, § 11; L. 1963, ch. 401, § 7; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1947, ch. 409, § 12; L. 1955, ch. 347, § 10; L. 1963, ch. 401, § 8; L. 1965, ch. 438, § 1; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1963, ch. 401, § 9; Repealed, L. 1972, ch. 292, § 10; April 1.
History: L. 1949, ch. 104, § 43; L. 1951, ch. 437, § 2; L. 1953, ch. 368, § 3; L. 1957, ch. 427, § 3; L. 1959, ch. 314, § 2; L. 1961, ch. 382, § 3; Repealed, L. 1963, ch. 402, § 8; April 11.
History: L. 1949, ch. 104, §§ 44 to 51; Repealed, L. 1963, ch. 402, § 8; April 11.
Revisor's Note: Later act, see 75-3408 through 75-3410 (now repealed).
History: L. 1917, ch. 237, § 1; R.S. 1923, 74-2101; L. 1931, ch. 282, § 1; Repealed, L. 1955, ch. 348, § 5; July 1.
History: L. 1917, ch. 237, § 2; R.S. 1923, 74-2102; Repealed, L. 1955, ch. 348, § 5; July 1.
History: L. 1923, ch. 27, § 1; R.S. 1923, 74-2103; Repealed, L. 1955, ch. 348, § 5; July 1.
History: L. 1923, ch. 27, § 3; R.S. 1923, 74-2104; L. 1939, ch. 287, § 1; Repealed, L. 1955, ch. 348, § 5; July 1.
(a) (1) The principal function of the Kansas highway patrol shall be enforcement of the traffic and other laws of this state relating to highways, vehicles and drivers of vehicles except as otherwise provided in this subsection (a). The superintendent and members of the highway patrol in performing their duties under this act shall wear badges and uniforms of office. The superintendent may designate members to perform security duties for public officials and other duties as directed by the superintendent. The superintendent may perform duties under this act whether or not wearing a badge and uniform. Such members may serve without uniform and without open display of badges.
(2) The superintendent or the superintendent's designee shall designate the mode of transportation deemed necessary for the purpose of providing security for the governor and the governor's family.
(3) Subject to approval by the federal aviation administration of an exemption from applicable federal aviation administration regulations, when the governor elects to travel by state-owned vehicle or aircraft for political or personal business and the superintendent has not deemed such transportation necessary for the security of the governor or the governor's family, the governor may use such vehicle or aircraft and reimburse the state of Kansas for its use in an amount determined by the secretary of administration.
(b) In addition to the duties otherwise prescribed by law, the superintendent of the highway patrol shall supervise and manage the capitol police. In the supervision and management of the duties of the capitol police in and around the state capitol building, the superintendent of the highway patrol shall advise with the legislative coordinating council.
History: L. 1972, ch. 291, § 1; L. 1976, ch. 394, § 1; L. 1984, ch. 244, § 22; L. 1985, ch. 249, § 1; L. 2001, ch. 172, § 1; L. 2006, ch. 107, § 1; L. 2012, ch. 98, § 1; July 1.
The superintendent of the Kansas highway patrol shall issue orders to the members of the highway patrol and the capitol police specifying duty assignments and limitations upon the duties of the members of the highway patrol and capitol police consistent with the intent of this act and the act of which this section is amendatory.
History: L. 1972, ch. 291, § 2; L. 1976, ch. 394, § 2; L. 2006, ch. 107, § 2; July 1.
The superintendent of the state highway patrol is hereby authorized and empowered to make all necessary rules and regulations for the conduct of the members of the state highway patrol and the capitol police not otherwise prescribed by law.
History: L. 1937, ch. 330, § 9; L. 1976, ch. 394, § 3; L. 2006, ch. 107, § 3; July 1.
(a) The superintendent and members of the Kansas highway patrol are hereby vested with the power and authority of peace, police and law enforcement officers anywhere within this state irrespective of county lines.
(b) In addition to the general power and authority prescribed by subsection (a), the superintendent and members of the Kansas highway patrol are hereby authorized and directed to execute and enforce the laws of this state relating to public and private motor carriers of passengers or property, including any rules and regulations relating to such laws, and shall have the power and authority to require the driver of any motor vehicle owned or operated by any such carrier to stop and submit such vehicle to an inspection to determine compliance with such laws and rules and regulations.
History: L. 1972, ch. 291, § 3; L. 1974, ch. 328, § 1; L. 1988, ch. 266, § 16; July 1.
Any person arrested by a member of the patrol shall forthwith be taken by such patrolman before a court having jurisdiction of the crime whereof such person arrested is charged, and therewith dealt with according to law.
History: L. 1937, ch. 330, § 6; May 1.
It shall be the duty of the operator or driver of any vehicle, pedestrian or rider of any animal traveling upon the highways of the state to stop on signal by any member of the patrol and to obey all reasonable signals and directions in order that traffic may move with safety and dispatch.
History: L. 1937, ch. 330, § 11; L. 1972, ch. 291, § 5; July 1.
The superintendent shall prescribe a distinctive style of uniform for members of the patrol, to be made of such material and of such color as he shall specify and such uniforms shall be purchased at such times as the superintendent shall require. The members of the patrol shall be furnished with such vehicles, uniforms, equipment, arms, ammunition, supplies and insignia of office as the superintendent may deem necessary, all of which shall remain the property of the state and be strictly accounted for by each member of the patrol.
History: L. 1937, ch. 330, § 7; L. 1947, ch. 398, § 5; L. 1953, ch. 375, § 58; L. 1972, ch. 291, § 4; July 1.
History: L. 1937, ch. 330, § 12; L. 1955, ch. 347, § 4; L. 1972, ch. 291, § 6; L. 1975, ch. 427, § 237; Repealed, L. 2012, ch. 98, § 2; July 1.
(a) (1) There is hereby created a Kansas highway patrol. The patrol shall consist of:
(A) A superintendent, who shall have the rank of colonel and who shall have special training and qualifications for the position;
(B) an assistant superintendent, who shall have the rank of lieutenant colonel; and
(C) officers and troopers who are appointed in accordance with appropriation acts and as provided in this section.
(2) The superintendent, assistant superintendent and majors shall be within the unclassified service under the Kansas civil service act. The assistant superintendent shall be appointed by the superintendent from among the members of the patrol, and shall serve at the pleasure of the superintendent. If a person appointed as superintendent, assistant superintendent or major is a member of the patrol when appointed, the person in each case, upon termination of the term as superintendent, assistant superintendent or major, respectively, shall be returned to a rank with permanent status not lower than the rank the person held when appointed as superintendent, assistant superintendent or major. If the rank is filled at that time, a temporary additional position shall be created in the rank until a vacancy occurs in such rank. All other officers, troopers and employees shall be within the classified service under the Kansas civil service act.
(b) The superintendent of the patrol shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and shall receive an annual salary fixed by the governor. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as superintendent shall exercise any power, duty or function as superintendent until confirmed by the senate. The assistant superintendent shall receive an annual salary fixed by the superintendent and approved by the governor.
(c) All other members of the patrol shall be appointed by the superintendent in accordance with appropriation acts and with the Kansas civil service act. No person shall be appointed as an officer of the patrol, other than superintendent, unless the person has had at least five years of service in the patrol as an officer or trooper. No person shall be appointed as a trooper unless the person meets the following requirements:
(1) Is a citizen of the United States;
(2) is at least 21 years of age at the time of appointment;
(3) has not been convicted by any state or the federal government of a crime which is a felony or its equivalent under the uniform code of military justice;
(4) has been fingerprinted pursuant to K.S.A. 2025 Supp. 22-4713, and amendments thereto, and a search of local, state and national fingerprint files has been made to determine whether the applicant has a criminal record;
(5) is the holder of a high school diploma or furnishes evidence of successful completion of an examination indicating an equivalent achievement; and
(6) is free of any physical or mental condition which might adversely affect the applicant's performance of duties as a trooper and whose physical health has been certified by an examining physician appointed by the superintendent.
(d) No member of the patrol shall:
(1) Hold any other elective or appointive commission or office, except:
(A) In the Kansas national guard or in the organized reserve of the United States army, air force or navy;
(B) in the governing body of a municipality:
(i) If the position to be held is appointed; or
(ii) if the position to be held is elected on a nonpartisan basis.
(C) On any appointed board, commission or task force which the superintendent of the highway patrol deems necessary as part of the member's or officer's duties.
(2) Accept any employment or compensation from any licensee of the director of alcoholic beverage control of the department of revenue or from any licensee of the Kansas racing commission or from any officer, director, member or employee of any such licensee.
(3) Accept any employment or compensation for services which require the use of any state-owned equipment provided by the Kansas highway patrol or the wearing of the patrol uniform.
(4) Accept any reward or gift pertaining to the performance of the member's or officer's duties except with the written permission of the superintendent.
(e) For the purposes of this section, the terms "governing body" and "municipality" shall have the meanings ascribed to such terms in K.S.A. 12-105a, and amendments thereto.
History: L. 1937, ch. 330, § 1; L. 1939, ch. 286, § 1; L. 1943, ch. 266, § 1; L. 1945, ch. 305, § 1; L. 1947, ch. 398, § 1; L. 1949, ch. 407, § 1; L. 1953, ch. 368, § 1; L. 1955, ch. 347, § 1; L. 1957, ch. 427, § 1; L. 1959, ch. 314, § 3; L. 1961, ch. 382, § 1; L. 1963, ch. 402, § 5; L. 1963, ch. 400, § 1; L. 1965, ch. 458, § 9; L. 1965, ch. 437, § 1; L. 1967, ch. 443, § 9; L. 1968, ch. 320, § 1; L. 1969, ch. 365, § 1; L. 1970, ch. 310, § 1; L. 1972, ch. 290, § 1; L. 1973, ch. 312, § 1; L. 1974, ch. 361, § 64; L. 1975, ch. 401, § 1; L. 1982, ch. 347, § 32; L. 1984, ch. 283, § 1; L. 1991, ch. 234, § 1; L. 2001, ch. 172, § 3; L. 2008, ch. 121, § 11; L. 2009, ch. 134, § 1; L. 2018, ch. 18, § 1; L. 2024, ch. 15, § 65; L. 2025, ch. 2, § 1; July 1.
(a) The personnel of the Kansas highway patrol shall be paid compensation for their services as determined by the superintendent in accordance with provisions of applicable laws, rules and regulations. Military service of any member of the Kansas highway patrol who leaves or has left the patrol for the purpose of serving in any branch of the armed forces of the United States, during any war or national emergency and who returns to the patrol within 60 days after release therefrom, shall be considered as service with the patrol for the purpose of calculating any longevity pay increase. The governor shall determine when a national emergency exists or has existed.
(b) The salary of each member of the Kansas highway patrol shall be fixed by the superintendent in accordance with the Kansas civil service act. All members of the patrol shall receive their actual and necessary traveling expenses and all salaries shall be paid monthly. The Kansas highway patrol superintendent shall hold office at the pleasure of the governor. The personnel of the Kansas highway patrol other than the superintendent shall serve upon first appointment for a probationary period of one year. The superintendent is authorized to assign any major, captain, lieutenant, sergeant or trooper for duty other than the place to which presently assigned. In such cases, the superintendent shall pay necessary moving expense from moneys appropriated for the Kansas highway patrol from the state general fund and available therefor in accordance with K.S.A. 75-3225.
History: L. 1937, ch. 330, § 5; L. 1941, ch. 343, § 1; L. 1943, ch. 266, § 2; L. 1945, ch. 305, § 2; L. 1947, ch. 398, § 4; L. 1949, ch. 407, § 2; L. 1951, ch. 437, § 1; L. 1953, ch. 368, § 2; L. 1955, ch. 347, § 2; L. 1957, ch. 427, § 2; L. 1959, ch. 314, § 1; L. 1961, ch. 382, § 2; L. 1963, ch. 402, § 6; L. 1963, ch. 400, § 2; L. 1972, ch. 290, § 2; L. 1983, ch. 320, § 18; L. 1994, ch. 274, § 5; L. 1997, ch. 115, § 3; July 1.
The superintendent shall employ, in accordance with appropriation acts and the provisions of the civil service law, such employees as may be required to administer properly the provisions of this act.
History: L. 1937, ch. 330, § 10; L. 1941, ch. 343, § 2; L. 1943, ch. 277, § 6; L. 1955, ch. 347, § 3; L. 1959, ch. 315, § 1; L. 1975, ch. 401, § 3; July 1.
History: L. 1937, ch. 330, § 13; L. 1945, ch. 257, § 2; L. 1983, ch. 320, § 19; Repealed, L. 2012, ch. 98, § 2; July 1.
The superintendent of the state highway patrol for and on behalf of the patrol is authorized and empowered to enter into any and all necessary agreements with any federal department or federal agency and to do and perform all acts required of the highway patrol to obtain all benefits under the terms and provisions of any federal legislation. All moneys received by the state highway patrol pursuant to any agreement entered into in accordance with the provisions of this act shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state highway patrol federal fund, which fund is hereby created, and said fund shall be used for the purposes for which the moneys were granted.
History: L. 1957, ch. 428, § 1; L. 2001, ch. 5, § 309; July 1.
When making inspection and reports required by law to be made, it shall be the duty of the state highway patrol to forward to the proper boards, bureaus and officers true and correct copies of such reports, and when such reports are so received by the respective boards, bureaus and officers they shall be considered the same as if made by the inspectors, agents or representatives of their respective departments.
History: L. 1937, ch. 330, § 14; May 1.
History: L. 1937, ch. 330, § 8; Repealed, L. 2012, ch. 98, § 2; July 1.
History: L. 1974, ch. 327, §§ 1 to 4; Repealed, L. 1978, ch. 310, § 1; July 1.
(a) Notwithstanding the provisions of the state surplus property act, the superintendent of the Kansas highway patrol may negotiate the sale of retired highway patrol vehicles to political subdivisions of this state or another state under such terms and conditions as may be approved by the superintendent.
(b) All other sales of highway patrol vehicles shall be in accordance with the provisions of K.S.A. 75-6602, and amendments thereto.
(c) The proceeds from all sales of highway patrol vehicles shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas highway patrol motor vehicle fund.
History: L. 1982, ch. 341, § 1; L. 1984, ch. 284, § 1; L. 1987, ch. 341, § 3; L. 1993, ch. 176, § 11; L. 2001, ch. 5, § 310; July 1.
History: L. 1983, ch. 320, § 17; Repealed, L. 2012, ch. 98, § 2; July 1.
Revisor's Note: Later act, see 65-6101 et seq.
History: L. 1984, ch. 244, §§ 1 to 7; Repealed, L. 1988, ch. 261, § 48; April 14.
History: L. 1989, ch. 256, § 1; Repealed, L. 2012, ch. 98, § 2; July 1.
There is hereby created in the state treasury the highway patrol training center fund. All moneys credited to such fund under the provisions of this act or any other law shall be expended only for the purpose and in the manner prescribed by law. All expenditures from the highway patrol training center fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the superintendent of the highway patrol or the designee of the superintendent. All moneys received for the highway patrol training center fund shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the highway patrol training center fund.
History: L. 1990, ch. 43, § 11; L. 1991, ch. 36, § 25; L. 2013, ch. 131, § 1; July 1.
The superintendent of the Kansas highway patrol may adopt rules and regulations relating to the manner in which checks for verification of vehicle identification numbers shall be made under K.S.A. 8-116a and amendments thereto. Concerning motor vehicles upon which such checks are made, such rules and regulations may provide for tests and procedures to detect evidence of possible fraud or other improper conduct relating to certificates of title, odometers, other violations of K.S.A. 8-611 and amendments thereto and vehicle identification numbers.
Violation of rules and regulations adopted under this section is a class A misdemeanor.
History: L. 1985, ch. 40, § 1; July 1.
There is hereby created in the state treasury, the Kansas highway patrol motor vehicle fund. Moneys credited to the Kansas highway patrol motor vehicle fund shall be used by the highway patrol for the purchase of highway patrol motor vehicles and for no other purpose. All expenditures from the Kansas highway patrol motor vehicle fund shall be made in accordance with appropriation acts, upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the superintendent of the highway patrol.
History: L. 1993, ch. 176, § 1; July 1.
History: L. 1996, ch. 260, § 12; Repealed, L. 1998, ch. 16, § 1; July 1.
Best practices and policies developed by the Kansas highway patrol relating to security issues shall be made available to offices of all state agencies, regardless of location.
History: L. 2008, ch. 67, § 2; July 1.
(a) There is hereby created in the state treasury, the Kansas highway patrol staffing and training fund. Moneys credited to the Kansas highway patrol staffing and training fund shall be used by the highway patrol for increasing employment and retaining personnel at the highway patrol and for no other purpose. All expenditures from the Kansas highway patrol staffing and training fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the superintendent of the highway patrol.
(b) The moneys credited to the fund created in subsection (a) shall be used for the purposes set forth in this section and for no other governmental purposes. It is the intent of the legislature that the moneys deposited in this fund shall remain intact and inviolate for the purposes set forth in this section.
History: L. 2016, ch. 88, § 1; July 1.
History: L. 1917, ch. 308, § 3; R.S. 1923, 74-2201; Repealed, L. 1968, ch. 111, § 1; July 1.
History: L. 1917, ch. 308, §§ 4, 5, 9; R.S. 1923, 74-2202 to 74-2204; Repealed, L. 1968, ch. 111, § 1; July 1.
History: R.S. 1923, 74-2205; L. 1943, ch. 277, § 7; L. 1949, ch. 410, § 1; L. 1967, ch. 434, § 32; Repealed, L. 1968, ch. 111, § 1; July 1.
History: L. 1917, ch. 308, § 11; R.S. 1923, 74-2206; L. 1933, ch. 278, § 1; Repealed, L. 1968, ch. 111, § 1; July 1.
History: L. 1917, ch. 308, §§ 12, 14; R.S. 1923, 74-2207, 74-2208; Repealed, L. 1968, ch. 111, § 1; July 1.
History: L. 1923, ch. 14, § 1; R.S. 1923, 74-2209; L. 1956, ch. 52, § 21; L. 1957, ch. 431, § 16; L. 1963, ch. 398, § 23; Repealed, L. 1968, ch. 111, § 1; July 1.
History: L. 1889, ch. 235, § 2; R.S. 1923, 74-2301; L. 1929, ch. 255, § 1; L. 1945, ch. 344, § 6; Repealed, L. 1953, ch. 361, § 29; July 1.
History: L. 1889, ch. 235, § 3; R.S. 1923, 74-2302; Repealed, L. 1953, ch. 361, § 29; July 1.
History: L. 1917, ch. 35, § 1; R.S. 1923, 74-2303; L. 1941, ch. 344, § 1; Repealed, L. 1953, ch. 361, § 29; July 1.
History: L. 1889, ch. 235, § 5; R.S. 1923, 74-2304; Repealed, L. 1953, ch. 361, § 29; July 1.
History: L. 1949, ch. 421, § 1; Repealed, L. 1953, ch. 361, § 29; July 1.
History: L. 1929, ch. 260, § 1; L. 1937, ch. 329, § 15; Repealed, L. 1939, ch. 288, § 19; April 17.
History: L. 1929, ch. 260, §§ 2, 3; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1929, ch. 260, § 4; Repealed, L. 1939, ch. 288, § 19; April 17.
History: L. 1929, ch. 260, § 5; Repealed, L. 1939, ch. 288, § 19; April 17.
History: L. 1929, ch. 260, § 7; Repealed, L. 1939, ch. 288, § 19; April 17.
History: L. 1907, ch. 408, §§ 5, 6; R.S. 1923, 74-2404, 74-2405; Repealed, L. 1939, ch. 288, § 19; April 17.
History: L. 1929, ch. 260, § 6; Repealed, L. 1939, ch. 288, § 19; April 17.
History: L. 1907, ch. 408, § 7; R.S. 1923, 74-2406; Repealed, L. 1939, ch. 288, § 19; April 17.
History: L. 1917, ch. 319, § 1; R.S. 1923, 74-2407; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1929, ch. 260, § 8; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1929, ch. 260, § 9; L. 1957, ch. 429, § 15; Repealed, L. 1972, ch. 342, § 120; July 1.
History: L. 1939, ch. 288, § 1; Repealed, L. 1957, ch. 429, § 40; July 1.
Revisor's Note: Later act, see 74-2444.
History: L. 1939, ch. 288, § 2; Repealed, L. 1957, ch. 429, § 40; July 1.
History: L. 1939, ch. 288, § 3; L. 1945, ch. 303, § 5; L. 1949, ch. 411, § 1; L. 1953, ch. 363, § 3; L. 1955, ch. 350, § 1; Repealed, L. 1957, ch. 429, § 40; July 1.
History: L. 1939, ch. 288, § 4; Repealed, L. 1957, ch. 429, § 40; July 1.
History: L. 1939, ch. 288, § 5; Repealed, L. 1957, ch. 429, § 40; July 1.
History: L. 1939, ch. 288, § 6; Repealed, L. 1957, ch. 429, § 40; July 1.
History: L. 1939, ch. 288, §§ 7 to 10; Repealed, L. 1957, ch. 429, § 40; July 1.
History: L. 1939, ch. 288, § 11; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1939, ch. 288, § 12; Repealed, L. 1957, ch. 429, § 40; July 1.
History: L. 1939, ch. 288, § 13; L. 1943, ch. 290, § 13; Repealed, L. 1957, ch. 429, § 40; July 1.
History: L. 1939, ch. 288, § 17; Repealed, L. 1957, ch. 429, § 40; July 1.
(a) The secretary of revenue may make available or furnish to the taxing officials of any other state or the commissioner of internal revenue of the United States or other taxing officials of the federal government, or their authorized representatives, or the director of property valuation, information contained in tax reports, renditions or returns or any audit thereof or the report of any investigation made with respect thereto, filed pursuant to the tax laws. Such information shall not be used for any other purpose than that of the administration of the tax laws of this or another state or of the United States, except that the post auditor shall have access to all such information in accordance with and subject to the provisions of K.S.A. 46-1106(e), and amendments thereto.
(b) Notwithstanding the provisions of this section, the secretary of revenue may:
(1) Communicate to the executive director of the Kansas lottery information as to whether a person, partnership or corporation is current in the filing of all applicable tax returns and in the payment of all taxes, interest and penalties to the state of Kansas, excluding items under formal appeal, for the purpose of determining whether such person, partnership or corporation is eligible to be selected as a lottery retailer; and
(2) communicate to the executive director of the Kansas racing commission information as to whether a person, partnership or corporation has failed to meet any tax obligation to the state of Kansas for the purpose of determining whether such person, partnership or corporation is eligible for a facility owner license or facility manager license pursuant to the Kansas parimutuel racing act.
History: L. 1943, ch. 307, § 1; L. 1957, ch. 429, § 16; L. 1971, ch. 248, § 1; L. 1972, ch. 342, § 73; L. 1977, ch. 186, § 7; L. 1987, ch. 292, § 26; L. 1987, ch. 112, § 38; L. 2018, ch. 89, § 35; July 1, 2019.
History: L. 1943, ch. 290, § 11; Repealed, L. 1957, ch. 429, § 40; July 1.
(a) Orders of the state board of tax appeals on any appeal, in any proceeding under the tax protest, tax grievance or tax exemption statutes or in any other original proceeding before the board shall be rendered and served in accordance with the provisions of the Kansas administrative procedure act. Notwithstanding the provisions of K.S.A.
77-526(g), and amendments thereto, a written summary decision shall be rendered by the board and served within 14 days after the matter was fully submitted to the board unless this period is waived or extended with the written consent of all parties or for good cause shown. Any aggrieved party, within 21 days after service of the board's decision, may request a full and complete opinion be issued by the board in which the board explains its decision. Except as provided in subsection (c)(4), this full opinion shall be served by the board within 90 days of being requested. If the board has not rendered a summary decision or a full and complete opinion within the time periods described in this subsection, and such period has not been waived by the parties nor can the board show good cause for the delay, then the board shall refund any filing fees paid by the taxpayer. Service of orders, decisions and opinions shall be made in accordance with K.S.A.
77-531, and amendments thereto.
(b) Final orders of the board shall be subject to review pursuant to subsection (c) except that the aggrieved party may first file a petition for reconsideration of a full and complete opinion with the board in accordance with the provisions of K.S.A.
77-529, and amendments thereto.
(c) Any action of the board pursuant to this section is subject to review in accordance with the Kansas judicial review act, except that:
(1) The parties to the action for judicial review shall be the same parties as appeared before the board in the administrative proceedings before the board. The board shall not be a party to any action for judicial review of an action of the board.
(2) There is no right to review of any order issued by the board in a no-fund warrant proceeding pursuant to K.S.A.
12-110a,
12-1662
et seq.,
19-2752a,
79-2938,
79-2939
and
79-2951, and amendments thereto, and statutes of a similar character.
(3) In addition to the cost of the preparation of the transcript, the appellant shall pay to the state board of tax appeals the other costs of certifying the record to the reviewing court. Such payment shall be made prior to the transmission of the agency record to the reviewing court.
(4) Appeal of an order of the board shall be to the court of appeals as provided in subsection (c)(4)(A), unless a taxpayer who is a party to the order requests review in district court pursuant to subsection (c)(4)(B).
(A) Any aggrieved party may file a petition for review of the board's order in the court of appeals. For purposes of such an appeal, the board's order shall become final only after the issuance of a full and complete opinion pursuant to subsection (a).
(B) At the election of a taxpayer, any summary decision or full and complete opinion of the board of tax appeals issued after June 30, 2014, may be appealed by filing a petition for review in the district court. Any appeal to the district court shall be a trial de novo. Notwithstanding K.S.A.
77-619, and amendments thereto, the trial de novo shall include an evidentiary hearing at which issues of law and fact shall be determined anew. With regard to any matter properly submitted to the district court relating to the determination of valuation of residential property or real property used for commercial and industrial purposes for taxation purposes or the determination of classification of property for assessment purposes, the county appraiser shall have the duty to initiate the production of evidence to demonstrate, by a preponderance of the evidence, the validity and correctness of such determination. District court review of orders issued by the board relating to the valuation or assessment of property for ad valorem tax purposes or relating to the tax protest shall be conducted by the court of the county in which the property is located, or, if located in more than one county, the court of any county in which any portion of the property is located.
(C) If a taxpayer requests review of a summary decision or full and complete opinion in district court pursuant to subsection (c)(4)(B), the taxpayer shall provide notice to the board as well as the parties. Upon receipt of the notice, the board's jurisdiction shall terminate, notwithstanding any prior request for a full and complete opinion under subsection (a), and the board shall not issue such opinion.
(d) If review of an order of the state board of tax appeals to the court of appeals relating to excise, income or estate taxes, is sought by a person other than the director of taxation, such person shall give bond for costs at the time the petition is filed. The bond shall be in the amount of 125% of the amount of taxes assessed or a lesser amount approved by the court of appeals and shall be conditioned on the petitioner's prosecution of the review without delay and payment of all costs assessed against the petitioner.
(e) Notwithstanding any provisions of K.S.A.
77-531, and amendments thereto, to the contrary, the state board of tax appeals shall serve an order or notice upon the party and the party's attorney of record, if any, by transmitting a copy of the order or notice to the person by electronic means, if such person requested and consented to service by electronic means. For purposes of this subsection, service by electronic means is complete upon transmission.
History: L. 1943, ch. 290, § 12; L. 1957, ch. 429, § 12; L. 1958, ch. 21, § 1 (Special Session); L. 1969, ch. 368, § 1; L. 1971, ch. 249, § 1; L. 1972, ch. 293, § 1; L. 1978, ch. 311, § 1; L. 1980, ch. 236, § 1; L. 1983, ch. 252, § 1; L. 1984, ch. 73, § 3; L. 1986, ch. 318, § 132; L. 1988, ch. 356, § 286; L. 1998, ch. 146, § 3; L. 2008, ch. 109, § 1; L. 2010, ch. 17, § 182; L. 2010, ch. 155, § 23; L. 2014, ch. 141, § 1; L. 2016, ch. 112, § 3; L. 2021, ch. 58, § 4; July 1.
Upon the request of any attorney of the department of revenue the county attorney of any county wherein an appeal is pending under this act shall appear and defend or assist in defending against such appeals on behalf of the state of Kansas and shall be entitled to no additional compensation for such service.
History: L. 1943, ch. 290, § 14; L. 1957, ch. 429, § 17; L. 1972, ch. 342, § 74; July 1.
History: L. 1933, ch. 285, § 8; L. 1972, ch. 342, § 75; Repealed, L. 1989, ch. 163, § 22; July 1.
The director of taxation shall administer the law with reference to the inspections, collections and payment of tax upon gasoline and motor fuel.
History: L. 1933, ch. 285, § 9; L. 1972, ch. 342, § 76; July 1.
History: L. 1933, ch. 285, § 15; L. 1939, ch. 288, § 16; Repealed, L. 1957, ch. 429, § 40; July 1.
History: L. 1957, ch. 429, § 38; Repealed, L. 1959, ch. 316, § 1; June 30.
History: L. 1957, ch. 429, § 39; L. 1959, ch. 317, § 1; Repealed, L. 1972, ch. 342, § 120; July 1.
(a) There is hereby created a state board of tax appeals, referred to in this act as the board. The board shall be composed of three members who shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. For members appointed after June 30, 2014, one of such members shall have been regularly admitted to practice law in the state of Kansas and for a period of at least five years, have engaged in the active practice of law as a lawyer, judge of a court of record or any other court in this state; one of such members shall have engaged in active practice as a certified public accountant for a period of at least five years and one such member shall be a licensed certified general real property appraiser. In addition, the governor shall also appoint a chief hearing officer, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, who, in addition to other duties prescribed by this act, shall serve as a member pro tempore of the board. No successor shall be appointed for any judge of the court of tax appeals appointed before July 1, 2014. Such persons shall continue to serve as members on the board of tax appeals until their terms expire. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed to the board, including the chief hearing officer, shall exercise any power, duty or function as a member of the board until confirmed by the senate. Not more than two members of the board shall be of the same political party. Members of the board, including the chief hearing officer, shall be residents of the state. Subject to the provisions of K.S.A. 75-4315c, and amendments thereto, no more than one member shall be appointed from any one of the congressional districts of Kansas unless, after having exercised due diligence, the governor is unable to find a qualified replacement within 90 days after any vacancy on the board occurs. The members of the board, including the chief hearing officer, shall be selected with special reference to training and experience for duties imposed by this act and shall be individuals with legal, tax, accounting or appraisal training and experience. State board of tax appeals members shall be subject to the supreme court rules of judicial conduct applicable to all judges of the district court. The board shall be bound by the doctrine of stare decisis limited to published decisions of an appellate court. Members of the board, including the chief hearing officer, shall hold office for terms of four years. A member may continue to serve for a period of 180 days after the expiration of the member's term, or until a successor has been appointed and confirmed, whichever is shorter. Except as otherwise provided, such terms of office shall expire on January 15 of the last year of such term. If a vacancy occurs on the board, or in the position for chief hearing officer, the governor shall appoint a successor to fill the vacancy for the unexpired term. Nothing in this section shall be construed to prohibit the governor from reappointing any member of the board, including the chief hearing officer, for additional four-year terms. The governor shall select one of its members to serve as chairperson. The votes of two members shall be required for any final order to be issued by the board. Meetings may be called by the chairperson and shall be called on request of a majority of the members of the board and when otherwise prescribed by statute.
(b) Any member appointed to the state board of tax appeals and the chief hearing officer may be removed by the governor for cause, after public hearing conducted in accordance with the provisions of the Kansas administrative procedure act.
(c) The state board of tax appeals shall appoint, subject to approval by the governor, an executive director of the board, to serve at the pleasure of the board. The executive director shall: (1) Be in the unclassified service under the Kansas civil service act; (2) devote full time to the executive director's assigned duties; (3) receive such compensation as determined by the board, subject to the limitations of appropriations thereof; and (4) have familiarity with the tax appeals process sufficient to fulfill the duties of the office of executive director. The executive director shall perform such other duties as directed by the board.
(d) Appeals decided by the state board of tax appeals shall be made available to the public and shall be published by the board on the board's website within 30 days after the decision has been rendered. The board shall also publish a monthly report that includes all appeals decided that month as well as all appeals which have not yet been decided and are beyond the time limitations as set forth in K.S.A. 74-2426, and amendments thereto. Such report shall be made available to the public and transmitted by the board to the members of the Kansas legislature.
(e) After appointment, members of the state board of tax appeals that are not otherwise a state certified general real property appraiser shall complete the following course requirements: (1) A tested appraisal course of not less than 30 clock hours of instruction consisting of the fundamentals of real property appraisal with an emphasis on the cost and sales approaches to value; (2) a tested appraisal course of not less than 30 clock hours of instruction consisting of the fundamentals of real property appraisal with an emphasis on the income approach to value; (3) a tested appraisal course of not less than 30 clock hours of instruction with an emphasis on mass appraisal; (4) an appraisal course with an emphasis on Kansas property tax laws; (5) an appraisal course on the techniques and procedures for the valuation of state assessed properties with an emphasis on unit valuation; and (6) a tested appraisal course on the techniques and procedures for the valuation of land devoted to agricultural use pursuant to K.S.A. 79-1476, and amendments thereto. Such courses shall be courses approved by the Kansas real estate appraisal board pursuant to K.S.A. 58-4105, and amendments thereto. Any member appointed to the board who is a certified real property appraiser shall only be required to take such educational courses as are required to maintain the appraisal license. The executive director shall adopt rules and regulations prescribing a timetable for the completion of the course requirements and prescribing continued education requirements for members of the board.
(f) The state board of tax appeals shall have no capacity or power to sue or be sued.
(g) It is the intent of the legislature that proceedings in front of the board of tax appeals be conducted in a fair and impartial manner and that all taxpayers are entitled to a neutral interpretation of the tax laws of the state of Kansas. The provisions of the tax laws of this state shall be applied impartially to both taxpayers and taxing districts in cases before the board. Valuation appeals before the board shall be decided upon a determination of the fair market value of the fee simple of the property. Nothing in this section shall prohibit a property owner, during a property valuation appeal before the board, from raising arguments regarding classification. Cases before the board shall not be decided upon arguments concerning the shifting of the tax burden or upon any revenue loss or gain which may be experienced by the taxing district.
(h) Notwithstanding any provisions of subsection (a) to the contrary, the governor may appoint a former member in good standing of the board of tax appeals to serve as a member pro tempore of the board for a period not to exceed one year when, after having exercised due diligence, a vacancy on the board exists. Such member pro tempore may exercise any power, duty or function as is necessary to serve as a member of the board. Such member pro tempore shall serve at the pleasure of the governor and receive compensation for each day of actual attendance or work as a member based on a proration of the annual salary provided in K.S.A. 74-2434, and amendments thereto. The provisions of this subsection shall expire on June 30, 2023.
History: L. 1957, ch. 429, § 1; L. 1959, ch. 317, § 2; L. 1969, ch. 369, § 1; L. 1972, ch. 342, § 77; L. 1982, ch. 347, § 33; L. 1986, ch. 287, § 2; L. 1988, ch. 356, § 287; L. 1992, ch. 262, § 9; L. 1995, ch. 241, § 9; L. 1998, ch. 146, § 2; L. 2000, ch. 139, § 1; L. 2003, ch. 147, § 35; L. 2008, ch. 109, § 2; L. 2014, ch. 141, § 2; L. 2015, ch. 51, § 2; L. 2016, ch. 112, § 4; L. 2021, ch. 58, § 5; L. 2021, ch. 115, § 4; July 1.
The state board of tax appeals created by K.S.A. 74-2433, and amendments thereto, is hereby transferred out of the department of revenue and established as an independent agency within the executive branch of state government.
History: L. 1975, ch. 387, § 1; L. 2008, ch. 109, § 3; L. 2014, ch. 141, § 59; July 1.
All budgeting, purchasing and related management functions of the state board of tax appeals shall be administered under the direction and supervision of the state board of tax appeals.
History: L. 1975, ch. 387, § 2; L. 2008, ch. 109, § 4; L. 2014, ch. 141, § 60; July 1.
All vouchers for expenditures from appropriations to or for the state board of tax appeals shall be approved by the chairperson of the state board of tax appeals or a person or persons designated by the chairperson for such purpose.
History: L. 1975, ch. 387, § 3; L. 2008, ch. 109, § 5; L. 2014, ch. 141, § 61; July 1.
All records of and appropriations for the state court of tax appeals shall be transferred to the state board of tax appeals on July 1, 2014.
History: L. 1975, ch. 387, § 4; L. 2008, ch. 109, § 6; L. 2014, ch. 141, § 62; July 1.
The state board of tax appeals created by K.S.A. 74-2433, and amendments thereto, is hereby specifically continued in existence, and it shall have the same powers, functions and duties as were vested by law in it immediately prior to the effective date of this order, except as is herein otherwise specifically provided.
History: L. 1975, ch. 387, § 5; L. 2008, ch. 109, § 7; L. 2014, ch. 141, § 63; July 1.
(a) There shall be a division of the state board of tax appeals known as the small claims and expedited hearings division. Hearing officers appointed by the chief hearing officer shall have authority to hear and decide cases heard in the small claims and expedited hearings division.
(b) The small claims and expedited hearings division shall have jurisdiction over hearing and deciding applications for the refund of protested taxes under the provisions of K.S.A. 79-2005, and amendments thereto, and hearing and deciding appeals from decisions rendered pursuant to the provisions of K.S.A. 79-1448, and amendments thereto, and of article 16 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, with regard to single-family residential property. The filing of an appeal with the small claims and expedited hearings division shall be a prerequisite for filing an appeal with the state board of tax appeals for appeals involving single-family residential property.
(c) At the election of the taxpayer, the small claims and expedited hearings division shall have jurisdiction over: (1) Any appeal of a decision, finding, order or ruling of the director of taxation, except an appeal, finding, order or ruling relating to an assessment issued pursuant to K.S.A. 79-5201 et seq., and amendments thereto, in which the amount of tax in controversy does not exceed $15,000; (2) hearing and deciding applications for the refund of protested taxes under the provisions of K.S.A. 79-2005, and amendments thereto, where the value of the property, other than property devoted to agricultural use, is less than $3,000,000 as reflected on the valuation notice; and (3) hearing and deciding appeals from decisions rendered pursuant to the provisions of K.S.A. 79-1448, and amendments thereto, and of article 16 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, other than those relating to land devoted to agricultural use, wherein the value of the property is less than $3,000,000 as reflected on the valuation notice.
(d) In accordance with the provisions of K.S.A. 74-2438, and amendments thereto, any party may elect to appeal any application or decision referenced in subsection (b) to the state board of tax appeals. Except as provided in subsection (b) regarding single-family residential property, the filing of an appeal with the small claims and expedited hearings division shall not be a prerequisite for filing an appeal with the state board of tax appeals under this section. Final decisions of the small claims and expedited hearings division may be appealed to the state board of tax appeals. An appeal of a decision of the small claims and expedited hearings division to the state board of tax appeals shall be de novo. The county bears the burden of proof in any appeal filed by the county pursuant to this section. With regard to any matter properly submitted to the board relating to the determination of valuation of property for taxation purposes pursuant to this subsection, the board shall not increase the appraised valuation of the property to an amount greater than the final determination of appraised value by the county appraiser from which the taxpayer appealed to the small claims and expedited hearings division.
(e) A taxpayer shall commence a proceeding in the small claims and expedited hearings division by filing a notice of appeal in the form prescribed by the rules of the state board of tax appeals which shall state the nature of the taxpayer's claim. The notice of appeal may be signed by the taxpayer, any person with an executed declaration of representative form from the property valuation division of the department of revenue or any person authorized to represent the taxpayer in subsection (f). Notice of appeal shall be provided to the appropriate unit of government named in the notice of appeal by the taxpayer. In any valuation appeal or tax protest commenced pursuant to articles 14 and 20 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, or any appeal from a final determination by the secretary of revenue, the hearing may be conducted by teleconference or video conference as directed by the chief hearing officer or a designee.
(f) The hearing in the small claims and expedited hearings division shall be informal. The hearing officer may hear any testimony and receive any evidence the hearing officer deems necessary or desirable for a just determination of the case. A hearing officer shall have the authority to administer oaths in all matters before the hearing officer. All testimony shall be given under oath. A party may appear personally or may be represented by an attorney, a certified public accountant, a certified general appraiser, a tax representative or agent, a member of the taxpayer's immediate family or an authorized employee of the taxpayer. A county or unified government may be represented by the county appraiser, designee of the county appraiser, county attorney or counselor or other representatives so designated. No transcript of the proceedings shall be kept.
(g) The hearing in the small claims and expedited hearings division shall be conducted within 60 days after the appeal is filed in the small claims and expedited hearings division unless such time period is waived by the taxpayer. A decision shall be rendered by the hearing officer within 30 days after the hearing is concluded and, in cases arising from appeals described by subsections (b) and (c)(2) and (3), shall be accompanied by a written explanation of the reasoning upon which such decision is based. Documents provided by a taxpayer or county or district appraiser shall be returned to the taxpayer or the county or district appraiser by the hearing officer and shall not become a part of the board's permanent records. Documents provided to the hearing officer shall be confidential and may not be disclosed, except as otherwise specifically provided.
(h) With regard to any matter properly submitted to the division relating to the determination of valuation of property for taxation purposes, it shall be the duty of the county appraiser to initiate the production of evidence to demonstrate, by a preponderance of the evidence, the validity and correctness of such determination. No presumption shall exist in favor of the county appraiser with respect to the validity and correctness of such determination. With regard to leased commercial and industrial property, the burden of proof shall be on the taxpayer unless the taxpayer has furnished the county or district appraiser, within 30 calendar days following the informal meeting required by K.S.A. 79-1448, and amendments thereto, or within 30 calendar days following the informal meeting required by K.S.A. 79-2005, and amendments thereto, a complete income and expense statement for the property for the three years next preceding the year of appeal. Such income and expense statement shall be in such format that is regularly maintained by the taxpayer in the ordinary course of the taxpayer's business. If the taxpayer submits a single property appraisal with an effective date of January 1 of the year appealed, the burden of proof shall return to the county appraiser. With regard to any matter properly submitted to the division relating to the determination of valuation of property for taxation purposes, the hearing officer shall not increase the appraised valuation of the property to an amount greater than the final determination of appraised value by the county appraiser from which the taxpayer appealed.
History: L. 1998, ch. 146, § 7; L. 1999, ch. 126, § 7; L. 2000, ch. 139, § 2; L. 2008, ch. 109, § 8; L. 2013, ch. 87, § 11; L. 2014, ch. 141, § 3; L. 2015, ch. 51, § 1; L. 2021, ch. 58, § 6; L. 2024, ch. 81, § 6; July 1.
(a) The hearing officers of the small claims and expedited hearings division shall be appointed by the chief hearing officer of the state board of tax appeals.
(b) Each hearing officer of the small claims and expedited hearings division shall receive compensation in an amount determined by the chairperson and approved by the board.
History: L. 1998, ch. 146, § 8; L. 2008, ch. 109, § 9; L. 2014, ch. 141, § 64; July 1.
(a) Each member of the board, including the chairperson and chief hearing officer, shall receive an annual salary as provided in this section. Each of the members of the board, including the chief hearing officer, shall devote full time to the duties of such office.
(b) For members, including the chief hearing officer, who are appointed prior to July 1, 2014:
(1) The annual salary of the chairperson shall be an amount equal to the annual salary paid by the state to a district judge designated as chief judge; and
(2) the annual salary of each member other than the chairperson, including the chief hearing officer, shall be an amount which is $2,465 less than the annual salary of the chairperson.
(c) For members, including the chief hearing officer, who are not state certified real property appraisers who are appointed after June 30, 2014, the annual salary shall be an amount equal to the annual salary paid by the state to an administrative law judge, except that once such member or chief hearing officer completes the course requirements listed in K.S.A. 74-2433(e), and amendments thereto, then the annual salary shall be an amount which is $2,465 less than the annual salary paid by the state to a district court judge designated as a chief judge.
History: L. 1957, ch. 429, § 2; L. 1961, ch. 409, § 3; L. 1969, ch. 369, § 2; L. 1973, ch. 175, § 62; L. 1974, ch. 361, § 65; L. 1976, ch. 380, § 11; L. 1978, ch. 350, § 4; L. 1981, ch. 30, § 4; L. 1984, ch. 318, § 13; L. 1986, ch. 115, § 102; L. 1999, ch. 57, § 67; L. 2008, ch. 109, § 10; L. 2014, ch. 141, § 4; L. 2015, ch. 51, § 3; May 21.
Within amounts budgeted for it, the state board of tax appeals may appoint such employees as may be necessary, which employees shall be in the classified service of the Kansas civil service act, and may appoint a secretary and attorneys, and such secretary and attorneys shall be in the unclassified service of the Kansas civil service act.
History: L. 1957, ch. 429, § 3; L. 1972, ch. 342, § 78; L. 2008, ch. 109, § 11; L. 2014, ch. 141, § 65; July 1.
The board shall keep an accurate record of its official proceedings, and shall keep a common seal of such design as shall be determined by the board. Copies of records of the board, certified by the secretary and attested with the seal of the board, shall be received in evidence with like effect as copies of other public records. The secretary of the board shall be the custodian of the seal and records and be authorized to affix the seal in all proper cases. The secretary or any member of the board shall have the power to administer oaths in all matters before the board. Two members of the board shall constitute a quorum.
History: L. 1957, ch. 429, § 4; L. 2008, ch. 109, § 12; L. 2014, ch. 141, § 66; July 1.
The state board of tax appeals shall have the following powers and duties:
(a) To hear appeals from the director of taxation and the director of property valuation on rulings and interpretations by said directors, except where different provision is made by law;
(b) to hear appeals from the director of property valuation on the assessment of state assessed property;
(c) to adopt rules and regulations relating to the performance of its duties and particularly with reference to procedure before it on hearings and appeals; and
(d) such other powers as may be prescribed by law.
(e) The powers and duties of the state board of tax appeals shall not include:
(1) Determining who may sign appeals forms;
(2) determining who may represent taxpayers in any matter before the board;
(3) deciding what constitutes the unauthorized practice of law; and
(4) deciding whether or not a contingent fee agreement is a violation of public policy.
(f) The board shall not take any action which would impede any settlement or agreement between the county and the taxpayer or otherwise act or fail to act in such a way as to restrain the county and the taxpayer from reaching a settlement or agreement.
History: L. 1957, ch. 429, § 5; L. 1972, ch. 342, § 79; L. 2008, ch. 109, § 13; L. 2014, ch. 141, § 5; July 1.
The state board of tax appeals shall have the power to summon witnesses from any part of the state to appear and give testimony, and to compel such witnesses to produce records, books, papers and documents relating to any subject matter before the state board of tax appeals, subject to the restrictions of K.S.A. 79-1424, and amendments thereto. Summons, subpoenas and subpoenas duces tecum may be directed to the sheriff of any county and may be made returnable at such time as the board of tax appeals shall determine. No fees shall be charged by the sheriff for service thereof. Witness fees and mileage shall be allowed and may be taxed as costs to either party in the discretion of the board.
History: L. 1959, ch. 331, § 1; L. 2008, ch. 109, § 14; L. 2014, ch. 141, § 67; July 1.
The state board of tax appeals shall have power to issue an order directing depositions of witnesses residing within or without the state, to be taken, upon notice to the interested parties, if any, in like manner that depositions of witnesses are taken in civil actions pending in the district court, in any matter before the board.
History: L. 1959, ch. 331, § 2; L. 2008, ch. 109, § 15; L. 2014, ch. 141, § 68; July 1.
(a) An appeal may be taken to the state board of tax appeals from any finding, ruling, order, decision, final determination or other final action, including action relating to abatement or reduction of penalty and interest, on any case of the secretary of revenue or the secretary's designee by any person aggrieved thereby. Notice of such appeal shall be filed with the secretary of the board within 30 days after such finding, ruling, order, decision, final determination or other action on a case, and a copy served upon the secretary of revenue or the secretary's designee. An appeal may also be taken to the state board of tax appeals at any time when no final determination has been made by the secretary of revenue or the secretary's designee after 270 days has passed since the date of the request for informal conference pursuant to K.S.A. 79-3226, and amendments thereto, and no written agreement by the parties to further extend the time for making such final determination is in effect.
(b) Upon receipt of a timely appeal, the board shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act. The hearing before the board shall be a de novo hearing unless the parties agree to submit the case on the record made before the secretary of revenue or the secretary's designee.
(c) (1) With regard to any matter properly submitted to the board relating to the determination of valuation of residential property or real property used for commercial and industrial purposes for taxation purposes, it shall be the duty of the county or district appraiser to initiate the production of evidence to demonstrate, by a preponderance of the evidence, the validity and correctness of such determination, except that no such duty shall accrue with regard to leased commercial and industrial property unless the property owner has furnished to the county or district appraiser a complete income and expense statement for the property for the three years next preceding the year of appeal. Any appraisal made by the county or district appraiser must be released through the discovery process to the taxpayer, the taxpayer's attorney or the taxpayer's representative. No presumption shall exist in favor of the county or district appraiser with respect to the validity and correctness of such determination. If a taxpayer presents a single property appraisal with an effective date of January 1 of the year appealed which has been conducted by a certified general real property appraiser which determines the subject property's valuation to be less than that determined by a mass real estate appraisal conducted by the county or district appraiser, then the taxpayer's property-specific appraisal shall be accepted into evidence by the board. No interest shall accrue on the amount of the assessment of tax subject to any such appeal beyond 120 days after the date the matter was fully submitted, except that, if a final order is issued within such time period, interest shall continue to accrue until such time as the tax liability is fully satisfied, and if a final order is issued beyond such time period, interest shall recommence to accrue from the date of such order until such time as the tax liability is fully satisfied.
(2) With regard to any matter properly submitted to the board relating to the determination of valuation of real property, if the director of property valuation has developed and adopted methodologies to value such type of property, then it shall be the duty of the county or district appraiser to demonstrate compliance with such methodologies.
History: L. 1957, ch. 429, § 11; L. 1963, ch. 404, § 1; L. 1972, ch. 342, § 80; L. 1987, ch. 293, § 1; L. 1988, ch. 356, § 288; L. 1996, ch. 264, § 10; L. 1997, ch. 126, § 5; L. 1999, ch. 126, § 8; L. 2002, ch. 186, § 3; L. 2008, ch. 109, § 16; L. 2014, ch. 141, § 6; L. 2016, ch. 112, § 5; July 1.
(a) Except as provided in subsection (e), the executive director of the state board of tax appeals shall charge and collect a filing fee, established by rules and regulations adopted by the state board of tax appeals, for any appeal in any proceeding under the tax protest, tax grievance or tax exemption statutes or in any other original proceeding for such board to recover all or part of the costs of processing such actions incurred by the state board of tax appeals.
(b) The COTA filing fee fund is hereby renamed the BOTA filing fee fund.
(c) The executive director of the board of tax appeals shall remit to the state treasurer at least monthly all tax appeal filing fees received by the state board of tax appeals. Upon receipt of any such remittance, the state treasurer shall deposit the amount in the state treasury to the credit of the BOTA filing fee fund.
(d) All expenditures from the BOTA filing fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director of the state board of tax appeals or a person or persons designated by such executive director.
(e) No filing fee of any kind shall be charged by the executive director to:
(1) A taxpayer who has filed an appeal for a previous year that has not been decided by the board and is still pending before the board at the time another appeal is filed for the same parcel;
(2) any taxpayer filing in regard to single-family residential property for a refund of protested taxes under the provisions of K.S.A. 79-2005, and amendments thereto, or an appeal from a decision rendered pursuant to K.S.A. 79-1448, and amendments thereto;
(3) any not-for-profit organization if the valuation of the property that is the subject of the controversy does not exceed $100,000; or
(4) any municipality or political subdivision of the state.
History: L. 2003, ch. 147, § 67; L. 2008, ch. 109, § 17; L. 2014, ch. 141, § 7; L. 2025, ch. 128, § 2; May 8.
Except as otherwise provided by law, the state board of tax appeals shall have the following powers and duties:
(a) Constituting, sitting and acting as the state board of equalization as provided in K.S.A. 79-1409, and amendments thereto;
(b) authorizing the issuance of emergency warrants by taxing districts, as provided in article 29 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, and authorizing the issuance of warrants by cities or counties under statutes of this state;
(c) authorizing increases in tax levies by taxing districts, as provided in article 19 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto;
(d) correcting errors and irregularities under the provisions of article 17 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto; and
(e) hearing and deciding applications for the refund of protested taxes under the provisions of K.S.A. 79-2005, and amendments thereto.
History: L. 1957, ch. 429, § 6; L. 1958, ch. 31, § 2 (Special Session); L. 1959, ch. 372, § 3; L. 1972, ch. 342, § 81; L. 2008, ch. 109, § 18; L. 2014, ch. 141, § 69; July 1.
Revisor's Note: Later act, see 75-5105.
History: L. 1957, ch. 429, § 7; L. 1963, ch. 419, § 4; L. 1965, ch. 458, § 10; L. 1967, ch. 443, § 10; Repealed, L. 1972, ch. 342, § 120; July 1.
Revisor's Note: Section transferred to 75-5105a.
The director of property valuation shall, annually, publish a report of all state assessed property. Such report shall contain the name of the corporation or organization whose property is assessed, with the tangible assessed valuation thereof and shall show the amount of the assessment for the most current year for which information is available, and also for the three (3) years immediately preceding; and such report may contain such additional information as the director of property valuation shall deem pertinent and of public interest.
History: L. 1968, ch. 215, § 1; July 1.
Said annual reports shall be delivered annually, on or before March 1, to the governor, and to the chairmen and the members of the tax committees of the senate and the house of representatives; and the report shall also be made available to all other interested parties.
History: L. 1968, ch. 215, § 2; July 1.
There are hereby transferred to, vested in, and imposed upon, the director of property valuation to be executed and exercised by him, all the jurisdiction, rights, powers, duties and authority now vested in or imposed upon the state commission of revenue and taxation with respect to ad valorem tax administration and the assessment of state assessed property, except such as are specifically transferred to, vested in, and imposed upon, the state board of tax appeals. The state commission of revenue and taxation is hereby abolished.
History: L. 1957, ch. 429, § 9; L. 2008, ch. 109, § 19; L. 2014, ch. 141, § 70; July 1.
History: L. 1957, ch. 429, § 10; L. 1961, ch. 409, § 13; L. 1963, ch. 419, § 5; L. 1965, ch. 458, § 11; Repealed, L. 1972, ch. 342, § 120; July 1.
Any person required by law to furnish two (2) or more bonds to secure the payment of taxes to the state of Kansas may file, in lieu of separate bonds for each type of tax, a master bond to secure the payment of all of said taxes. The secretary of revenue shall adopt rules and regulations prescribing the amount and form of said master bond.
History: L. 1959, ch. 403, § 1; June 30.
The secretary of revenue may provide microfilming and photostating services for elected officials, departments, boards, commissions, and other state agencies.
The secretary of revenue is authorized to establish reasonable fees for such microfilming and photostating services and such fees are to be based upon the cost of labor and materials expended in performing such services and shall also include a factor for the depreciation of equipment. All fees derived from the performance of these services shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of a revolving fund for such services.
The microfilming fund shall be used to repay expenses incurred in providing the microfilming services rendered under this section.
History: L. 1963, ch. 403, § 1; L. 1972, ch. 342, § 83; L. 2001, ch. 5, § 311; July 1.
History: L. 1964, ch. 45, § 1 (Budget Session); Repealed, L. 1972, ch. 332, § 97; July 1.
On July 1, 2014, there are hereby transferred to, vested in, and imposed upon, the state board of tax appeals, all the jurisdiction, rights, powers, duties and authority now vested in or imposed upon the state court of tax appeals. The state court of tax appeals is hereby abolished.
History: L. 2008, ch. 109, § 20; L. 2014, ch. 141, § 71; July 1.
The court of tax appeals shall have the power and duty to hear a petition to change the classification of property as required by K.S.A. 79-262, and amendments thereto, and may issue rules and regulations to implement the provisions of K.S.A. 79-262 and 74-2448, and amendments thereto.
History: L. 2014, ch. 140, § 3; July 1.
History: L. 1907, ch. 388, § 1; L. 1908, ch. 74, § 1; L. 1909, ch. 232, § 3; R.S. 1923, 74-2501; L. 1959, ch. 318, § 1; Repealed, L. 1969, ch. 261, § 26; July 1.
History: L. 1907, ch. 388, § 9; R.S. 1923, 74-2502; L. 1967, ch. 434, § 33; Repealed, L. 1969, ch. 261, § 26; July 1.
History: L. 1907, ch. 388, § 12; L. 1908, ch. 74, § 4; L. 1913, ch. 298, § 2; L. 1919, ch. 287, § 4; R.S. 1923, 74-2503; L. 1959, ch. 318, § 2; Repealed, L. 1969, ch. 261, § 26; July 1.
History: R.S. 1923, 74-2504; Repealed, L. 1969, ch. 261, § 26; July 1.
History: L. 1923, ch. 30, § 1; R.S. 1923, 74-2505; L. 1957, ch. 431, § 17; L. 1963, ch. 398, § 24; Repealed, L. 1969, ch. 261, § 26; July 1.
History: L. 1923, ch. 30, § 3; R.S. 1923, 74-2506; Repealed, L. 1969, ch. 261, § 26; July 1.
History: R.S. 1923, 74-2507; L. 1959, ch. 318, § 3; Repealed, L. 1969, ch. 261, § 26; July 1.
History: L. 1917, ch. 172, §§ 1, 2; R.S. 1923, 74-2601, 74-2602; Repealed, L. 1927, ch. 293, § 6; February 11.
History: L. 1917, ch. 172, § 3; R.S. 1923, 74-2603; Repealed, L. 1949, ch. 404, § 1; June 30.
History: L. 1917, ch. 172, § 10; R.S. 1923, 74-2604; Repealed, L. 1927, ch. 293, § 6; February 11.
History: L. 1955, ch. 356, § 1; L. 1961, ch. 383, § 1; L. 1965, ch. 439, § 1; L. 1970, ch. 312, § 1; L. 1974, ch. 348, § 56; Repealed, L. 1981, ch. 302, § 14; July 1.
The Kansas water authority shall hold regular meetings, not less than one in each calendar quarter year, and it may hold such other meetings as in its judgment may be necessary for the performance of its duties. Although its office shall be in Topeka, the authority may hold its meetings, regular and otherwise, at such times and at such places within the state as may be provided by its rules and regulations.
History: L. 1955, ch. 356, § 2; L. 1965, ch. 439, § 2; L. 1981, ch. 302, § 11; July 1.
History: L. 1955, ch. 356, § 3; L. 1965, ch. 440, § 1; L. 1967, ch. 419, § 1; L. 1968, ch. 262, § 1; Repealed, L. 1981, ch. 302, § 14; July 1.
The Kansas water office shall:
(a) Collect and compile information pertaining to climate, water and soil as related to the usage of water for agricultural, industrial and municipal purposes and the availability of water supplies in the several watersheds of the state, and, in so doing, the office shall collect and compile the information obtainable from other agencies, instrumentalities of the state, political subdivisions of the state and the federal government.
(b) Develop a state plan of water resources management, conservation and development for water planning areas as determined by the office, and cooperate with any agency or instrumentality of the state or federal government now or hereafter engaged in the development of plans or having developed plans affecting any such area of the state.
(c) Develop and maintain guidelines for water conservation plans and practices. Such guidelines shall:
(1) Not prejudicially or unreasonably affect the public interest;
(2) be technologically and economically feasible for each water user to implement;
(3) be designed to curtail the waste of water;
(4) consider the use of other water if the use of freshwater is not necessary;
(5) not require curtailment in water use which will not benefit other water users or the public interest;
(6) not result in the unreasonable deterioration of the quality of the waters of the state;
(7) consider the reasonable needs of the water user at the time;
(8) not conflict with the provisions of the Kansas water appropriation act and the state water planning act;
(9) be limited to practices of water use efficiency except for drought contingency plans for municipal users; and
(10) take into consideration drought contingency plans for municipal and industrial users.
When developing such guidelines, the Kansas water office shall consider existing guidelines of groundwater management districts and the cost to benefit ratio effect of any plan.
(d) The Kansas water office, with the approval of the Kansas water authority, shall establish guidelines as to when conditions indicative of drought exist. When the Kansas water office determines that such conditions exist in an area, it shall so advise the governor and shall recommend the assembling of the governor's drought response team.
History: L. 1955, ch. 356, § 4; L. 1967, ch. 420, § 1; L. 1981, ch. 398, § 11; L. 1981, ch. 302, § 12; L. 1986, ch. 392, § 1; L. 1991, ch. 292, § 2; July 1.
The Kansas water office may:
(a) Seek and accept grants and other financial assistance that the federal government and other public or private sources make available and utilize the same for any purpose which the office is required or authorized to study or make recommendations concerning.
(b) Contract with public agencies or with qualified private persons or agencies to accomplish any purpose which the office is required or authorized to study or make recommendations concerning.
(c) For the purpose of providing public water supply storage in either federally funded or nonfederally funded multipurpose small lakes, acquire water rights under the Kansas water appropriation act.
(d) Authorize the issuance of revenue bonds for the purpose of paying all or part of the cost of acquiring a site, constructing, reconstructing, improving and expanding large reservoir projects or to finance the purchase of storage in existing reservoirs as provided by K.S.A. 82a-1360 to 82a-1368, inclusive.
History: L. 1955, ch. 356, § 5; L. 1961, ch. 384, § 1; L. 1970, ch. 313, § 1; L. 1981, ch. 302, § 13; L. 1985, ch. 342, § 10; L. 1986, ch. 394, § 6; July 1.
The division of water resources of the Kansas department of agriculture and the chief engineer thereof, the state geological survey of the university of Kansas, the director of the agricultural experiment stations of Kansas state university, the chief engineer of the department of health and environment, and all other state and local agencies shall cooperate with and shall make available to the water resources board all facts, records, information and data requested by said board and shall in all ways cooperate with said board in carrying out its duties imposed by this act.
History: L. 1955, ch. 356, § 6; L. 1975, ch. 462, § 111; L. 2004, ch. 101, § 127; July 1.
History: L. 1978, ch. 312, § 1; Repealed, L. 1981, ch. 302, § 14; July 1.
The board may adopt such rules and regulations as it shall deem necessary for the government of the board, its officers and employees and to carry out the provisions of this act.
History: L. 1955, ch. 356, § 7; April 14.
The board is hereby authorized to provide advanced training for its hydrologists, engineers, and other scientific and professional employees at state expense including tuition, fees and salaries and to prescribe such rules and regulations governing such training as is necessary.
History: L. 1968, ch. 262, § 2; July 1.
(a) There is hereby established within the executive branch of government the Kansas water office, which shall be administered under the direction and supervision of the director of the Kansas water office. The director of the Kansas water office shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as director shall exercise any power, duty or function as director until confirmed by the senate. Except as otherwise provided by this section, the director of the Kansas water office shall be in the unclassified service under the Kansas civil service act, shall serve at the pleasure of the governor and shall receive an annual salary fixed by the governor.
(b) All budgeting, purchasing and related management functions of the Kansas water office shall be administered under the direction and supervision of the director of the Kansas water office.
(c) All vouchers for expenditures from appropriations to or for the Kansas water office shall be approved by the director of the Kansas water office or a person or persons designated by the director for such purpose.
(d) The provisions of the Kansas governmental operations accountability law apply to the Kansas water office, and the office is subject to audit, review and evaluation under such law.
History: L. 1981, ch. 302, § 1; L. 1981, ch. 299, § 41; L. 1982, ch. 347, § 34; L. 1988, ch. 331, § 6; L. 1992, ch. 116, § 35; L. 2001, ch. 86, § 6; L. 2008, ch. 121, § 12; July 1.
(a) The director of the Kansas water office, with the consent of the governor, may appoint such employees as deemed necessary to carry out the powers, duties and functions of the Kansas water office and the director of the Kansas water office. Except as provided by subsection (b), all such employees shall be in the classified service of the Kansas civil service act.
(b) Upon a vacancy in the position of assistant director of the Kansas water office or upon a transfer as provided in this subsection, the assistant director of the Kansas water office shall be in the unclassified service of the Kansas civil service act and shall serve at the pleasure of the director of the Kansas water office. Nothing in this subsection shall affect the classified status of the person employed as assistant director of the Kansas water office on the day immediately preceding the effective date of this act unless such person voluntarily transfers to the unclassified service under the Kansas civil service act by submitting a written, signed request for such transfer to the director of the Kansas water office and the director of personnel services of the department of administration as provided in this subsection.
History: L. 1981, ch. 302, § 2; L. 1984, ch. 285, § 1; L. 1998, ch. 22, § 1; L. 2000, ch. 29, § 1; July 1.
History: L. 1984, ch. 285, § 2; Repealed, L. 1998, ch. 22, § 2; July 1.
(a) On July 1, 1981, the state water resources board created by K.S.A. 74-2605, and the office of executive director of the state water resources board created by K.S.A. 74-2607, are hereby abolished.
(b) All of the powers, duties and functions of the existing state water resources board and the existing executive director of the state water resources board are hereby transferred to and conferred and imposed upon the director of the Kansas water office established by this act, except as otherwise provided in this act.
(c) The director of the Kansas water office established by this act shall be the successor in every way to the powers, duties and functions of the state water resources board and the executive director of the state water resources board in which the same were vested prior to the effective date of this act, except as otherwise provided in this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the director of the Kansas water office established by this act shall be deemed to have the same force and effect as if performed by the state water resources board or the executive director of the state water resources board in which such powers, duties and functions were vested prior to the effective date of this act.
(d) Whenever the state water resources board, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the director of the Kansas water office established by this act.
(e) Whenever the executive director of the state water resources board, or words of like effect, is referred to or designated by a statute, contract or other document, such reference shall be deemed to apply to the director of the Kansas water office established by this act.
(f) All rules and regulations of the state water resources board or the executive director of the state water resources board in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the director of the Kansas water office established by this act until revised, amended, revoked or nullified pursuant to law.
(g) All orders and directives of the state water resources board or the executive director of the state water resources board in existence on the effective date of this act shall continue to be effective and shall be deemed to be orders and directives of the director of the Kansas water office established by this act until revised, amended or nullified pursuant to law.
(h) On the effective date of this act, the director of the Kansas water office shall succeed to whatever right, title or interest the state water resources board has acquired in any real property in this state, and the director shall hold the same for and in the name of the state of Kansas. On and after the effective date of this act, whenever any statute, contract, deed or other document concerns the power or authority of the state water resources board to acquire, hold or dispose of real property or any interest therein, the director of the Kansas water office shall succeed to such power or authority.
(i) The director of the Kansas water office established by this act shall be a continuation of the state water resources board and the executive director of the state water resources board, except as otherwise provided in this act.
History: L. 1981, ch. 302, § 3; July 1.
(a) On July 1, 1981, all of the powers and duties of the department of health and environment and the secretary of health and environment relating to water resource planning functions are hereby transferred to and conferred and imposed upon, respectively, the Kansas water office and the director of the Kansas water office established by this act.
(b) The Kansas water office and the director of the Kansas water office shall be the successor in every way, respectively, to the powers and duties of the department of health and environment and the secretary of health and environment relating to water resource planning functions in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the Kansas water office or the director of the Kansas water office shall be deemed to have the same force and effect as if performed by the department of health and environment or the secretary of health and environment, respectively, in which such powers and duties were vested prior to the effective date of this act.
(c) Whenever the department of health and environment, or words of like effect, is referred to or designated by a statute, contract or other document in relation to water resource planning functions, such reference shall be deemed to apply to the Kansas water office established by this act.
(d) Whenever the secretary of health and environment, or words of like effect, is referred to or designated by a statute, contract or other document in relation to water resource planning functions, such reference shall be deemed to apply to the director of the Kansas water office established by this act.
(e) All rules and regulations of the department of health and environment relating to water resource planning functions in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the Kansas water office established by this act until revised, amended, revoked or nullified pursuant to law.
(f) All orders and directives of the department of health and environment or the secretary of health and environment relating to water resource planning functions in existence on the effective date of this act shall continue to be effective and shall be deemed to be orders and directives of the Kansas water office and the director of the Kansas water office established by this act, respectively, until revised, amended or nullified pursuant to law.
(g) On the effective date of this act, the Kansas water office shall succeed to whatever right, title or interest the department of health and environment or the secretary of health and environment has acquired in any real property in this state relating to water resource planning functions, and the office shall hold the same for and in the name of the state of Kansas. On and after the effective date of this act, whenever any statute, contract, deed or other document concerns the power or authority of the department of health and environment or the secretary of health and environment to acquire, hold or dispose of real property or any interest therein relating to water resource planning functions, the Kansas water office shall succeed to such power or authority.
(h) The Kansas water office and the director of the Kansas water office established by this act, respectively, shall be continuations of the water resource planning functions of the department of health and environment and of the secretary of health and environment.
History: L. 1981, ch. 302, § 4; July 1.
On July 1, 1981, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions which are transferred pursuant to the provisions of this act, and who, in the opinion of the director of the Kansas water office, are necessary to perform the powers, duties and functions of the Kansas water office, shall be transferred to, and shall become officers and employees of such office. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer or employee so transferred shall be deemed to have been continuous. All transfers and any abolishments of personnel in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History: L. 1981, ch. 302, § 5; July 1.
(a) On and after the effective date of this act, when any conflict arises as to the disposition of any power, duty or function or the unexpended balance of any appropriation as a result of any transfer made by this act, or under the authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(b) In all cases under the provisions of this act where part or all of the powers, duties and functions of any state agency are divided between the Kansas water office and any other state agency, the Kansas water office shall succeed to all property and records which were used for or pertain to the performance of the powers, duties and functions transferred to the Kansas water office. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer, attachment or abolition of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, and the decision of the governor shall be final.
History: L. 1981, ch. 302, § 6; July 1.
Except as otherwise provided in this act, the director of the Kansas water office shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the Kansas water office and any agency or offices abolished or transferred under this act.
History: L. 1981, ch. 302, § 7; July 1.
(a) On July 1, 1981, the balance of all funds appropriated and reappropriated to any of the state agencies or offices abolished by this act is hereby transferred to the Kansas water office and shall be used only for the purposes for which the appropriation was originally made.
(b) On July 1, 1981, liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of any state agency or office abolished or transferred by this act shall be assumed and paid by the Kansas water office established by this act.
History: L. 1981, ch. 302, § 8; July 1.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1981, ch. 302, § 9; July 1.
(a) (1) There is hereby established within and as a part of the Kansas water office the Kansas water authority. The authority shall be composed of 24 members, of whom 13 shall be appointed as follows:
(A) One member shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, such person shall not exercise any power, duty or function as a member or chairperson of the water authority until confirmed by the senate. Such member shall serve at the pleasure of the governor and shall be the chairperson of the authority;
(B) except as provided by subsection (b), 10 members shall be appointed by the governor for terms of four years. Of the members appointed under this provision one shall be a representative of large municipal water users, one shall be representative of small municipal water users, one shall be a board member of a western Kansas groundwater management district, one shall be a board member of a central Kansas groundwater management district, one shall be a member of the Kansas association of conservation districts, one shall be representative of industrial water users, one shall be a member of the state association of watershed districts, one shall have a demonstrated background and interest in water use conservation and environmental issues, and two shall be representative of the general public. The member who is representative of large municipal water users shall be appointed from three nominations submitted by the league of Kansas municipalities. The member who is representative of small municipal water users shall be appointed from three nominations submitted by the Kansas rural water district's association. The member who is representative of a western Kansas groundwater management district shall be appointed from three nominations submitted by the presidents of the groundwater management district boards No. 1, 3 and 4. The member who is representative of a central Kansas groundwater management district shall be appointed from three nominations submitted by the presidents of the groundwater management district boards No. 2 and 5. The member who is representative of industrial water users shall be appointed from three nominations submitted by the Kansas association of commerce and industry. The member who is representative of the state association of watershed districts shall be appointed from three nominations submitted by the state association of watershed districts. The member who is representative of the Kansas association of conservation districts shall be appointed from three nominations submitted by the state association of conservation districts. If the governor cannot make an appointment from the original nominations, the nominating authority shall be so advised and, within 30 days thereafter, shall submit three new nominations. Members appointed by the governor shall be selected with special reference to training and experience with respect to the functions of the Kansas water authority, and no more than six of such members shall belong to the same political party;
(C) one member shall be appointed by the president of the senate for a term of two years; and
(D) one member shall be appointed by the speaker of the house of representatives for a term of two years. The state geologist, the state biologist, the chief engineer of the division of water resources of the Kansas department of agriculture, the director of the division of environment of the department of health and environment, the chairperson of the state corporation commission, the secretary of commerce, the director of the Kansas water office, the secretary of wildlife and parks, the administrative officer of the state conservation commission, the secretary of agriculture and the director of the agricultural experiment stations of Kansas state university of agriculture and applied science shall be nonvoting members ex officio of the authority. The director of the Kansas water office shall serve as the secretary of the authority.
(b) A member appointed pursuant to subsection (a)(1)(B) shall be appointed for a term expiring on January 15 of the fourth calendar year following appointment and until a successor is appointed and qualified.
(c) In the case of a vacancy in the appointed membership of the Kansas water authority, the vacancy shall be filled for the unexpired term by appointment in the same manner that the original appointment was made. Appointed members of the authority attending regular or special meetings thereof shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(d) The Kansas water authority shall:
(1) Consult with and be advisory to the governor, the legislature and the director of the Kansas water office.
(2) Review plans for the development, management and use of the water resources of the state by any state or local agency.
(3) Make a study of the laws of this state, other states and the federal government relating to conservation and development of water resources, appropriation of water for beneficial use, flood control, construction of levees, drainage, irrigation, soil conservation, watershed development, stream control, gauging of stream and stream pollution for the purpose of determining the necessity or advisability of the enactment of new or amendatory legislation in this state on such subjects.
(4) Make recommendations to other state agencies and political subdivisions of the state for the coordination of their activities relating to flood control, construction of levees, drainage, irrigation, soil conservation, watershed development, stream control, gauging of stream, stream pollution and groundwater studies.
(5) Make recommendations to each regular session of the legislature and to the governor at such times as the authority considers advisable concerning necessary or advisable legislation relating to any of the matters or subjects that it is required by this act to study for the purpose of making recommendations to the legislature. All such recommendations to the legislature shall be in drafted bill form together with such explanatory information and data as the authority considers advisable.
(6) Approve, prior to submission to the legislature by the Kansas water office or its director:
(A) Any contract entered into pursuant to the state water plan storage act;
(B) any amendments to the state water plan or the state water planning act; and
(C) any other legislation concerning water resources of the state.
(7) Approve, before they become effective, any policy changes proposed by the Kansas water office concerning the pricing of water for sale pursuant to the state water plan storage act.
(8) Approve, before it becomes effective, any agreement entered into with the federal government by the Kansas water office.
(9) Request any agency of the state, which shall have the duty upon that request, to submit its budget estimate pertaining to the state's water resources and any plans or programs related thereto and, upon the authority's receipt of such budget estimate, review and evaluate it and furnish recommendations relating thereto to the governor and the legislature.
(10) Approve, prior to adoption by the director of the Kansas water office, rules and regulations authorized by law to be adopted.
(11) Approve, prior to adoption by the director of the Kansas water office, guidelines for conservation plans and practices developed pursuant to K.S.A. 74-2608(c), and amendments thereto.
(e) The Kansas water authority may appoint citizens' advisory committees to study and advise on any subjects upon which the authority is required or authorized by this act to study or make recommendations.
(f) The provisions of the Kansas governmental operations accountability law apply to the Kansas water authority, and the authority is subject to audit, review and evaluation under such law.
History: L. 1981, ch. 302, § 10; L. 1981, ch. 299, § 42; L. 1982, ch. 347, § 35; L. 1982, ch. 311, § 1; L. 1982, ch. 312, § 4; L. 1986, ch. 396, § 10; L. 1988, ch. 296, § 1; L. 1989, ch. 118, § 180; L. 1990, ch. 276, § 1; L. 1992, ch. 116, § 36; L. 1993, ch. 216, § 1; L. 1995, ch. 241, § 10; L. 2000, ch. 29, § 2; L. 2003, ch. 154, § 27; L. 2004, ch. 101, § 128; L. 2005, ch. 186, § 18; L. 2012, ch. 47, § 92; L. 2023, ch. 7, § 118; July 1.
History: L. 1981, ch. 302, § 10; L. 1981, ch. 299, § 42; L. 1982, ch. 347, § 35; L. 1982, ch. 311, § 1; L. 1982, ch. 312, § 4; L. 1986, ch. 396, § 10; L. 1988, ch. 296, § 1; L. 1989, ch. 118, § 180; L. 1990, ch. 276, § 1; L. 1992, ch. 116, § 36; L. 1993, ch. 216, § 1; L. 1995, ch. 241, § 10; L. 2000, ch. 29, § 2; L. 2003, ch. 154, § 27; L. 2004, ch. 165, § 1; Repealed, L. 2005, ch. 186, § 22; May 12.
(a) The Kansas water authority shall study and develop recommendations related to:
(1) The appropriateness of the procedures and the time required for perfection of water rights and other provisions of and procedures under the Kansas water appropriation act;
(2) siltation rates of public water supply impoundments and reservoirs and the impacts of such siltation on public water supply storage, flood control and recreational opportunities;
(3) aquifer resources, recharge rates, availability of surface water resources and the long-term prospects related to any necessary transition to dryland farming in areas of the state to maintain sustainable yield and minimum streamflow levels;
(4) water conservation plans and programs and means to improve the effectiveness of such plans and programs; and
(5) the potential for competing water needs for at least the next 20 years and means of addressing the competition.
(b) On or before January 8, 2001, the Kansas water authority shall submit to the house standing committee on environment, the senate standing committee on energy and natural resources and the house and senate standing committees on agriculture a report of the authority's findings and recommendations regarding matters studied pursuant to this section.
History: L. 1999, ch. 130, § 15; May 6.
(a) There is hereby created the Kansas state board of cosmetology, the members of which shall be appointed by the governor, to regulate the practice of the profession of cosmetology in Kansas. Not more than four members shall be of the same political party. Three members shall be licensed under the provisions of K.S.A. 65-1901 through 65-1912, and amendments thereto, at least two of whom shall be licensed cosmetologists; one member shall be a licensed permanent color technician and tattoo artist or a licensed body piercer; one member shall be an owner and licensed operator of a tanning facility; one member shall be a person who holds a valid school license issued by the board or a person who is engaged in the day-to-day operation of a school licensed by the board; and two members shall represent the general public interest. If none of the licensed cosmetologist members of the board is an African-American, at least one member representing the general public interest shall be an African-American. No manufacturer, wholesaler or retailer of cosmetic supplies or equipment used by the profession of cosmetology, or any representative of such manufacturer, wholesaler or retailer, shall become a member of the board.
(b) Members of the board serving prior to the effective date of this act may be reappointed as provided in this section. Of the members first appointed to the board on and after the effective date of this act, two members shall be appointed for terms of one year, two members shall be appointed for terms of two years and three members shall be appointed for terms of three years. Thereafter each member of the board shall be appointed for a term of three years, and until a successor is appointed and qualifies. The board shall annually select a chairperson from its membership.
(c) The governor shall appoint an executive director who shall serve at the pleasure of the governor. The executive director shall also be the treasurer of the board and shall keep a record of the proceedings and perform such other duties as the board shall direct.
(d) When a vacancy occurs by death or resignation, appointees to the board shall have the prescribed qualifications. All vacancies in the board shall be filled by the governor for the unexpired terms. The members of the board shall take the oath of office prescribed for public officers before entering upon the discharge of their duties.
History: L. 1927, ch. 245, § 4; L. 1961, ch. 385, § 1; L. 1963, ch. 316, § 4; L. 1967, ch. 434, § 34; L. 1969, ch. 370, § 1; L. 1978, ch. 308, § 60; L. 1981, ch. 249, § 4; L. 1992, ch. 262, § 10; L. 1996, ch. 138, § 16; L. 1998, ch. 160, § 13; L. 2002, ch. 187, § 16; July 1.
(a) The Kansas state board of cosmetology shall meet immediately after appointment and determine policies of the board and conduct any business that may be before such board, and said officers thereafter shall meet as required by law, at times designated by the board and shall also meet on the call of the chairman. The executive director shall not be entitled to vote at such meetings. Said board shall keep a record of its proceedings and a register of the names of applicants for licenses, showing whether the licenses were granted or refused. Said board shall have a seal, and each of said members of said board shall have the authority and be empowered, for all purposes and duties of said board in connection therewith, to administer oaths. The chairman with the approval of the board shall have the power to appoint inspectors who shall perform all of the inspection duties of the board and may employ such additional help as may in his or her judgment be necessary to properly carry out the provisions of this act.
(b) All employees appointed as herein authorized, except the executive director, shall be within the classified service of the Kansas civil service act. The executive director shall be within the unclassified service of the Kansas civil service act and shall receive an annual salary to be fixed by the board, with the approval of the state finance council. Members of the state board of cosmetology attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223.
History: L. 1927, ch. 245, § 5; L. 1933, ch. 279, § 1; L. 1943, ch. 269, § 16; L. 1945, ch. 253, § 3; L. 1951, ch. 361, § 4; L. 1961, ch. 385, § 2; L. 1965, ch. 458, § 12; L. 1967, ch. 443, § 11; L. 1969, ch. 370, § 2; L. 1974, ch. 348, § 57; L. 1975, ch. 322, § 10; July 1.
The Kansas state board of cosmetology may adopt rules and regulations as may be necessary for the administration of matters within the jurisdiction of the board.
History: L. 1969, ch. 370, § 3; L. 1995, ch. 119, § 3; July 1.
It shall be the duty of such board to meet at least twice each year, and at such times and places as it may deem advisable, and shall at such times hold examinations of such applicants as shall have applied for licensure.
History: L. 1927, ch. 245, § 6; L. 1933, ch. 279, § 2; L. 1943, ch. 222, § 9; L. 1998, ch. 160, § 14; May 21.
All fees and payments required to be paid by applicants for examinations or licenses, shall be paid to the executive director of the Kansas state board of cosmetology or the board's designee. The executive director, or the board's designee, shall remit all moneys received from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the cosmetology fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director or by a person or persons designated by the board.
History: L. 1927, ch. 245, § 13; L. 1929, ch. 217, § 2; L. 1956, ch. 52, § 22; L. 1957, ch. 431, § 18; L. 1961, ch. 385, § 3; L. 1963, ch. 398, § 25; L. 1973, ch. 309, § 30; L. 1975, ch. 322, § 11; L. 1998, ch. 160, § 15; L. 2001, ch. 5, § 312; L. 2011, ch. 53, § 47; July 1.
On July 1, 1929, the fiscal year of business of the board of registration for cosmetologists shall, to conform with the fiscal business year of the state, begin with July 1 and end with June 30 of each year thereafter.
History: L. 1929, ch. 217, § 1; March 20.
(a) Not later than January 1, 2003, the secretary of health and environment shall review all rules and regulations related to methods of and procedures for tattooing, permanent color technology and body piercing. Not later than the first day of the 2003 legislative session, the secretary of health and environment shall report the results of the review pursuant to this subsection to the appropriate standing committees of the house and senate.
(b) All rules and regulations of the Kansas state board of cosmetology in effect on the effective date of this act which establish sanitation standards, as defined in K.S.A. 65-1,148, and amendments thereto, for tanning facilities, tattoo facilities, body piercing facilities, permanent color technicians and tattoo artists and persons performing body piercing shall continue to be effective and shall be deemed to be rules and regulations of the secretary of health and environment under K.S.A. 65-1,148, and amendments thereto, until revised, amended, revoked or nullified by the secretary of health and environment, or otherwise, pursuant to law.
History: L. 2002, ch. 187, § 18; July 1.
History: L. 1927, ch. 246, § 3; L. 1961, ch. 386, § 1; Repealed, L. 1975, ch. 323, § 11; July 1.
History: L. 1927, ch. 246, § 8; L. 1973, ch. 309, § 31; L. 1974, ch. 348, § 58; Repealed, L. 1975, ch. 323, § 11; July 1.
History: L. 1929, ch. 33, § 1; Repealed, L. 1973, ch. 309, § 46; July 1.
History: L. 1929, ch. 33, § 2; L. 1956, ch. 52, § 23; L. 1957, ch. 431, § 19; L. 1963, ch. 398, § 26; L. 1973, ch. 309, § 32; Repealed, L. 1975, ch. 323, § 11; July 1.
All of the powers, duties, functions, records, property and personnel of the state podiatry board of examiners are hereby transferred to the state board of healing arts, except as is herein otherwise provided.
History: L. 1975, ch. 390, § 1; July 1.
(a) The state board of healing arts shall be the successor in every way of the powers, duties and functions of the state podiatry board of examiners in which the same were vested prior to the effective date of this order, except as herein otherwise provided.
(b) The state board of healing arts shall be the successor in every way to the powers, duties and functions of the secretary of the state podiatry board of examiners in which the same were vested prior to the effective date of this order, except as herein otherwise provided.
(c) Whenever the state podiatry board of examiners, or the podiatry board of examiners, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state board of healing arts.
(d) Whenever the secretary of the state podiatry board of examiners, or the secretary of the state podiatry board, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state board of healing arts.
(e) All rules and regulations and all orders or directives of the state podiatry board of examiners in existence on the effective date of this order shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the state board of healing arts, until revised, amended, repealed or nullified pursuant to law.
(f) The state podiatry board of examiners established by K.S.A. 74-2801 is hereby abolished.
History: L. 1975, ch. 390, § 2; July 1.
History: L. 1975, ch. 390, § 3; L. 1992, ch. 137, § 2; Repealed, L. 1992, ch. 278, § 1; Repealed, L. 1992, ch. 192, § 17; July 1.
On the effective date of this order, all unexpended balances of appropriations of the state podiatry board of examiners and any moneys remaining in the podiatry fee fund shall be transferred to the healing arts fee fund to be used by the state board of healing arts to carry out the powers, duties and functions transferred to such board by the provisions of this order. The director of accounts and reports shall on the effective date of this order transfer all funds in the podiatry fee fund to the healing arts fee fund.
History: L. 1975, ch. 390, § 4; July 1.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any existing state agency mentioned in this order, or by or against any officer of the state in his or her official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the taking effect of this order. The court may allow any such suit, action, or other proceeding to be maintained by or against the successor of any such existing state agency, or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
History: L. 1975, ch. 390, § 5; July 1.
Effective July 1, 1975, officers and employees who were engaged immediately prior to said date in the performance of powers, duties and functions which are transferred to the state board of healing arts pursuant to the provisions of this order, and who, in the opinion of the state board of healing arts, are necessary to perform the powers, duties and functions transferred to the state board of healing arts pursuant to the provisions of this order shall become officers and employees of the state board of healing arts, and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1975, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service shall be in accordance with civil service laws and rules and regulations adopted hereunder.
History: L. 1975, ch. 390, § 6; July 1.
Whenever any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolishment, transfer, attachment or other change made by this order, or under authority of this order, such conflict shall be resolved by the governor, with the approval of the state finance council, and such decision shall be final.
History: L. 1975, ch. 390, § 7; July 1.
L. 1978, ch. 308, § 61 included by reference. [Provided for appointment of seven members to the state athletic commission. The athletic commission was abolished on July 1, 1979, pursuant to the Kansas sunset law, see 74-7202.]
History: L. 1925, ch. 255, § 1; L. 1973, ch. 314, § 1; L. 1974, ch. 348, § 59; L. 1976, ch. 340, § 1; L. 1978, ch. 313, § 1; L. 1978, ch. 308, § 61; July 1.
L. 1978, ch. 313, § 2 included by reference. [Authorized the athletic commission to supervise and license professional boxing, sparring and wrestling exhibitions (athletic commission abolished, see 74-7202).]
History: L. 1925, ch. 255, § 2; L. 1933, ch. 280, § 1; L. 1956, ch. 52, § 24; L. 1957, ch. 431, § 20; L. 1958, ch. 58, § 1 (Budget Session); L. 1959, ch. 319, § 1; L. 1963, ch. 398, § 27; L. 1973, ch. 309, § 33; L. 1978, ch. 313, § 2; May 12.
L. 1978, ch. 313, § 3 included by reference. [Provided for disposition of moneys received by the athletic commission (athletic commission abolished, see 74-7202).]
History: L. 1973, ch. 309, § 34; L. 1978, ch. 313, § 3; May 12.
L. 1978, ch. 313, § 4 included by reference. [Established requirements for the issuance of licenses to conduct professional boxing, sparring and wrestling exhibitions (athletic commission abolished, see 74-7202).]
History: L. 1925, ch. 255, § 3; L. 1933, ch. 280, § 2; L. 1947, ch. 399, § 1; L. 1978, ch. 313, § 4; May 12.
History: L. 1969, ch. 371, § 1; Repealed, L. 1976, ch. 340, § 4; July 1.
History: L. 1969, ch. 371, § 2; L. 1974, ch. 348, § 60; L. 1975, ch. 416, § 10; Repealed, L. 1976, ch. 340, § 4; July 1.
History: L. 1969, ch. 371, § 3; Repealed, L. 1976, ch. 340, § 4; July 1.
(a) There is hereby created the state of Kansas sports hall of fame board of trustees, hereinafter referred to as the board of trustees, which board shall be composed of seven members appointed by the governor.
(b) Upon the expiration of the term of office of any member, a successor shall be appointed for a term of four years. All vacancies in office of members so appointed shall be filled by appointment for the unexpired term of the member creating the vacancy.
(c) The board of trustees shall organize annually by electing one of its members as chairperson and one as vice-chairperson. Meetings of the board of trustees shall be held upon call of the chairperson, or may be called by a majority of the board of trustees.
(d) The board of trustees shall have such powers and duties as are provided by law. Members of the board of trustees attending meetings of such board of trustees, or attending a subcommittee meeting thereof authorized by such board of trustees, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.
(e) The board of trustees may employ such professional and clerical personnel, on a part-time or full-time basis, as may be necessary in its judgment, and all such personnel shall be in the classified service under the Kansas civil service act.
(f) Whenever the Kansas all-sports hall of fame board of trustees, or words of like effect, is referred to or designated by any appropriations act or other act of the legislature, or any statute, contract or other document, such reference or designation shall be deemed to apply to the state of Kansas sports hall of fame board of trustees which is created by this act.
History: L. 1979, ch. 242, § 1; L. 1983, ch. 253, § 1; L. 1986, ch. 289, § 2; L. 1987, ch. 294, § 1; L. 1989, ch. 229, § 1; L. 1991, ch. 235, § 1; L. 1997, ch. 103, § 1; July 1.
It shall be the duty of the state of Kansas sports hall of fame board of trustees to select Kansas athletes and other persons of athletic stature for induction into the state of Kansas sports hall of fame. The purpose of such selections shall be to honor those persons whose achievements in sports or in connection with sports, including coaches, athletic directors, teachers, sportswriters, sportscasters and athletes who have brought distinction to themselves and to the state of Kansas.
History: L. 1969, ch. 371, § 4; L. 1976, ch. 340, § 2; L. 1979, ch. 242, § 2; L. 1991, ch. 235, § 2; April 25.
(a) The state of Kansas sports hall of fame board of trustees may provide appropriate ceremonies to induct the persons selected pursuant to K.S.A. 74-2907 and amendments thereto into the state of Kansas sports hall of fame or may contract with a private entity to provide such ceremonies. Such induction shall include appropriate awards and certification as the board of trustees deems appropriate.
(b) The entity which provides the induction ceremonies under subsection (a) may fix and charge fees for attendance at the state of Kansas sports hall of fame induction ceremonies in order to recover all or part of the expenses of such induction ceremonies.
History: L. 1969, ch. 371, § 5; L. 1976, ch. 340, § 3; L. 1978, ch. 313, § 5; L. 1979, ch. 242, § 3; L. 1991, ch. 235, § 3; April 25.
(a) The state of Kansas sports hall of fame board of trustees may contract with a private entity for the daily administration of the state of Kansas sports hall of fame in accordance with the terms and conditions of such contract. If a contract is entered into under this subsection, such contract shall provide that the private entity shall provide for an appropriate place for the display of any plaques, trophies, mementoes, awards, photographs and biographical material that may come into its possession which recognizes the achievements of the individual Kansans.
(b) The state of Kansas sports hall of fame board of trustees is further authorized to accept gifts, grants, bequests and gratuities to be used for the state of Kansas sports hall of fame and any such moneys shall be used for the purposes for which given, including the purchase of proper awards, display or exhibit cases and for such other purposes the state of Kansas sports hall of fame board of trustees shall deem proper.
History: L. 1969, ch. 371, § 6; L. 1978, ch. 313, § 6; L. 1979, ch. 242, § 4; L. 1989, ch. 229, § 2; L. 1991, ch. 235, § 4; April 25.
All persons inducted into the Kansas all-sports hall of fame prior to the effective date of this act shall be members of the state of Kansas sports hall of fame under the state of Kansas sports hall of fame board of trustees and all records and property, including photographs, biographical material, plaques and other materials of the Kansas all-sports hall of fame which the board of trustees deems to be appropriate shall remain a part of the state of Kansas sports hall of fame.
History: L. 1969, ch. 371, § 7; L. 1979, ch. 242, § 8; L. 1991, ch. 235, § 5; April 25.
The state of Kansas sports hall of fame board of trustees is hereby authorized to adopt rules and regulations necessary for the administration of this act.
History: L. 1969, ch. 371, § 8; L. 1979, ch. 242, § 9; L. 1991, ch. 235, § 6; April 25.
(a) The board of trustees may make expenditures for contracts entered into with private entities, for the maintenance and operating expenditures of the state of Kansas sports hall of fame and the board of trustees, for the expenses of state of Kansas sports hall of fame induction ceremonies, including the actual and necessary expenses of speakers and persons being inducted into the state of Kansas sports hall of fame for their attendance at such induction ceremonies, for official hospitality, for capital improvement projects for remodeling of or for additions or repairs to the state of Kansas sports hall of fame and for such other purposes as may be authorized by law.
(b) All expenditures by the board of trustees of the state of Kansas sports hall of fame shall be exempt from competitive bid procedures under K.S.A. 75-3739 and amendments thereto.
(c) On July 1, 1997, the director of accounts and reports shall transfer all moneys in the state of Kansas sports hall of fame fund to the bank account established under this section in accordance with the procedures prescribed by this section therefor. On July 1, 1997, all liabilities of the state of Kansas sports hall of fame fund are hereby transferred to and imposed upon such bank account. On July 1, 1997, the state of Kansas sports hall of fame fund is hereby abolished.
(d) The state of Kansas sports hall of fame board of trustees shall deposit all moneys of the state of Kansas sports hall of fame in a bank to the account of the state of Kansas sports hall of fame. Such bank account shall be awarded to a bank located in the county in which the state of Kansas sports hall of fame is located by the pooled money investment board under a written agreement in accordance with procedures for state bank accounts under K.S.A. 75-4217 and amendments thereto and shall be secured by pledge of securities in the manner prescribed for state bank accounts under K.S.A. 75-4218 and amendments thereto and in the amount prescribed for fee agency accounts under that statute. All moneys in such bank account shall be used by the board of trustees of the state of Kansas sports hall of fame in operating and conducting the activities of the state of Kansas sports hall of fame. The board of trustees of the state of Kansas sports hall of fame shall keep and maintain accounting records of receipts, expenditures and other disbursements in accordance with procedures and guidelines approved by the director of accounts and reports therefor. All receipts, accounts, expenditures and other disbursements from the moneys of the state of Kansas sports hall of fame shall be subject to audit in accordance with the legislative post audit act.
History: L. 1979, ch. 242, § 5; L. 1989, ch. 229, § 3; L. 1991, ch. 235, § 7; L. 1996, ch. 253, § 22; L. 1997, ch. 103, § 2; July 1.
History: L. 1979, ch. 242, § 6; L. 1987, ch. 295, § 8; L. 1989, ch. 48, § 91; Repealed, L. 1989, ch. 230, § 1; Repealed, L. 1989, ch. 229, § 4; April 27.
History: L. 1979, ch. 242, § 7; Repealed, L. 1989, ch. 229, § 4; April 27.
History: L. 1986, ch. 289, § 1; L. 1987, ch. 294, § 2; Repealed, L. 1989, ch. 229, § 4; April 27.
(a) Notwithstanding the provisions of K.S.A. 74-5074, and amendments thereto, on July 1, 2002, or as soon thereafter as moneys are available, the secretary of commerce is authorized and directed to loan to the director of the Kansas sports hall of fame $100,000 from the Kansas export loan guarantee fund. The director of the Kansas sports hall of fame is authorized and directed to use any moneys in the Kansas sports hall of fame surcharge fund to provide for the ongoing expenses of the Kansas sports hall of fame. Such loan shall not bear interest. Such loan shall not be deemed to be an indebtedness or debt of the state of Kansas within the meaning of section 6 of article 11 of the constitution of the state of Kansas.
(b) Upon certification by the secretary of commerce and by the director of the Kansas sports hall of fame, the director of accounts and reports shall transfer such amount from the Kansas export loan guarantee fund to the Kansas sports hall of fame surcharge fund.
(c) The loan authorized pursuant to subsection (a) shall be repaid in one payment payable on or before June 30, 2003, of $50,000, and one payment payable on or before June 30, 2004, of $50,000.
(d) The state of Kansas sports hall of fame board of trustees, in consultation with postsecondary educational institutions and the accredited independent institutions, shall develop and implement a voluntary plan to have such institutions participate in the raising of funds for the Kansas sports hall of fame.
(e) Quarterly, during fiscal year 2003 and 2004, the state of Kansas sports hall of fame board of trustees shall submit a report to the chairperson of the legislative budget committee concerning the progress and provisions of this act when the legislature is not in session and the chairperson of the committee on appropriations of the house of representatives and the chairperson of the committee on ways and means of the senate when the legislature is in session.
(f) "Postsecondary educational institution" means Kansas state university, the university of Kansas, Wichita state university, Emporia state university, Fort Hays state university, Pittsburg state university, Washburn university and any community college.
History: L. 2002, ch. 191, § 1; L. 2003, ch. 154, § 28; July 1.
History: L. 1925, ch. 256, §§ 1 to 3; Repealed, L. 1947, ch. 102, § 143; June 30.
(a) There is hereby created a state banking board which shall be composed of nine members. Six members of the board shall be bankers with not less than five years' actual banking experience in a state bank in this state and three shall represent the public interest in the regulation, operation and control of state banks and trust companies. All members representing the public interest shall be selected from the state at large. No nonbanker member shall concurrently serve as an officer or director in any state or national bank or trust company wherever located. One of the nine members shall be elected annually as chairperson of the board. The board shall be appointed by the governor. Persons appointed to the board shall be subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed to the board shall exercise any power, duty or function as a member of the board until confirmed by the senate. No more than five members of the board shall be from the same political party. Subject to the provisions of K.S.A. 75-4315c, and amendments thereto, of the six banker members, the governor shall appoint one from each Kansas congressional district as presently constituted and the remainder from the state at large. Appointment of nonbanker members shall be made with due consideration for achieving representation of the various geographic sectors of the state.
(b) (1) Terms of members of the board shall be for three years. Each member shall serve until a successor is appointed and confirmed. Except as provided in paragraph (2), no person shall serve more than two full three-year terms as a member of the board.
(2) In the event of a vacancy on the board, the governor shall appoint a new member of the same qualification to fill the unexpired term. The mid-term appointment of a new board member to serve an unexpired term created by such a vacancy shall not be considered a full term for purposes of the two-term limit.
History: L. 1947, ch. 102, § 100; L. 1961, ch. 387, § 1; L. 1978, ch. 308, § 62; L. 1981, ch. 299, § 55; L. 1982, ch. 347, § 36; L. 1987, ch. 54, § 13; L. 1992, ch. 262, § 11; L. 1995, ch. 241, § 11; L. 2001, ch. 87, § 15; L. 2017, ch. 7, § 1; July 1.
Members of the state banking board attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223. The commissioner shall act as secretary for said board and shall keep a permanent record of all meetings and proceedings of said board in his office.
History: L. 1947, ch. 102, § 101; L. 1974, ch. 348, § 61; July 1.
(a) The board shall meet once each month, on dates it agrees upon, and shall meet at other times as the board deems necessary or when called by the chairperson or any three members of the board. Six members of the board shall constitute a quorum, and a majority vote of the board shall be necessary to carry any question. No action of the board shall be taken except in a formal meeting and after a favorable vote of a majority of the entire board. The members of the board during business hours shall have free access to all of the records in the office of the commissioner. The board shall act in an advisory capacity in all matters pertaining to the conduct and welfare of the banking department and the administration of the banking laws of this state except as otherwise specifically provided by law.
(b) The board, in accordance with K.S.A. 75-4319 and amendments thereto, may recess for a closed or executive meeting to discuss information deemed confidential by virtue of K.S.A. 9-1712 and amendments thereto.
History: L. 1947, ch. 102, § 102; L. 1995, ch. 75, § 1; July 1.
The savings and loan board created by K.S.A. 74-3113 and amendments thereto is hereby abolished. All of the powers, duties and functions of the existing savings and loan board are hereby transferred to and imposed upon the state banking board established by K.S.A. 74-3004 and amendments thereto.
History: L. 1993, ch. 16, § 2; June 18.
(a) The state banking board shall be the successor in every way to the powers, duties and functions of the savings and loan board in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the state banking board shall be deemed to have the same force and effect as if performed by the savings and loan board in which such powers, duties and functions were vested prior to the effective date of this act.
(b) Whenever the savings and loan board, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state banking board.
(c) All orders and directives of the savings and loan board in existence on the effective date of this act shall continue to be effective and shall be deemed to be orders and directives of the state banking board until revised, amended or nullified pursuant to law.
(d) On and after the effective date of this act, whenever any statute, contract or other document concerns the power or authority of the savings and loan board, the state banking board shall succeed to such power or authority.
History: L. 1993, ch. 16, § 4; June 18.
History: L. 1927, ch. 287, §§ 1 to 3; Repealed, L. 1943, ch. 133, § 216; July 1.
History: L. 1943, ch. 133, § 142; L. 1949, ch. 412, § 1; L. 1955, ch. 351, § 1; L. 1961, ch. 388, § 1; L. 1965, ch. 458, § 13; L. 1967, ch. 443, § 12; L. 1971, ch. 250, § 1; L. 1974, ch. 361, § 66; L. 1978, ch. 330, § 7; L. 1978, ch. 308, § 63; L. 1981, ch. 299, § 56; L. 1982, ch. 347, § 37; Repealed, L. 1993, ch. 16, § 8; June 18.
History: L. 1943, ch. 133, § 143; L. 1949, ch. 423, § 6; Repealed, L. 1993, ch. 16, § 8; June 18.
History: L. 1943, ch. 133, § 144; Repealed, L. 1993, ch. 16, § 8; June 18.
History: L. 1943, ch. 133, § 145; Repealed, L. 1967, ch. 434, § 69; July 1.
History: L. 1943, ch. 133, § 146; L. 1967, ch. 129, § 5; L. 1973, ch. 309, § 35; Repealed, L. 1993, ch. 16, § 8; June 18.
History: L. 1943, ch. 133, §§ 147 to 150; Repealed, L. 1993, ch. 16, § 8; June 18.
History: L. 1943, ch. 133, § 156; L. 1978, ch. 308, § 64; L. 1981, ch. 303, § 2; L. 1981, ch. 299, § 57; L. 1982, ch. 347, § 38; Repealed, L. 1993, ch. 16, § 8; June 18.
History: L. 1943, ch. 133, § 157; L. 1981, ch. 303, § 3; Repealed, L. 1993, ch. 16, § 8; June 18.
History: L. 1943, ch. 133, § 158; L. 1970, ch. 94, § 2; L. 1974, ch. 348, § 62; Repealed, L. 1993, ch. 16, § 8; June 18.
History: L. 1925, ch. 259, § 1; L. 1939, ch. 289, § 1; L. 1982, ch. 347, § 39; L. 1995, ch. 241, § 12; Repealed, L. 1999, ch. 147, § 132; July 1.
(a) This act shall be known and may be cited as the Kansas higher education coordination act.
(b) The purpose of this act is to provide for the general improvement of postsecondary education in the state of Kansas and to provide leadership, supervision and coordination for postsecondary educational institutions so that enhanced accessibility, quality, excellence, accountability, research and service may be achieved in the postsecondary educational system for Kansas residents through the efficient and effective utilization and concentration of all available resources and the elimination of costly and undesirable duplication in program and course offerings, faculties and physical facilities at postsecondary educational institutions.
History: L. 1999, ch. 147, § 1; May 20.
As used in the Kansas higher education coordination act:
(a) "Adult basic education program" and "adult supplementary education program" mean the same as defined in K.S.A. 74-32,253, and amendments thereto.
(b) "Community college" means any community college established under the laws of this state.
(c) "Institute of technology" or "Washburn institute of technology" means the institute of technology at Washburn university.
(d) "Municipal university" means Washburn university of Topeka or any other municipal university established under the laws of this state.
(e) "Postsecondary educational institution" means any public university, municipal university, community college, technical college and institute of technology. "Postsecondary educational institution" includes any entity resulting from the consolidation or affiliation of any two or more of such postsecondary educational institutions.
(f) "Private postsecondary educational institution" and "out-of-state postsecondary educational institution" mean the same as defined in K.S.A. 74-32,163, and amendments thereto.
(g) "Public university" means any state educational institution.
(h) "Representative of a postsecondary educational institution" means any person who is the holder of an associate degree, a bachelor's degree or a certificate of completion awarded by a postsecondary educational institution.
(i) "State board of regents" or "state board" means the state board of regents provided for in the constitution of this state and established by K.S.A. 74-3202a, and amendments thereto, except as otherwise specifically provided in this act.
(j) "State educational institution" means any state educational institution as defined in K.S.A. 76-711, and amendments thereto.
(k) "Technical college" means any technical college established under the laws of this state.
History: L. 1999, ch. 147, § 2; L. 2001, ch. 26, § 1; L. 2002, ch. 188, § 1; L. 2006, ch. 66, § 5; L. 2009, ch. 24, § 25; L. 2011, ch. 97, § 40; L. 2024, ch. 71, § 9; July 1.
History: L. 1925, ch. 259, § 3; L. 1939, ch. 289, § 2; L. 1974, ch. 348, § 63; Repealed, L. 1999, ch. 147, § 132; July 1.
(a) There is established the state board of regents. The state board of regents shall be composed of nine members appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed to the state board of regents shall exercise any power, duty or function as a member of the state board until confirmed by the senate. Each member shall hold office for a term of four years, except as provided in subsection (b) for the first members appointed to the state board, and until a successor is appointed and confirmed. Terms of members shall expire on June 30. No person shall serve more than two terms of office as a member of the state board, except that this limitation shall not include the first term of office of any person appointed and qualified in accordance with subsection (b)(4).
(b) (1) One member of the state board of regents shall be a resident of each congressional district with the remaining members appointed from among all residents of Kansas, except that no two members shall reside in the same county at the time of appointment. Subsequent redistricting of congressional districts shall not disqualify any member of the state board from service for the remainder of the member's term of office.
(2) At no time shall more than five members of the state board of regents be members of the same political party.
(3) At no time shall any person who is an elected official or an officer or employee of any postsecondary educational institution be a member of the state board of regents.
(4) The first members of the state board of regents established under this section shall be appointed by the governor on or before July 1, 1999. Of such members, three shall have a term of office of four years, three shall have a term of office of three years, and three shall have a term of office of two years.
(c) The members of the state board of regents shall meet and organize annually by electing one member as chairperson, except that the governor shall designate the first chairperson of the state board from among the first members appointed.
(d) Members of the state board of regents attending meetings of the state board, or attending a subcommittee meeting thereof authorized by the state board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3212, and amendments thereto, for members of the legislature.
History: L. 1999, ch. 147, § 3; May 20.
The state board of regents shall meet at least quarterly each year in Topeka on dates fixed by the state board. Special meetings may be held upon the call of the chairperson or upon the petition to the chief executive officer of the state board by five members of the board, the date and place of all special meetings to be designated in the call. Five members of the state board shall constitute a quorum for the transaction of business but less than five members may adjourn any regular or special meeting to a definite time and place.
History: L. 1999, ch. 147, § 4; May 20.
(a) In the exercise of its leadership role, the state board of regents shall be an advocate for the provision of adequate resources and sufficient authority for all postsecondary educational institutions so that each postsecondary educational institution can realize, within its prescribed mission, role and scope, its full potential to the benefit of the students who attend such postsecondary educational institution and to the benefit of all Kansas residents in terms of receiving the benefits of a highly educated and vocationally trained populace.
(b) In addition to other duties and functions prescribed by law, the state board of regents shall:
(1) Serve as the representative of the public postsecondary educational system before the governor and the Kansas legislature;
(2) provide statewide planning for higher education and adopt, from time to time amend, revise or modify, and administer a comprehensive plan for coordination of higher education within this state;
(3) determine institutional roles and review institutional missions and goals for each postsecondary educational institution taking into account both institutional needs and the needs of the state's system of higher education as a whole;
(4) develop articulation procedures so that maximum freedom of transfer among and between postsecondary educational institutions is ensured;
(5) develop and implement, in conjunction with the postsecondary educational institutions, a comprehensive plan for coordinating all program offerings by postsecondary educational institutions. The board shall not coordinate program offerings that are specifically developed and entirely paid for by an entity which limits enrollment to a class of individuals who are employees, members or business customers of the entity;
(6) develop a unified budget for state funding of postsecondary educational institutions and present such budget to the governor and the legislature each year and receive and allocate the state funds appropriated for funding of postsecondary educational institutions in accordance with legislative directives, except as provided in subsection (e) of K.S.A. 74-3202d, and amendments thereto;
(7) approve core indicators of quality performance for postsecondary educational institutions after considering core indicators recommended by each such postsecondary educational institution;
(8) resolve conflicts among and between postsecondary educational institutions;
(9) develop and implement a comprehensive plan for the utilization of distance learning technologies;
(10) develop each year and recommend to the governor and the legislature a policy agenda for higher education, which policy agenda shall assess priorities among proposals for policy change, programatic recommendations, and state funding requests;
(11) conduct continuous studies of ways to maximize the utilization of resources available for higher education in Kansas and initiate action for improvement;
(12) conduct continuous studies of how state policies affect higher education and how Kansas economic and demographic trends impact upon accessibility and affordability of postsecondary education to Kansas residents, and initiate ways to improve such accessibility and affordability;
(13) receive and consider reports, proposals and recommendations of the commissions and take such actions thereon as are deemed necessary and appropriate;
(14) report annually on the performance of its functions and duties to the governor and the legislature; and
(15) exercise such other powers and perform such other functions and duties as are deemed necessary and appropriate to the fulfillment of its constitutional and statutory responsibilities.
(c) Notwithstanding any of the powers, duties and functions conferred and imposed upon the state board of regents under the Kansas higher education coordination act, the boards of trustees of the community colleges shall continue to have custody of and be responsible for the property of their respective community colleges and shall be responsible for the operation, management and control of such community colleges, except as otherwise expressly provided by law.
History: L. 1999, ch. 147, § 6; L. 2000, ch. 86, § 5; L. 2001, ch. 94, § 2; L. 2002, ch. 188, § 2; July 1.
(a) During the 2000 fiscal year, the state board of regents (1) shall review the performance indicators developed by the postsecondary educational institutions, including the municipal university; (2) after consideration of the core indicators of quality performance identified by the respective commissions and with the active involvement of the postsecondary educational institutions, shall approve those indicators that the state board determines should be implemented; and (3) shall select from among the indicators approved for implementation those indicators that will become determinants for the allocation of state moneys on the basis of performance. The indicators selected may vary among the postsecondary educational institutions and among institutional sectors and, if feasible, shall include indicators developed and adopted by the governing bodies of each postsecondary educational institution based on the needs of each such postsecondary educational institution.
(b) During the 2001 fiscal year, the postsecondary educational institutions, including the municipal university, shall develop institutional improvement plans showing how they will implement the performance indicators applicable to their institution and how they will measure performance on the basis of each indicator. Institutional improvement plans shall be revised and submitted to the state board of regents by each institution at least every three years. The state board of regents shall provide technical assistance to institutions in the development, implementation, and revision of their improvement plans.
(c) Commencing on July 1, 2001, institutional improvement plans shall be implemented for each postsecondary educational institution, including the municipal university. Each postsecondary educational institution shall begin the data collection, measurement, or other documentation necessary in order for its performance to be evaluated with regard to each indicator.
(d) Commencing on July 1, 2004, the state board shall have authority to review and approve institutional improvement plans, and, on the basis of each plan, shall develop and implement a performance agreement with each postsecondary educational institution. Performance agreements shall incorporate the goals, priorities, policies and mission objectives identified in the institutional improvement plans, and the performance measures, which will be used to demonstrate compliance and progress.
(e) Commencing on July 1, 2005, each postsecondary educational institution's receipt of new state funds shall be contingent on achieving compliance with its performance agreement. As used in this subsection, "new state funds" means that amount of state funds by which the amount received by a postsecondary educational institution for a fiscal year exceeds the amount received by that postsecondary educational institution for the preceding fiscal year. The state board shall determine the amount of new state funds to be received by each postsecondary educational institution, taking into account the postsecondary educational institution's level of compliance with its performance agreement and the funds available for distribution. Any new state funds received by a postsecondary educational institution pursuant to a performance agreement shall be deemed to be part of the state funds received in the preceding fiscal year for the purposes of determining new state funds for the postsecondary educational institution pursuant to a performance agreement for the ensuing fiscal year. If a postsecondary educational institution is not allocated any portion of new state funds in a fiscal year, the new state funds which the institution was eligible to be allocated by the state board in such fiscal year shall be deemed part of the state funds received by such institution in such fiscal year for the purpose of determining such institution's base budget and any new state funds for the ensuing fiscal year. The failure of a postsecondary educational institution to enter a performance agreement with the state board shall prevent that postsecondary educational institution from receiving any new state funds. Any funds designated by the legislature for a specific postsecondary educational institution or purpose shall be exempt from the provisions of this section.
History: L. 1999, ch. 147, § 12; L. 2001, ch. 94, § 3; L. 2002, ch. 188, § 3; July 1.
History: L. 1999, ch. 147, § 131; Repealed, L. 2013, ch. 134, § 28; July 1.
History: L. 1925, ch. 259, § 4; L. 1939, ch. 289, § 3; L. 1943, ch. 276, § 1; L. 1945, ch. 323, § 2; L. 1947, ch. 416, § 5; L. 1949, ch. 413, § 1; L. 1951, ch. 438, § 1; L. 1953, ch. 363, § 4; L. 1955, ch. 352, § 1; L. 1959, ch. 337, § 16; L. 1961, ch. 409, § 4; L. 1965, ch. 441, § 1; Repealed, L. 1999, ch. 147, § 132; July 1.
The state board of regents shall appoint a chief executive officer. The chief executive officer of the state board shall be in the unclassified service under the Kansas civil service act, shall serve at the pleasure of the state board and shall receive a salary fixed by the state board, subject to approval by the governor. The chief executive officer shall attend all meetings of the state board, keep a full and correct record of its proceedings as approved by the state board and shall perform such other duties and functions as the state board may prescribe.
History: L. 1999, ch. 147, § 7; May 20.
History: L. 1925, ch. 259, § 5; L. 1939, ch. 289, § 4; L. 1957, ch. 442, § 7; Repealed, L. 1999, ch. 147, § 132; July 1.
The state treasurer shall be the treasurer of the state board of regents.
History: L. 1999, ch. 147, § 5; May 20.
History: L. 1925, ch. 259, § 8; L. 1939, ch. 289, § 5; Repealed, L. 1999, ch. 147, § 132; July 1.
History: L. 1999, ch. 147, §§ 8 to 10; L. 2002, ch. 188, §§ 4 to 6; Repealed, L. 2009, ch. 24, § 27; July 1.
(a) The commission for higher education coordination shall meet at Topeka at least quarterly in each year on dates fixed by the commission. Special meetings may be held upon the call of the chairperson of the commission or upon petition to the chairperson by the other two members of the commission. The date and place of all special meetings shall be designated in the call. Two members of the commission shall constitute a quorum for the transaction of business but one member may adjourn any regular or special meeting to a definite time and place.
(b) The commission for higher education coordination shall:
(1) Conduct continuous review and evaluation of the comprehensive plan for coordination of higher education and make recommendations as deemed necessary and appropriate for amendment, revision or modification of the plan;
(2) review existing and proposed educational programs, courses of instruction, and program and course locations and make recommendations to the state board with respect to the coordination of such programs, courses and locations;
(3) collect and analyze data and maintain a uniform postsecondary education data base;
(4) formulate recommendations for resolution of conflicts among and between postsecondary educational sectors and institutions;
(5) compile and coordinate core indicators of quality performance for postsecondary educational institutions;
(6) broker affiliations and mergers of postsecondary educational institutions;
(7) coordinate a state system interface with municipal universities and with private colleges and universities;
(8) formulate budget requests for state student financial assistance programs; and
(9) make reports on the performance of its functions and duties together with any proposals and recommendations it may formulate with respect thereto at each regular meeting of the state board.
(c) On June 30, 2003, the provisions of subsection (a) of this section shall expire and shall be of no force and effect. On and after June 30, 2003, the powers and duties of the commission for higher education coordination shall be powers and duties of the state board of regents and the references in subsection (b) to the commission for higher education coordination shall mean the state board of regents. On and after June 30, 2003, the state board shall have authority to establish and organize such commissions, committees, advisory councils or other groups as it shall deem necessary and appropriate to the fulfillment of its constitutional and statutory responsibilities.
History: L. 1999, ch. 147, § 11; L. 2002, ch. 188, § 7; July 1.
The state board of regents is hereby authorized and empowered to accept and hold in trust, grants of money or land for the use of 4-H club camps or camps of other similar organizations in the state, subject to the provisions of this act. Any moneys received by said board shall be deposited in the state treasury in a fund to be designated "the 4-H club camp fund," and shall be held subject to the direction of the legislature. Any such grant of money or land made subject to conditions imposed by the donor or grantor, may be accepted by said board for the purpose of custody only, and if the conditions imposed upon such gift or grant be not accepted by the next regular session of the legislature after the making thereof, said board is authorized and directed to return such gift or grant to the donor or grantor.
History: L. 1945, ch. 312, § 1; June 28.
History: L. 1945, ch. 311, § 1; Repealed, L. 1951, ch. 434, § 1; June 30.
Revisor's Note: Later act, see 76-727.
History: L. 1951, ch. 82, § 1; Repealed, L. 1970, ch. 371, § 19; March 18.
As used in this act:
(a) "Institution" means the university of Kansas, university of Kansas medical center, Kansas state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state university, Fort Hays state university and Kansas state university Salina;
(b) "governing authority" means the state board of regents or the chief executive officer of an institution if such officer has been designated by the state board to act on its behalf in exercising the authority of the board to care for, control, maintain and supervise all roads, streets, driveways and parking facilities for vehicles on the grounds of the institution; and
(c) "vehicle" means motor vehicle, motorized bicycle and bicycle.
History: L. 1957, ch. 484, § 1; L. 1977, ch. 237, § 9; L. 1984, ch. 286, § 1; L. 1988, ch. 297, § 12; L. 1991, ch. 272, § 11; L. 1996, ch. 213, § 1; L. 2016, ch. 5, § 1; L. 2024, ch. 13, § 1; July 1.
(a) All roads, streets, driveways and parking facilities for vehicles on the grounds of each institution shall be under the care, control, maintenance and supervision of the state board of regents. The state board of regents may designate the chief executive officers of the institutions to act on behalf of the state board in exercising the authority provided under this subsection for the care, control, maintenance and supervision of all roads, streets, driveways and parking facilities for vehicles on the grounds of the institutions.
(b) No vehicle, whether privately or publicly owned, may be parked upon institution parking facilities except as authorized by the governing authority of the institution. The governing authority of an institution is authorized to allocate and designate parking areas on the grounds of the institution and may issue permits to use such parking areas to its officers or employees and to the students attending such institution; to allocate parking areas to those persons having business appointments or to guests of such institution; and to fix such fees for misuse of such parking areas by the officers, employees or students attending such institution and by all other persons parking a vehicle at such institution, as shall be established by rules and policies. Any vehicle parked upon any of the parking facilities of an institution without the permission of the governing authority of the institution or the authorized institution agents shall be deemed a common nuisance, and the governing authority shall provide for the abatement of such nuisance by adoption of rules and policies relating to the removal and impounding of such vehicle. The cost of such abatement and removal and impounding shall be a lien against the vehicle until paid by the owner or the owner's representative.
History: L. 1957, ch. 484, § 2; L. 1984, ch. 286, § 2; L. 1996, ch. 213, § 2; July 1.
History: L. 1983, ch. 251, § 1; L. 1988, ch. 297, § 13; L. 1991, ch. 272, § 12; Repealed, L. 1996, ch. 213, § 7; July 1.
The governing authority of an institution may adopt and enforce through authorized institution agents rules and policies governing the parking of vehicles upon the roads, streets, driveways and parking facilities of the institution and also rules and policies prescribing speed limits on the roads, streets, driveways and grounds of the institution. The rules and policies prescribing speed limits shall be publicly posted at or on roads, streets, driveways, grounds or parking facilities to which the same are applicable and in the manner prescribed by the governing authority of the institution.
History: L. 1957, ch. 484, § 3; L. 1984, ch. 286, § 3; L. 1996, ch. 213, § 3; July 1.
In those instances where an institution is located within the corporate limits of a city, the governing authority of the institution may agree or consent that ordinances of such city pertaining to parking and traffic regulations on city streets shall apply to all or part of the roads, streets and driveways on the grounds of such institution, and when such agreement or consent has been made or given by the governing authority of the institution, then such city ordinances shall apply to all or part of the roads, streets and driveways of the institution as shall have been designated by the governing authority in the agreement or consent. Persons violating such ordinances shall be subject to prosecution in the municipal court of the city, and summonses may be issued by the city for such violations.
History: L. 1957, ch. 484, § 4; L. 1976, ch. 145, § 236; L. 1977, ch. 105, § 23; L. 1996, ch. 213, § 4; July 1.
The governing authority of an institution may provide for the charging and collection of fees for the use of parking facilities and for campus transportation systems at the institution, and these and all fees for misuse of parking areas so collected shall be placed in a separate account and may be used by the institution for payment of the expense of enforcing the rules and policies governing parking and speed limits and the construction, acquisition, maintenance and repair of parking facilities for vehicles and for campus transportation systems at such institution.
History: L. 1957, ch. 484, § 5; L. 1984, ch. 286, § 4; L. 1996, ch. 213, § 5; L. 1997, ch. 86, § 1; July 1.
History: L. 1957, ch. 484, § 6; L. 1988, ch. 366, § 21; Repealed, L. 1996, ch. 213, § 7; July 1.
Any person, firm, association or corporation which violates any of the provisions of this act or any rule or policy made thereunder shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $25.
History: L. 1957, ch. 484, § 7; L. 1996, ch. 213, § 6; July 1.
All prosecutions commenced for violations of this act shall be brought in a court in the county where the violation occurred which has jurisdiction of misdemeanors committed in said county, and said court shall proceed in such cases as it would in any other criminal matter over which it has jurisdiction.
History: L. 1957, ch. 484, § 8; April 4.
History: L. 1957, ch. 485, § 1; L. 1967, ch. 421, § 1; Repealed, L. 1970, ch. 371, § 19; March 18.
Revisor's Note: Later act, see 76-726.
History: L. 1957, ch. 485, § 2; Repealed, L. 1970, ch. 371, § 19; March 18.
The state board of regents, hereafter called the board, may enter into and implement reciprocal agreements with colleges and universities, hereafter called institutions, located in other states, and with the boards or agencies having control and supervision over such institutions, for the mutual utilization of the educational facilities under the control of each of the parties to such reciprocal agreements to the extent hereinafter set forth. Such agreements shall provide that residents of the state of Kansas may be admitted to institutions located in other states, such institutions being under the control of the contracting parties or any of them, for the purpose of pursuing courses of collegiate, graduate, or professional study not offered by any of the institutions under the control of the board and that residents of such other states may be admitted to institutions under the control of the board to pursue courses of collegiate, graduate or professional study not offered by institutions under the control of such other contracting party or parties. The powers herein conferred upon the board shall include but shall not be limited to the following:
(1) To agree that residents of the state of Kansas may matriculate and pursue courses of collegiate, graduate or professional study, not offered at any institution under the control of the board, on such terms and conditions and upon payment of such tuition or fees as are applicable to residents of such other state, subject only to such limitations as may be imposed by agreement of the parties;
(2) To agree that residents of other states, whose institutions are parties to agreements made hereunder, may matriculate and pursue courses of collegiate, graduate or professional study, not offered at institutions under the control of such other contracting party or parties, at institutions under the control of the board upon such terms and conditions and upon payment of such fees as are applicable to residents of the state of Kansas;
(3) To agree upon limitations upon the number of students to be admitted, under the provisions of this act, to institutions under the control of any of the contracting parties;
(4) To agree upon subsidies and other stipends payable by each party to institutions under the control of the other party or parties under the terms of agreements entered into pursuant to this act;
(5) To authorize payment of subsidies and other stipends, within the limits of available appropriations, agreed upon pursuant to clause (4) hereof;
(6) To authorize the acceptance, by institutions under its control, of subsidies and stipends paid by other parties pursuant to agreements made under clause (4) hereof; and
(7) To do such other acts as may be necessary to carry out provisions of agreements entered into pursuant to this act.
History: L. 1963, ch. 436, § 1; June 30.
Any agreement entered into pursuant to this section shall be approved by the attorney general.
History: L. 1963, ch. 436, § 2; L. 2025, ch. 29, § 5; July 1.
(a) The state board of regents may make reciprocal agreements with the authorized officials having control and supervision of one or more universities or colleges located in other states, territories or countries. Any such agreement shall provide that residents of the state of Kansas will be admitted to one or more specified universities or colleges located in such other state, territory or country for the purpose of pursuing courses of collegiate, graduate or professional study and that residents of such other state, territory or country will be admitted to one or more specified institutions under the state board of regents for the same purpose. Any such agreement may provide that residents of the state of Kansas will be admitted to such university or college in such other state, territory or country upon payment of tuition and fees applicable to residents of such other state, territory or country on the condition that like privileges will be granted to residents of such other state, territory or country upon admission to such institution under control of the state board of regents. Any such agreement may limit the maximum number of students to be admitted under such agreement to any one or more specified universities or colleges or institutions in specific periods of time. Any such agreement may contain such additional provisions as may be necessary or appropriate to carry out the intention of this act.
(b) Any agreement made under this act shall provide that such agreement may be cancelled effective not more than one year after notice in writing is given by the state board of regents to the proper authorities of the other party or parties to the agreement or by notice under the same conditions from the officials of any other party to the agreement given to the state board of regents. Every agreement made under this act shall be signed by the chairperson of the state board of regents and shall be approved by the governor.
History: L. 1972, ch. 295, § 1; L. 1977, ch. 237, § 10; L. 2025, ch. 29, § 6; July 1.
Revisor's Note: Section transferred to 65-2896.
History: L. 1975, ch. 464, §§ 1 to 6; Repealed, L. 2001, ch. 151, § 50; July 1.
(a) There is hereby established the students' advisory committee to the state board of regents. Prior to July 1, 1996, the students' advisory committee shall be composed of seven members who shall be the highest student executive officer elected by the entire student body at the university of Kansas, Kansas state university of agriculture and applied science, Emporia state university, Pittsburg state university, Fort Hays state university, Wichita state university and Kansas state university polytechnic campus. On and after July 1, 1996, the students' advisory committee shall be composed of six members who shall be the highest student executive officer elected by the entire student body at the university of Kansas, Kansas state university of agriculture and applied science, Emporia state university, Pittsburg state university, Fort Hays state university and Wichita state university.
The chief executive officers of the state educational institutions under the control and supervision of the state board of regents shall annually certify to the state board the names of the student executive officers elected to membership on the students' advisory committee and, upon such certification, the student officers shall qualify for membership on the committee. The members of the advisory committee shall serve for terms expiring concurrently with their terms as elective student officers and upon qualification of their successors.
(b) The students' advisory committee shall be notified of all meetings of the state board of regents and shall have the following functions, powers and duties:
(1) Attend all meetings of the state board of regents except closed or executive meetings held pursuant to the provisions of K.S.A.
75-4319, and amendments thereto;
(2) make recommendations to the board of regents concerning course and curriculum planning and faculty evaluation;
(3) advise and consult with the board of regents in the formulation of policy decisions on student affairs;
(4) identify student concerns;
(5) consider any problems presented to it by the board of regents and give advice thereon; and
(6) disseminate information to their peers concerning the philosophies and standards of education developed by the board of regents and stimulate awareness of student rights and responsibilities.
(c) Members of the students' advisory committee attending meetings of the state board of regents shall receive no compensation for serving on such advisory committee, but shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A.
75-3223, and amendments thereto from moneys appropriated therefor to the state board of regents.
History: L. 1975, ch. 465, § 1; L. 1977, ch. 237, § 11; L. 1988, ch. 297, § 14; L. 1991, ch. 272, § 13; L. 2016, ch. 5, § 2; July 1.
History: L. 2001, ch. 151, § 49; Repealed, L. 2011, ch. 97, § 50; July 1.
For the purpose of consolidating certain functions within the executive branch of state government, the state education commission established by K.S.A. 72-6204 is hereby abolished, and all of the functions provided by law to be performed by said commission are hereby transferred to the state board of regents.
History: L. 1975, ch. 463, § 1; July 1.
Whenever the state education commission, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state board of regents.
History: L. 1975, ch. 463, § 2; July 1.
The state board of regents is the official state agency to perform the functions provided for in K.S.A. 72-6210[*] and any amendments thereto, subject to K.S.A. 74-3238.
History: L. 1975, ch. 463, § 3; July 1.
The state board of regents shall administer the tuition grant program provided for in article 61 of chapter 72 of the Kansas Statutes Annotated, including all the functions prescribed in K.S.A. 72-6111.
History: L. 1975, ch. 463, § 4; July 1.
The state board of regents shall administer the state scholarship program provided for in article 68 of chapter 72 of the Kansas Statutes Annotated, including all the functions prescribed in K.S.A. 72-6814.
History: L. 1975, ch. 463, § 5; July 1.
The state board of regents shall administer the higher education student loan guarantee act provided for in article 74 of chapter 72 of the Kansas Statutes Annotated, including exercise of the powers therein prescribed for the state education commission abolished by this order.
History: L. 1975, ch. 463, § 6; July 1.
Whenever it is necessary or appropriate in the opinion of the governor to comply with the requirements of any federal act or the federal administration thereof, which federal act is related to a function provided by this order to be transferred to the state board of regents, the governor may appoint persons to serve with the state board of regents as a board or commission to carry out such federal requirements, and such board or commission shall have and exercise the powers and functions conferred upon the state board of regents by this order to the extent only of such federal requirements, with the residue of all powers or functions transferred by this order remaining with the state board of regents as constituted by law. Any persons appointed by the governor attending meetings of such a board or commission, or attending a subcommittee meeting thereof authorized by such committee shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, or any amendments thereto, but shall receive no compensation for services as such members.
History: L. 1975, ch. 463, § 7; July 1.
All appropriations for and funds available to the state education commission shall be transferred to the state board of regents on the effective date of this order.
History: L. 1975, ch. 463, § 8; July 1.
All of the powers, duties, functions, records and property of the existing state education commission including the power to administer, expend and distribute funds now or hereafter made available in accordance with appropriation acts are hereby transferred to and conferred and imposed upon the state board of regents, except as herein otherwise provided.
History: L. 1975, ch. 463, § 9; July 1.
The state board of regents shall be the successor in every way to the powers, duties and functions of the state education commission in which the same were vested prior to the effective date of this order, except as herein otherwise provided. Every act performed by the state board of regents under authority of this order shall be deemed to have the same force and effect as if performed by the state education commission in which such functions were vested prior to the effective date of this order.
History: L. 1975, ch. 463, § 10; July 1.
All rules and regulations, all state plans and all orders and directives of the state education commission abolished by this order which are in existence on the effective date of this order, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations, state plans or orders and directives of the state board of regents, until revised, amended, revoked or nullified according to law.
History: L. 1975, ch. 463, § 11; July 1.
(a) On July 1, 1975, persons who, prior to said date, had qualified for and been designated as state scholars pursuant to the provisions of article 68 of chapter 72 of the Kansas Statutes Annotated, or had been awarded tuition grants pursuant to the provisions of article 61 of chapter 72 of the Kansas Statutes Annotated, or had received a loan from an eligible lending institution guaranteed under the provisions of article 74 of chapter 72 of the Kansas Statutes Annotated shall retain all benefits or rights which had accrued to or vested in such persons prior to July 1, 1975.
(b) Persons or institutions participating in grant programs or having been allocated funds under any of the federal higher education acts described in K.S.A. 72-6210[*] shall retain all benefits or rights which had accrued to or vested in such persons or institutions unless revised or nullified in accordance with law.
(c) All applications made pursuant to any of the programs or acts referred to in this section submitted to the state education commission prior to the effective date of this order shall continue in effect and shall be deemed to have been made or submitted to the state board of regents and shall be deemed sufficient for the purpose thereof. Any application for grants of federal funds included with or in a state plan or pursuant to any federal legislation submitted to any federal agency by the state education commission prior to the effective date of this order shall continue in effect and shall be deemed to have been made or submitted by the state board of regents subject to revision or nullification in accordance with law.
History: L. 1975, ch. 463, § 12; July 1.
On July 1, 1975, the employees who were engaged immediately prior to said date in the performance of powers, duties and functions of the state education commission abolished by this order, and who, in the opinion of the state board of regents are necessary to perform the powers, duties and functions of the state board of regents shall become employees of the state board of regents. Any such employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such employee prior to July 1, 1975. The service of each such employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of personnel in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History: L. 1975, ch. 463, § 13; July 1.
Whenever any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolishment, transfer, attachment or change made by this order, or under authority of this order, such conflict shall be resolved by the governor, with the approval of the state finance council, and such decision shall be final.
History: L. 1975, ch. 463, § 14; July 1.
No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the state education commission abolished by this order, or by or against any employee of such office in his or her official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action or other proceeding to be maintained by or against the state board of regents or any employee affected.
History: L. 1975, ch. 463, § 15; July 1.
The state board of regents is hereby authorized to purchase insurance for any student enrolled in an institution operated and managed under the control and supervision of the state board of regents and participating in a professional clinical program offered by such institution for any liability for injuries or damages resulting from any act or omission of such student while participating in such program.
History: L. 1976, ch. 329, § 1; July 1.
History: L. 1977, ch. 267, §§ 1, 2; L. 1978, ch. 316, §§ 1, 2; L. 1981, ch. 361, §§ 6, 7; Repealed, L. 2001, ch. 151, § 50; July 1.
History: L. 1977, ch. 267, § 3; L. 1978, ch. 316, § 3; Repealed, L. 2001, ch. 151, § 50; July 1.
History: L. 1978, ch. 87, § 1; L. 1988, ch. 298, § 1; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1978, ch. 87, § 2; L. 1982, ch. 313, § 1; L. 1988, ch. 298, § 2; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1978, ch. 87, §§ 3, 4; L. 1988, ch. 298, §§ 3, 4; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1978, ch. 87, § 5; Repealed, L. 2004, ch. 185, § 51; June 10.
(a) The state board of regents is hereby authorized to sell, convey, transfer title to the investing agent of a state educational institution or otherwise dispose of any devise received by the board or a state educational institution subject to its supervision and control without further legislative authorization, subject to any conditions imposed by the testator. The proceeds of any such sale and conveyance may be invested in accordance with K.S.A. 76-156a, and amendments thereto.
(b) As used in this section, "investing agent" means the entity authorized to act as the investing agent of a state educational institution pursuant to K.S.A. 76-156a, and amendments thereto.
History: L. 1978, ch. 314, § 1; L. 2006, ch. 17, § 1; L. 2007, ch. 123, § 1; July 1.
As used in this act:
(a) "ROTC institution" means a state educational institution or municipal university that provides a reserve officers' training corps program.
(b) "Selection committee" means a committee established at each ROTC institution by the chief executive officer of each such institution. The selection committee shall consist of the chief executive officer of the institution, the professor of military science, a civilian member of the faculty appointed by the chief executive officer, and a commissioned officer of the Kansas national guard appointed by the adjutant general.
(c) "Eligible student" means a person who is: (1) A resident of Kansas, (2) initially acceptable for enrolling at an ROTC institution or who has so enrolled and is in good standing, and (3) qualified for participation in the reserve officers' training corps program at such ROTC institution or who is participating in the program.
(d) "State educational institution" has the meaning ascribed thereto in K.S.A. 76-711, and amendments thereto.
(e) "Municipal university" means the municipal university established and operating under the provisions of article 13a of chapter 13 of Kansas Statutes Annotated.
History: L. 1979, ch. 302, § 1; Revived and amended, L. 1996, ch. 181, § 1; July 1.
(a) The state board of regents shall:
(1) Adopt rules and regulations for the administration of this act;
(2) provide for the award of ROTC service scholarships to eligible students who qualify therefor, as determined by the selection committee, not to exceed in any academic year a total of 40 eligible students at each ROTC institution. This provision is subject to the provisions of subsection (c);
(3) provide information regarding application procedures;
(4) require any ROTC institution to promptly furnish upon request any information which relates to the administration or effect of this act.
(b) If the ROTC institution at which an eligible student who qualifies for an ROTC service scholarship is enrolled is a state educational institution, the scholarship shall provide to the student an amount not to exceed 70% of the cost of attendance at the institution for an academic year. If the ROTC institution at which an eligible student who qualifies for an ROTC service scholarship is enrolled is a municipal university, the scholarship shall provide to the student an amount not to exceed 70% of the average amount of the cost of attendance at the state educational institutions for an academic year. Payments of ROTC service scholarships shall be made pursuant to vouchers approved by the state board of regents and upon warrants of the director of accounts and reports. Payments may be made by issuance of a single warrant to each ROTC institution at which one or more eligible students are enrolled for the total amount of scholarships for all eligible students enrolled at that institution. The director of accounts and reports shall cause such warrant to be delivered to the ROTC institution at which such eligible student or students are enrolled. If an eligible student discontinues attendance before the end of any academic year, after the ROTC institution has received payment under this subsection, the institution shall pay to the state the entire amount which such eligible student would otherwise qualify to have refunded, not to exceed the amount of the payment made under the ROTC service scholarship for the academic year. All amounts paid to the state by ROTC institutions under this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the ROTC service scholarship program fund.
(c) If all ROTC service scholarships authorized to be awarded to eligible students at each ROTC institution have not been awarded by a date established by the state board of regents, the scholarships that have not been awarded by that date may be awarded to eligible students at any ROTC institution if such students are qualified for such scholarships as determined by the appropriate selection committee. The determination to award ROTC service scholarships under this subsection to eligible students who are qualified for such scholarships shall be made by the state board of regents after consultation with the adjutant general.
History: L. 1979, ch. 302, § 2; L. 1982, ch. 314, § 1; Revived and amended, L. 1996, ch. 181, § 2; L. 2001, ch. 151, § 34; L. 2002, ch. 164, § 3; July 1.
History: L. 1979, ch. 302, § 2; L. 1982, ch. 314, § 1; Revived and amended, L. 1996, ch. 181, § 2; L. 2001, ch. 5, § 313; Repealed, L. 2002, ch. 164, § 9; July 1.
Every eligible student who qualifies for the award of an ROTC service scholarship, as determined by the appropriate selection committee, shall remain qualified for not to exceed eight semesters of undergraduate study unless the appropriate selection committee determines that such eligible student is disqualified for failure to meet any or all of the requirements imposed under the provisions of this act.
History: L. 1979, ch. 302, § 3; Revived and amended, L. 1996, ch. 181, § 3; L. 2001, ch. 151, § 35; July 1.
The selection committee of each ROTC institution shall:
(a) Receive and register the names of all eligible students who apply for ROTC service scholarships;
(b) select methods for determining which eligible students are to be recipients of ROTC service scholarships;
(c) designate and notify the eligible students selected to receive ROTC service scholarships.
History: L. 1979, ch. 302, § 4; Revived, L. 1996, ch. 181, § 4; L. 2001, ch. 151, § 36; July 1.
In order to apply for qualification for an ROTC service scholarship, an eligible student, if selected to receive such a scholarship, shall agree to:
(a) Maintain standards of academic excellence and other standards required to remain in good standing;
(b) maintain minimum full-time enrollment of at least 12 credit hours each semester;
(c) participate in the reserve officers' training corps program;
(d) demonstrate the qualities required in a commissioned officer;
(e) immediately upon graduation from an ROTC institution, accept a commission as a second lieutenant and serve for not less than four years as a commissioned officer in the Kansas national guard; and
(f) upon failure to satisfy an agreement to serve as a commissioned officer in the Kansas national guard for the required four-year period, repay to the state amounts as provided in K.S.A. 74-3260, and amendments thereto.
History: L. 1979, ch. 302, § 5; Revived and amended, L. 1996, ch. 181, § 5; L. 2001, ch. 151, § 37; July 1.
(a) Upon the failure of any person, who as an eligible student qualified for and received payments under an ROTC service scholarship, to remain eligible and qualified or to satisfy the obligation to accept a commission and serve as an officer in the Kansas national guard for the required period of time under an agreement entered into pursuant to this act, such person shall pay to the state of Kansas an amount equal to the total amount of payments disbursed on behalf of such person plus accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Such payment shall commence within 30 days, and be completed within five years, after the date of the act or circumstance that causes the failure of the person to remain eligible and qualified or to satisfy the obligation of such agreement. Payments under this section shall be installment payments and each such installment shall be not less than an amount equal to 1/5 of the total amount that would be required to be paid if paid in five equal annual installments. If an installment payment becomes 91 days overdue, the entire amount outstanding shall become immediately due and payable, including all interest at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Amounts paid under this section shall be deposited in the state treasury and credited to the ROTC service scholarship repayment fund as provided in K.S.A. 74-3260a, and amendments thereto.
(b) The state board of regents is authorized to turn any repayment account arising under the ROTC service scholarship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
History: L. 1979, ch. 302, § 6; Revived and amended, L. 1996, ch. 181, § 6; L. 2001, ch. 151, § 38; L. 2025, ch. 86, § 4; April 24.
(a) There is hereby created in the state treasury the ROTC service scholarship program fund. The state board of regents shall remit all moneys received under the ROTC service scholarship program, which are paid because of nonattendance or discontinuance by scholarship recipients, to the state treasurer at least monthly. Upon receipt of each such remittance the state treasurer shall deposit the entire amount thereof in the state treasury, and such amount shall be credited to the ROTC service scholarship program fund. All expenditures from the ROTC service scholarship program fund shall be for ROTC service scholarships and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board of regents or by a person designated by the state board.
(b) There is hereby created in the state treasury the ROTC service scholarship repayment fund. The state board of regents shall remit all moneys received under the ROTC service scholarship program, which are for payment of amounts pursuant to K.S.A. 74-3260, and amendments thereto, to the state treasurer at least monthly. Upon receipt of each such remittance the state treasurer shall deposit the entire amount thereof in the state treasury, and such amount shall be credited to the ROTC service scholarship repayment fund. All expenditures from the ROTC service scholarship repayment fund shall be for scholarships awarded under the ROTC service scholarship program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board of regents or by a person designated by the state board.
History: L. 2001, ch. 151, § 39; July 1.
History: L. 1979, ch. 302, § 7; L. 1986, ch. 290, § 1; Repealed, L. 1996, ch. 181, § 7; July 1.
(a) Except as otherwise specified in the agreement, an obligation under any agreement entered into in accordance with the ROTC service scholarship program shall be postponed: (1) During any period of service as a part of volunteers in service to America (VISTA); (2) during any period of service in the peace corps; (3) during any period of service commitment to the United States public health service; (4) during any period of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on December 31, 2000; (5) during any period of time in which the person obligated is unable because of temporary medical disability to commence or continue performance in satisfaction of the obligation; (6) during any period of time the person obligated is enrolled and actively engaged on a full-time basis in a graduate program leading to a degree which is higher than that formerly attained; (7) during any period of time the person obligated is on job-protected leave under the federal family and medical leave act of 1993; or (8) during any period of time the state board of regents determines that the person obligated is unable because of special circumstances to commence or continue performance in satisfaction of the obligation. Except for clauses (5), (7) and (8), an obligation under any agreement entered into in accordance with the ROTC service scholarship program shall not be postponed more than five years from the time performance of the obligation was to have been commenced under any such agreement. An obligation under any agreement entered into in accordance with the program shall be postponed under clause (5) during the period of time the medical disability exists. An obligation under any agreement entered into in accordance with the program shall be postponed under clause (7) during the period of time the person obligated remains on FMLA leave. An obligation to commence or continue performance in satisfaction of the obligation in accordance with an agreement under the ROTC service scholarship program shall be postponed under clause (8) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to commence or continue performance in satisfaction of the obligation, and shall determine the documentation required to prove the existence of such circumstances.
(b) An obligation under any agreement entered into in accordance with the ROTC service scholarship program shall be satisfied: (1) If performance of the obligation has been completed in accordance with the agreement; (2) if the person obligated serves for not less than four years as an enlisted member of the Kansas national guard; (3) if the person obligated dies; (4) if, because of permanent physical disability, the person obligated is unable to satisfy the obligation; (5) if the person obligated fails to satisfy the requirements of the academic program in which enrolled after making the best effort possible; (6) if the person obligated fails to satisfy all requirements for participation in the reserve officers' training corps program after making the best effort possible; or (7) if the person obligated fails to satisfy all requirements for commission as a second lieutenant in the Kansas national guard after making the best effort possible.
History: L. 2001, ch. 151, § 40; July 1.
History: L. 2008, ch. 119, § 1; Expired, June 30, 2011.
As used in this act: (a) "Institution of postsecondary education" means any college, university, community college, junior college, technical institute, or the equivalent thereof, which is or was chartered, incorporated or otherwise organized in this state and the main campus of which is or was located in this state.
(b) "Defunct institution of postsecondary education" means any institution of postsecondary education which has made a determination that it should be dissolved or disorganized, or which has been dissolved or disorganized prior to the effective date of this act, or which ceases to award academic degrees or has ceased awarding academic degrees prior to the effective date of this act.
(c) "Successor institution" means an institution of postsecondary education which has custody of all property, records, files and data of a defunct institution of postsecondary education. The term successor institution includes within its meaning any institution of postsecondary education which is defunct because of its cessation of the awarding of academic degrees but which continues in existence under restated and amended articles of incorporation.
(d) "Academic degree" means any associate, bachelor's, first professional, master's, intermediate (specialist), or doctor's degree.
(e) "Student records" means the records, files and data of all students who are in attendance at a defunct institution of postsecondary education at the time of dissolution or disorganization or cessation of the awarding of academic degrees, or who have attended a defunct institution of postsecondary education.
History: L. 1980, ch. 230, § 1; July 1.
(a) The state board of regents shall administer the provisions of this act and is hereby authorized and directed to assume custody and control of student records, files and data of (1) all students of a defunct institution of postsecondary education upon its written request or upon the written request of a successor institution; or (2) any student of a defunct institution of postsecondary education upon the student's written request. If a student of a defunct institution of postsecondary education requests the state board of regents to assume custody and control of the student's records and such records are in the custody and control of a successor institution, the state board of regents shall request the successor institution to surrender such records to the custody and control of the state board of regents. Upon failure, within a reasonable period of time, of the successor institution to surrender the student records, the state board of regents shall request the attorney general to bring an action against the successor institution in the district court in Shawnee county or in the judicial district in which the successor institution is located. Such action shall be brought for the production of the student's records, files and data and the delivery thereof to the custody and control of the state board of regents.
(b) Upon assuming custody and control of any student records, files and data, the state board of regents shall designate one or more persons to be the custodian thereof. Said custodian is hereby authorized to act as the registrar with regard to such records, files and data and shall assume and be the successor in every way to the powers, duties, functions and obligations of the registrar of the defunct institution. Every act performed in the exercise of such powers, duties and functions by or under the authority of said custodian shall be deemed to have the same force and effect as if performed by the registrar of the defunct institution in whom such powers, duties and functions were vested prior to the time such institution became a defunct institution.
History: L. 1980, ch. 230, § 2; July 1.
(a) In addition to the authority provided for the granting or conveying of right-of-way easements under K.S.A. 75-2131, and amendments thereto, the state board of regents or a designee, with or without receiving consideration therefor, may grant or convey right-of-way easements across, over, under, upon or through any land belonging to the state, and under the custody and control of the board of regents, to any person. Such easements may permit use of the land for purposes of access, convenience or necessity and such other right-of-way purposes as are customarily related to such easements. Such easements may be granted or conveyed by the board of regents or a designee without further legislative authorization but, before becoming operative, must be submitted to the attorney general for approval as to form.
(b) The state board of regents may designate the chief executive officers of the state educational institutions to act on behalf of the state board in exercising the authority provided for the granting or conveying of right-of-way easements under subsection (a).
(c) The provisions of K.S.A. 75-2132, 75-2133 and 75-2134, and amendments of such sections, apply to the granting or conveying of easements under authority of this section.
History: L. 1980, ch. 229, § 1; L. 1989, ch. 231, § 1; L. 1996, ch. 103, § 1; July 1.
(a) Within the limits of appropriations for osteopathic medical service scholarships, and in accordance with the provisions of this section, the state board of regents may award such scholarships to Kansas residents who are undergraduate students enrolled in or admitted to accredited or pre-accredited schools of osteopathic medicine in a course of instruction leading to the degree of doctor of osteopathy and who enter into a written agreement with the state board of regents as provided in K.S.A. 74-3266, and amendments thereto.
(b) Osteopathic medical service scholarships shall be in effect for the period of time specified in subsection (c) and shall provide to the person receiving the scholarship the payment of an amount not to exceed the maximum amount of a loan authorized to be made under the medical student loan act.
(c) Osteopathic medical service scholarships shall be awarded on an annual basis and shall be in effect for one year unless otherwise terminated before the expiration of such period of time. A Kansas resident who is an undergraduate student enrolled in or admitted to an accredited or pre-accredited school of osteopathic medicine in a course of instruction leading to the degree of doctor of osteopathy may be awarded a scholarship for each year the student enters into a written agreement with the state board of regents as provided in K.S.A. 74-3266, and amendments thereto, up to a maximum of four years. For each year a student is awarded a scholarship, the student shall engage in the practice of medicine and surgery in Kansas for the period of time specified in K.S.A. 74-3266(a)(3), and amendments thereto, unless such obligation is otherwise satisfied as provided in K.S.A. 74-3268, and amendments thereto.
(d) The state board of regents shall not award more than 25 osteopathic medical service scholarships in any year to persons who have not previously been awarded such a scholarship and, in any case, the state board shall not award more than 80 such scholarships in any year. In selecting Kansas residents to be awarded osteopathic medical service scholarships, the state board shall give primary consideration to students commencing their first year of instruction at accredited or pre-accredited schools of osteopathic medicine and thereafter shall consider students in later years of instruction.
History: L. 1982, ch. 378, § 1; L. 1993, ch. 184, § 1; L. 2001, ch. 151, § 1; L. 2023, ch. 95, § 2; July 1.
(a) An agreement entered into by the state board of regents and a Kansas resident who is an undergraduate student enrolled in or admitted to an accredited school of osteopathic medicine in a course of instruction leading to the degree of doctor of osteopathy for the awarding of an osteopathic medical service scholarship shall require that the person receiving the scholarship:
(1) Complete the required course of instruction and receive the degree of doctor of osteopathy;
(2) apply for and obtain a license to practice medicine and surgery in Kansas;
(3) except as otherwise provided in subsection (c), engage in the practice of medicine and surgery in Kansas on a full-time basis for a period of 12 months for each year a scholarship was received or on a part-time basis for a period equivalent to 12 months, as determined by the state board of regents, for each year a scholarship was received;
(4) (A) with regard to persons entering into agreements prior to the effective date of this act, commence such full-time or part-time practice of medicine and surgery within nine months after licensure or within nine months after completion of an approved postgraduate residency training program and licensure, whichever is later, and continue such practice in Kansas for a consecutive period of months equal to the total number of months required under the agreement;
(B) with regard to persons entering into agreements after the effective date of this act, commence such full-time or part-time practice of medicine and surgery within six months after licensure or within six months after completion of an approved postgraduate residency training program and licensure, whichever is later, and continue such practice in Kansas for a consecutive period of months equal to the total number of months required under the agreement;
(5) agree that the service commitment for each agreement entered into under this section is in addition to the service commitment contained in any other agreement which has been or may be entered into under this section for the purpose of obtaining scholarship aid;
(6) maintain records and make reports to the state board of regents to document satisfaction of the obligation under such agreement to engage in the full-time or part-time practice of medicine and surgery in Kansas and to continue such practice for a consecutive period of months equal to the total number of months required under the agreement; and
(7) repay amounts to the state board of regents as provided in K.S.A. 74-3267, and amendments thereto, upon failure to engage in the full-time or part-time practice of medicine and surgery in Kansas for the required period of time under any agreement entered into as provided in this section.
(b) Except as otherwise provided in subsection (c), each Kansas student who enters into an agreement as provided in this section shall serve the practice obligations incurred by such student under the agreement in a rural area or a medically underserved area.
(c) (1) A person awarded an osteopathic medical service scholarship may satisfy the obligation to engage in the practice of medicine and surgery under an agreement entered into pursuant to this section, even though such person is engaged in practice in an area not designated a rural area or a medically underserved area, through employment by the state of Kansas on a part-time basis, which employment has been approved by the state board of regents, for the practice of medicine and surgery at any state medical care facility or institution.
(2) For the purposes of this subsection, service or employment at a state medical care facility or institution on a part-time basis of at least the equivalent of ½ time shall satisfy the obligation to engage in the full-time practice of medicine and surgery in Kansas for a period of 12 months for each year a scholarship was received as provided in an agreement entered into under this section.
(d) For the purposes of the osteopathic medical service scholarship program (1) "state medical care facility or institution" has the meaning ascribed thereto in subsection (k) of K.S.A. 76-375, and amendments thereto; (2) "approved postgraduate residency training program" means a residency training program in general internal medicine, pediatrics, family medicine, family practice, obstetrics and gynecology, emergency medicine or fellowship training in geriatric medicine; (3) "medically underserved area" means a practice location designated medically underserved by the state board of regents; and (4) "rural area" has the meaning ascribed to "service commitment area" by subsection (c) of K.S.A. 76-381, and amendments thereto.
History: L. 1982, ch. 378, § 2; L. 1988, ch. 362, § 3; L. 1993, ch. 184, § 2; L. 2001, ch. 151, § 2; L. 2004, ch. 146, § 6; L. 2009, ch. 40, § 1; July 1.
(a) (1) Except as otherwise provided in K.S.A. 74-3268, and amendments thereto, upon the failure of any person to satisfy the obligation to engage in the full-time or part-time practice of medicine and surgery within the state of Kansas for the required period of time under an agreement entered into as provided in K.S.A. 74-3266, and amendments thereto, such person shall repay to the state board of regents an amount equal to the total of:
(A) The amount of money received by such person pursuant to such agreement; plus
(B) accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(2) Any person who applies for and enters a postgraduate residency training program that is not an approved program as provided in this section shall be required to repay all moneys disbursed on behalf of such person as provided in an agreement entered into under K.S.A. 74-3266, and amendments thereto, plus accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and shall commence such repayment in accordance with subsection (b) within 90 days of graduation from the school of osteopathic medicine or upon termination or completion of a residency training program that does not comply with the provisions of this act, whichever is later.
(3) Any person who enters and completes an approved postgraduate residency training program but fails to satisfy the obligation to engage in the full-time or part-time practice of medicine and surgery for the required period of time shall be required to repay all money disbursed on behalf of such person pursuant to an agreement entered into under K.S.A. 74-3266, and amendments thereto, plus accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and shall commence such repayment in accordance with subsection (b) within 90 days of failure to satisfy the obligation.
(b) Each person required to repay any amount under this section shall repay an amount totaling the entire amount to be repaid under all such agreements for which obligations are not satisfied, including all amounts of interest at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Except as otherwise provided in this section, such repayment shall be in installment payments and each such installment shall be not less than an amount equal to 1/5 of the total amount that would be required to be paid if repaid in five equal annual installments.
(c) Except as otherwise provided in subsections (a)(2) and (a)(3), all installment payments under this section shall commence six months after the date of the action or circumstance that causes the failure of the person to satisfy the obligations of such agreements, as determined by the state board of regents based upon the circumstances of each individual case. If an installment payment becomes 91 days overdue, the entire amount outstanding shall become immediately due and payable, including all amounts of interest at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(d) The total repayment obligation imposed under all agreements entered into as provided in K.S.A. 74-3266, and amendments thereto, may be satisfied at any time prior to graduation from the accredited school of osteopathic medicine by making a single lump sum payment equal to the total of:
(1) The entire amount to be repaid under all such agreements upon failure to satisfy the obligations under such agreements to practice in Kansas; plus
(2) all amounts of interest accrued thereon at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(e) The state board of regents is authorized to turn any repayment account arising under the osteopathic medical service scholarship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
History: L. 1982, ch. 378, § 3; L. 1993, ch. 184, § 3; L. 2001, ch. 151, § 3; L. 2025, ch. 86, § 5; April 24.
There is hereby created in the state treasury the osteopathic medical service scholarship repayment fund. The state board of regents shall remit all moneys received under K.S.A. 74-3267, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the osteopathic medical service scholarship repayment fund. All expenditures from the osteopathic medical service scholarship repayment fund shall be for osteopathic medical service scholarships and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer of the state board of regents or a person designated by the executive officer.
History: L. 1986, ch. 283, § 1; L. 2001, ch. 151, § 4; L. 2002, ch. 164, § 4; July 1.
History: L. 1986, ch. 283, § 1; L. 2001, ch. 5, § 314; Repealed, L. 2002, ch. 164, § 9; July 1.
(a) An obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266, and amendments thereto, shall be postponed during any period of time: (1) Of required active military service; (2) of service as a part of volunteers in service to America (VISTA); (3) of service in the peace corps; (4) of service commitment to the United States public health service; (5) of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on December 31, 2000; (6) the person obligated is engaged solely in the teaching of medicine; (7) the person obligated is engaged solely in medical research; (8) the person obligated is unable because of temporary medical disability to practice medicine and surgery; (9) the person obligated is on job-protected leave under the federal family and medical leave act of 1993; (10) the state board of regents determines that the person obligated is unable because of special circumstances to practice medicine and surgery; or (11) not longer than one year during which the person participates in a healthcare-related fellowship program.
(b) Except for subsection (a)(8), (9) and (10), an obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266, and amendments thereto, shall not be postponed more than five years from the time the practice of medicine and surgery was to have been commenced under any such agreement. An obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266, and amendments thereto, shall be postponed under subsection (a)(8) during the period of time the medical disability exists. An obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266, and amendments thereto, shall be postponed under subsection (a)(9) during the period of time the person obligated remains on FMLA leave. An obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266, and amendments thereto, shall be postponed under subsection (a)(10) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to practice medicine and surgery, and shall determine the documentation required to prove the existence of such circumstances.
(c) An obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266, and amendments thereto, shall be satisfied: (1) If the obligation to engage in the practice of medicine and surgery has been completed in accordance with the agreement; (2) if the person obligated dies; (3) if, because of permanent physical disability, the person obligated is unable to practice medicine and surgery; (4) if the person obligated fails to satisfy the requirements for a degree of doctor of osteopathy after making the best effort possible to obtain such degree; or (5) if the person obligated fails to satisfy all requirements for a permanent license to practice medicine and surgery in Kansas or any other jurisdiction or has been denied a license after the person has applied for a license and has made the best effort possible to obtain a license.
History: L. 1982, ch. 378, § 4; L. 2001, ch. 151, § 5; L. 2023, ch. 95, § 3; July 1.
If a person fails to satisfy an obligation to engage in the practice of medicine and surgery in Kansas for the required period of time under an agreement entered into as provided in K.S.A. 74-3266, and amendments thereto, because such person is engaged in the practice of medicine and surgery in a state other than Kansas, and if such person is subject to or currently making repayments under any such agreement, and if such person subsequently commences the practice of medicine and surgery in this state in compliance with the agreement, the balance of the repayment amount, including interest thereon, from the time of commencement of the practice of medicine and surgery in this state until the obligation of such person is satisfied, or until the time such person again becomes subject to repayments, shall be waived. All repayment amounts due prior to commencement of practice in this state, including interest thereon, shall continue to be payable as provided in the agreement. If subsequent to commencement of practice in this state, the person fails to satisfy the obligation to practice for the period of time specified in the agreement, the person again shall be subject to repayments, including interest thereon, as provided in the agreement.
History: L. 1987, ch. 296, § 1; L. 2001, ch. 151, § 6; July 1.
History: L. 1982, ch. 381, § 1; L. 1987, ch. 296, § 2; Repealed, L. 2001, ch. 151, § 50; July 1.
For the purposes of designating persons for guaranteed admission to and continued enrollment at accredited schools or colleges of optometry in a course of instruction leading to a degree in optometry in accordance with a contract under K.S.A. 76-721a and amendments thereto, the state board of regents shall designate persons who are Kansas residents and who enter into a written agreement with the state board of regents in accordance with K.S.A. 74-3271.
History: L. 1985, ch. 303, § 1; July 1.
An agreement entered into by the state board of regents and a Kansas resident who is an undergraduate student enrolled in or admitted to an accredited school or college of optometry pursuant to a contract which provides for guaranteed admission and continued enrollment of such person therein and which was entered into for such purpose under K.S.A. 76-721a, and amendments thereto, shall require that the person:
(a) Complete the required course of instruction in optometry and receive the degree therefor;
(b) apply for and obtain a license to practice optometry in Kansas;
(c) engage in the practice of optometry in Kansas on a full-time basis for a period of 12 months for each year in which such person is enrolled in the school or college of optometry and for which an annual amount is paid therefor by the state board of regents pursuant to a contract under K.S.A. 76-721a, and amendments thereto, or engage in the practice of optometry in Kansas on a part-time basis for a period equivalent to 12 months, as determined by the state board of regents, for each year in which such person is enrolled in the school or college of optometry and for which an annual amount is paid therefor by the state board of regents pursuant to a contract under K.S.A. 76-721a, and amendments thereto;
(d) (1) with regard to persons entering into an agreement prior to the effective date of this act, commence such full-time or part-time practice of optometry within nine months after licensure and continue such practice in Kansas for a consecutive period of months equal to the total number of months required under the agreement;
(2) with regard to persons entering into an agreement after the effective date of this act, commence such full-time or part-time practice of optometry within six months after licensure and continue such practice in Kansas for a consecutive period of months equal to the total number of months required under the agreement;
(e) maintain records and make reports to the state board of regents to document satisfaction of the obligation under such agreement to engage in the full-time or part-time practice of optometry in Kansas and to continue such practice for a consecutive period of months equal to the total number of months required under the agreement; and
(f) upon failure to satisfy an agreement to engage in the full-time or part-time practice of optometry in Kansas for the required period of time under such agreement, repay amounts to the state board of regents as provided in K.S.A. 74-3272, and amendments thereto.
History: L. 1985, ch. 303, § 2; L. 2001, ch. 151, § 7; July 1.
(a) Except as otherwise provided in subsection (e) and in K.S.A. 74-3273, and amendments thereto, upon the failure of any person to satisfy the obligation to engage in the full-time or part-time practice of optometry within the state of Kansas for the required period of time under an agreement entered into pursuant to K.S.A. 74-3271, and amendments thereto, such person shall repay to the state board of regents an amount equal to the total of:
(1) The amount of money paid by the state board of regents for guaranteed admission and continued enrollment of such person in an accredited school or college of optometry pursuant to a contract entered into therefor under K.S.A. 76-721a, and amendments thereto; plus
(2) accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(b) Each person required to repay any amount under this section shall repay an amount totaling the entire amount to be repaid under such agreement for which such obligation is not satisfied, including all interest at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Except as otherwise provided in this section, such repayment shall be in installment payments and each such installment shall be not less than an amount equal to 1/5 of the total amount that would be required to be paid if repaid in five equal annual installments.
(c) All installment payments under this section shall commence six months after the date of the action or circumstance that causes the failure of the person to satisfy the obligations of such agreement, as determined by the state board of regents based upon the circumstances of each individual case. If an installment payment becomes 91 days overdue, the entire amount outstanding shall become immediately due and payable, including all interest at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(d) The total repayment obligation imposed under an agreement entered into pursuant to K.S.A. 74-3271, and amendments thereto, may be satisfied at any time prior to graduation from the accredited school or college of optometry by making a single lump-sum payment equal to the total of:
(1) The entire amount to be repaid under such agreement upon failure to satisfy the obligation to practice optometry in Kansas; plus
(2) all interest thereon at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(e) If a person fails to satisfy an obligation to engage in the full-time or part-time practice of optometry in Kansas for the required period of time under an agreement entered into pursuant to K.S.A. 74-3271, and amendments thereto, because such person is engaged in the practice of optometry in a state other than Kansas, and if such person is subject to or currently making repayments under this section, and if such person subsequently commences the practice of optometry in this state which complies with the agreements entered into under such statute, the balance of the repayment amount, including interest thereon, from the time of such commencement of practice until the obligation of such person is satisfied, or until the time such person again becomes subject to repayments, shall be waived. All repayment amounts due prior to such commencement of practice in this state, including interest thereon, shall continue to be payable as provided in this section. If subsequent to such commencement of practice, the person fails to satisfy such obligation, the person again shall be subject to repayments, including interest thereon, as otherwise provided in this section.
(f) The state board of regents is authorized to turn any repayment account arising under the optometry service scholarship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
History: L. 1985, ch. 303, § 3; L. 1987, ch. 296, § 3; L. 2001, ch. 151, § 8; L. 2025, ch. 86, § 6; April 24.
(a) There is hereby created in the state treasury the optometry education repayment fund. The state board of regents shall remit all moneys received under K.S.A. 74-3272, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the optometry education repayment fund. All expenditures from the optometry education repayment fund shall be for payment of amounts for guaranteed admission and continued enrollment of designated persons at accredited schools or colleges of optometry in a course of instruction leading to a degree in optometry in accordance with a contract under K.S.A. 76-721a, and amendments thereto. Such expenditures shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer of the state board of regents or a person designated by the executive officer.
(b) On the effective date of this act, the director of accounts and reports shall transfer from the state general fund to the optometry education repayment fund an amount equal to the amount received by the board of regents under K.S.A. 74-3272, and amendments thereto, and remitted to the state treasurer since January 1, 1993, for credit to the state general fund.
History: L. 1993, ch. 184, § 6; L. 2001, ch. 5, § 315; July 1.
(a) An obligation to engage in the practice of optometry in accordance with an agreement under K.S.A. 74-3271, and amendments thereto, shall be postponed: (1) During any required period of active military service; (2) during any period of service as a part of volunteers in service to America (VISTA); (3) during any period of service in the peace corps; (4) during any period of service commitment to the United States public health service; (5) during any period of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on December 31, 2000; (6) during any period of time the person obligated is engaged solely in the teaching of optometry; (7) during any period of time the person obligated is engaged solely in optometric research; (8) during any period of time the person obligated is actively engaged on a full-time basis in an approved postgraduate residency training program; (9) during any period of time the person obligated is unable because of temporary medical disability to practice optometry; (10) during any period of time the person obligated is on job-protected leave under the federal family and medical leave act of 1993; or (11) during any period of time the state board of regents determines that the person obligated is unable because of special circumstances to practice optometry. Except for clauses (9), (10) and (11), an obligation to engage in the practice of optometry in accordance with an agreement under K.S.A. 74-3271, and amendments thereto, shall not be postponed more than five years from the time the practice of optometry was to have been commenced under any such agreement. An obligation to engage in the practice of optometry in accordance with an agreement under K.S.A. 74-3271, and amendments thereto, shall be postponed under clause (9) during the period of time the medical disability exists. An obligation to engage in the practice of optometry in accordance with an agreement under K.S.A. 74-3271, and amendments thereto, shall be postponed under clause (10) during the period of time the person obligated remains on FMLA leave. An obligation to engage in the practice of optometry in accordance with an agreement under K.S.A. 74-3271, and amendments thereto, shall be postponed under clause (11) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to practice optometry, and shall determine the documentation required to prove the existence of such circumstances.
(b) An obligation to engage in the practice of optometry in accordance with an agreement under K.S.A. 74-3271, and amendments thereto, shall be satisfied: (1) If the obligation to engage in the practice of optometry in accordance with an agreement under K.S.A. 74-3271, and amendments thereto, has been completed; (2) if the person obligated dies; (3) if, because of permanent physical disability, the person obligated is unable to practice optometry; (4) if the person obligated fails to satisfy the requirements for a degree from an accredited school or college of optometry after making the best effort possible to obtain such degree; or (5) if the person obligated fails to satisfy all requirements for a permanent license to practice optometry in Kansas or any other jurisdiction or has been denied a license after such person has applied for a license and has made the best effort possible to obtain a license.
History: L. 1985, ch. 303, § 4; L. 2001, ch. 151, § 9; July 1.
There is hereby established the Kansas work-study program. The program shall consist of a career component and a youth education services component. The purpose of the career component of the program is to promote, stimulate and assist in the part-time employment of eligible students in jobs or positions of service that will complement and enhance the educational preparation of such students for a career. The purpose of the youth education services component of the program is to provide financial assistance for eligible students who participate in the program by performing youth education services for school districts or by performing duties for an eligible educational institution in connection with operation of the program.
History: L. 1987, ch. 282, § 1; L. 1994, ch. 84, § 1; July 1.
As used in this act:
(a) "Eligible student" means a person who is: (1) A resident of Kansas; (2) enrolled at least half time at an eligible educational institution; (3) in need of financial assistance for the pursuit of courses of study at the eligible educational institution; and (4) in good standing at the eligible educational institution and capable of maintaining good standing while participating in the program.
(b) "Eligible educational institution" means: (1) Any state educational institution under the control and supervision of the state board; and (2) any municipal university established and operating under the provisions of article 13a of chapter 13 of Kansas Statutes Annotated.
(c) "Youth education services" or "YES" means services performed by eligible students for the purpose of assisting school districts in the maintenance of special education services for exceptional children, alternative school programs, at risk pupil assistance plans, educational system enhancement plans, bilingual education programs for limited English proficient pupils, vocational education programs, or school programs in general. The services performed may include, but not by way of limitation, such services as mentoring or tutoring, study assistance, outreach activities, and general assistance to teachers and other school personnel.
(d) "Program" means the Kansas work-study program established by this act.
(e) "State board" means the state board of regents.
History: L. 1987, ch. 282, § 2; L. 1994, ch. 84, § 2; July 1.
(a) The state board shall adopt rules and regulations for administration of the provisions of this act and shall:
(1) Develop the program and provide for its operation and management by eligible educational institutions;
(2) establish guidelines and procedures for operation and management of the program. Such guidelines and procedures shall be established by the state board after consultation with, and consideration of advice from, the financial aids officers of all eligible educational institutions;
(3) provide for statewide coordination of the program;
(4) review budget requests of eligible educational institutions for operation of the program and allocate and distribute moneys appropriated therefor to the institutions;
(5) provide for reallocation of moneys appropriated for operation of the program among eligible institutions during the year; and
(6) evaluate the program annually and make a report thereon to the governor and the legislature.
(b) The guidelines and procedures established under subsection (a) shall address:
(1) The definition of employer and employment for purposes of the career component of the program;
(2) the determination of eligibility of students for participation in the program;
(3) salaries, wages and other benefits to be provided for eligible students under the career component of the program;
(4) the percentage of the state share of salaries and wages to be provided for eligible students under the career component of the program;
(5) provisions to be included in contracts and agreements entered into under the career component of the program by employers, eligible educational institutions, and eligible students;
(6) the suitability and appropriateness of employment to be provided under the career component of the program, including the relevance thereof to the educational preparation of eligible students for a career;
(7) ways to ensure that the provision of employment under the career component of the program does not displace existing employees or impair existing contracts;
(8) the financial assistance to be provided for eligible students who participate in the YES component of the program;
(9) procedures for the making of applications by school districts requesting the performance of youth education services by eligible students;
(10) provisions to be included in agreements with school districts for the performance of youth education services by eligible students;
(11) ways to ensure that participation in the program is reasonably available for all eligible students who desire participation; and
(12) such other matters as the state board deems necessary or appropriate to the effective operation of the program.
History: L. 1987, ch. 282, § 3; L. 1994, ch. 84, § 3; July 1.
(a) Eligible educational institutions shall operate and manage the program in accordance with the criteria and procedures established by the state board and shall submit an annual report thereon to the state board.
(b) Eligible educational institutions may use moneys appropriated for the program (1) to pay the state share of the salaries and wages of eligible students participating in the career component of the program, (2) to provide financial assistance for eligible students who participate in the YES component of the program, and (3) subject to provisions in acts making appropriations for the program, to meet expenses which are directly attributable to development or enhancement of the program and to the operation and management thereof.
History: L. 1987, ch. 282, § 4; L. 1994, ch. 84, § 5; July 1.
Any school district may request the performance of youth education services by eligible students by submitting an application therefor to any eligible educational institution. Youth education services shall be performed in accordance with agreements entered into between school districts and eligible educational institutions. Such agreements may provide for payments by school districts to eligible educational institutions of amounts to defray in part the amount of financial assistance to be provided for eligible students who perform youth education services. Payments by a school district to an eligible educational institution in accordance with an agreement entered into under authority of this section shall be made from the general fund of the school district. Upon receipt of such payments, the eligible educational institution shall credit immediately the account of each eligible student who performed youth education services for the school district with an amount equal to the school district's share of financial assistance to be provided for such student.
History: L. 1994, ch. 84, § 4; July 1.
As used in this act: (a) "Kansas distinguished scholarship" means an award under this act by this state to a distinguished Kansas scholar.
(b) "Distinguished Kansas scholar" means a person who: (1) Is a Kansas resident or the holder of an academic degree awarded by a state educational institution, or both; (2) has earned the distinction of being designated a Brasenose scholar, Chevening scholar, Fulbright scholar, Madison fellow, Marshall scholar, Mellon fellow, Rhodes scholar or Truman scholar; and (3) is initially acceptable for entering a state educational institution or who has so entered and is in good standing and making satisfactory progress.
(c) "State educational institution" has the meaning ascribed thereto by K.S.A. 76-711, and amendments thereto.
(d) "Board of regents" means the state board of regents provided for in the constitution of this state and described in article 32 of chapter 74 of Kansas Statutes Annotated.
(e) "Semester" means one of two principal terms, when there are only two principal terms in the academic year, whether or not there are other shorter terms during the same academic year.
History: L. 1988, ch. 357, § 1; L. 1996, ch. 97, § 1; July 1.
Within the limits of appropriations therefor, a Kansas distinguished scholarship may be awarded to any qualified distinguished Kansas scholar enrolled full time in a specified degree program at any state educational institution. A distinguished Kansas scholar may be awarded a Kansas distinguished scholarship each semester until the requirements of the educational program in which the scholar is enrolled are completed.
History: L. 1988, ch. 357, § 2; L. 1996, ch. 97, § 2; July 1.
The amount of a Kansas distinguished scholarship awarded to a distinguished Kansas scholar for the fall and spring semesters shall be the amount of the scholar's tuition and required fees for the period.
History: L. 1988, ch. 357, § 3; L. 1996, ch. 97, § 3; July 1.
(a) A Kansas distinguished scholarship may be paid annually for both the fall and spring semesters, or as otherwise specified by the board of regents. Kansas distinguished scholarships shall be paid upon certification by the state educational institution that the distinguished Kansas scholar is enrolled and is qualified. Payments of Kansas distinguished scholarships shall be made upon vouchers approved by the administrative officer of the board of regents designated by the board upon warrants of the director of accounts and reports. Payments of Kansas distinguished scholarships may be made by the issuance of a single warrant to each state educational institution at which a distinguished Kansas scholar is enrolled for the total amount of Kansas distinguished scholarships for all distinguished Kansas scholars enrolled at that institution. The director of accounts and reports shall cause such warrant to be delivered to the state educational institution at which such scholar or scholars are enrolled. Upon receipt of such warrant, the amount thereof shall be credited to the Kansas distinguished scholarship fund of the state educational institution and allocated within the fund to the account of each distinguished Kansas scholar enrolled at that institution. The amount to be credited to the account of each such scholar shall be specified by the board of regents.
(b) If a distinguished Kansas scholar discontinues attendance before the end of any semester, after the state educational institution has received payment under this section, the state educational institution shall debit the account of the scholar by an amount equal to the entire amount which such scholar would otherwise qualify to have refunded, not to exceed the amount credited to the account of the scholar under a Kansas distinguished scholarship for the semester and, if a distinguished Kansas scholar has received payments under any federal program of student assistance in the semester, less an amount equal to the pro rata share of such entire amount which is attributable to the assistance received by the scholar under such federal program or programs.
(c) All amounts debited by a state educational institution under subsection (b) shall be reallocated within the Kansas distinguished scholarship fund of the state educational institution to the account of other distinguished Kansas scholars as specified by the board of regents.
History: L. 1988, ch. 357, § 4; L. 1996, ch. 97, § 4; July 1.
The board of regents shall administer this act and shall:
(a) Publicize Kansas distinguished scholarships and provide information regarding application procedures;
(b) designate and notify each distinguished Kansas scholar;
(c) approve and award Kansas distinguished scholarships;
(d) evaluate the Kansas distinguished scholarship program annually, and make a report thereon to the governor and the legislature;
(e) require any state educational institution to promptly furnish any information which the board of regents requests relating to administration or effect of this act.
History: L. 1988, ch. 357, § 5; L. 1996, ch. 97, § 5; July 1.
Each applicant for a Kansas distinguished scholarship, in accordance with rules and regulations of the board of regents, shall:
(a) Be responsible for submission to the board of regents of evidence of designation as a Brasenose scholar, Chevening scholar, Fulbright scholar, Madison fellow, Marshall scholar, Mellon fellow, Rhodes scholar or Truman scholar, whichever of the foregoing is applicable;
(b) complete and file an application for a Kansas distinguished scholarship;
(c) report promptly to the board of regents any information requested relating to administration of this act.
History: L. 1988, ch. 357, § 6; L. 1996, ch. 97, § 6; July 1.
(a) K.S.A. 74-3284 through 74-3289, and amendments thereto, shall be known and may be cited as the Kansas education opportunity scholarship program act.
(b) As used in this act:
(1) "Kansas education opportunity scholarship program" means a program under which the state provides financial assistance through the award of Kansas education opportunity scholarships to Kansas education opportunity scholars.
(2) "Kansas education opportunity scholarship" means a financial award made by this state under this act to a Kansas education opportunity scholar.
(3) "Kansas education opportunity scholar" means a person who:
(A) (i) Is a resident of Kansas;
(ii) has been accepted for admission to or is enrolled full time in an educational program at an eligible institution;
(iii) has established financial need; and
(iv) is a first generation student or has a parent who is employed in Kansas as a teacher or paraprofessional for any of the grades pre-K through 12; or
(B) has previously so qualified and remains qualified for the renewal of a Kansas education opportunity scholarship on the basis of maintaining full-time enrollment in an educational program at an eligible institution, remaining in good standing and making satisfactory progress toward completion of the requirements for the award of a degree or certificate of completion.
(4) "Eligible institution" means postsecondary educational institution, as defined in K.S.A. 74-3201b, and amendments thereto, or an accredited independent institution, as defined in K.S.A. 72-3222, and amendments thereto.
(5) "Financial need" means the difference between the available financial resources of a Kansas education opportunity scholar and the scholar's total anticipated expenses to attend an eligible institution. A scholar's financial resources shall be determined on the basis of criteria provided under the federal methodology of need analysis.
(6) "First generation student" means an individual who does not have a parent or guardian who has completed a baccalaureate degree.
(7) "Semester" means one of two principal terms when there are only two principal terms in the academic year of an eligible institution whether or not there are other shorter terms during the same academic year of the eligible educational institution.
(8) "Term" means one of two or more substantially equivalent divisions of the academic year of an eligible institution.
(9) "Program period" means the duration of the period of time, or any division thereof, required for completion of a vocational or technical education program at an eligible institution.
History: L. 1989, ch. 224, § 1; L. 2000, ch. 143, § 1; L. 2024, ch. 82, § 10; May 2.
(a) In each academic year, to the extent that appropriations are available for the Kansas education opportunity scholarship program and in accordance with the provisions of this act, the state board of regents may select for designation as a Kansas education opportunity scholar and for the award of a Kansas education opportunity scholarship any person who is qualified for such designation and award. The state board of regents shall renew the scholarship of each Kansas education opportunity scholar who remains qualified for a scholarship.
(b) In selecting persons for designation as Kansas education opportunity scholars, the state board of regents shall provide, insofar as possible and on the basis of a formulated procedure, for equitable apportionment of Kansas education opportunity scholarships. The procedure formulated by the board of regents shall take into account the differences among applicants in level of financial need and availability of financial resources so that scholarships are targeted to those applicants having the greatest needs. Financial need shall be determined annually.
(c) An applicant who fails to be awarded a Kansas education opportunity scholarship shall not be disqualified from applying therefor in a later academic year so long as all requirements for eligibility to apply for such award are met.
(d) The award or renewal of a Kansas education opportunity scholarship shall be on an annual basis and shall be effective for one academic year unless otherwise terminated.
History: L. 1989, ch. 224, § 2; L. 2024, ch. 82, § 11; May 2.
(a) A Kansas education opportunity scholarship shall provide for payment to a Kansas education opportunity scholar of an amount in each academic year not to exceed an amount equal to 75% of the average amount of the total tuition and required fees of full-time, in-state students. A Kansas education opportunity scholar may receive a Kansas education opportunity scholarship for not more than eight semesters of undergraduate study or the equivalent thereof, except that a Kansas education opportunity scholar may receive a Kansas education opportunity scholarship for not more than an additional two semesters of study or the equivalent thereof when the requirements of the program in which the scholar is enrolled include the completion of a fifth year of study. The state board of regents shall determine the equivalent of a semester when any program period or all or part of the terms for which a Kansas education opportunity scholar is awarded a Kansas education opportunity scholarship are not semesters.
(b) A Kansas education opportunity scholar who is also eligible to receive a Kansas comprehensive grant or a state scholarship may be awarded such grant or scholarship, or both, in addition to a Kansas education opportunity scholarship. In no event shall the amount awarded to a Kansas education opportunity scholar under a Kansas education opportunity scholarship or the total of any amounts awarded thereunder and under a state scholarship or a Kansas comprehensive grant, or both, exceed an amount equal to the amount of the scholar's financial need for the period.
History: L. 1989, ch. 224, § 3; L. 1998, ch. 165, § 8; L. 2000, ch. 143, § 2; L. 2024, ch. 82, § 12; May 2.
The state board of regents shall adopt rules and regulations for administration of this act and shall:
(a) Publicize the Kansas education opportunity scholarship program and the manner and method of qualifying for designation as a Kansas education opportunity scholar and for the award of a Kansas education opportunity scholarship;
(b) provide application forms;
(c) determine residence, as provided by law, of applicants for Kansas education opportunity scholarships;
(d) determine eligibility of applicants for Kansas education opportunity scholarships;
(e) determine the evidence deemed necessary to be submitted as proof of educational ability;
(f) designate Kansas education opportunity scholars;
(g) notify each person who qualifies for designation as a Kansas education opportunity scholar and for the award of a Kansas education opportunity scholarship or who remains qualified as a Kansas education opportunity scholar for the renewal of a Kansas education opportunity scholarship;
(h) approve and award or renew Kansas education opportunity scholarships;
(i) determine the equivalent of a semester for the purpose of awarding Kansas education opportunity scholarships for any program period or term that is not a semester;
(j) define full-time enrollment;
(k) provide for apportionment of Kansas education opportunity scholarships if appropriations therefor are insufficient for payment in full to all Kansas education opportunity scholars;
(l) request any eligible institution to furnish any information relating to and necessary for administration of this act;
(m) determine the average amount of tuition and fees required of full-time, in-state students for enrollment at the state educational institutions; and
(n) evaluate the Kansas education opportunity scholarship program annually, and make a report thereon to the governor and legislature.
History: L. 1989, ch. 224, § 4; L. 2000, ch. 143, § 3; L. 2024, ch. 82, § 13; May 2.
In accordance with the rules and regulations of the state board of regents, each individual who desires to be designated as a Kansas education opportunity scholar and to receive a Kansas education opportunity scholarship shall:
(a) Complete and file an application for a Kansas education opportunity scholarship;
(b) submit the evidence required as proof of educational ability; and
(c) report promptly any information requested relating to administration of this act.
History: L. 1989, ch. 224, § 5; L. 2000, ch. 143, § 4; L. 2024, ch. 82, § 14; May 2.
(a) Kansas education opportunity scholarships may be paid annually for two semesters or the equivalent thereof, and may be allocated equally between the semesters or the equivalent of semesters, or otherwise, as determined by the state board of regents. Kansas education opportunity scholarships shall be paid at a time or times to be determined by the state board of regents upon certification by an eligible institution that a Kansas education opportunity scholar is enrolled full time in an educational program. Payments of Kansas education opportunity scholarships shall be made upon vouchers approved by the administrative officer of the state board of regents designated by the state board and upon warrants of the director of accounts and reports. Payments of Kansas education opportunity scholarships may be made by the issuance of a single warrant to each eligible institution where a Kansas education opportunity scholar is enrolled for the total amount of Kansas education opportunity scholarships for all Kansas education opportunity scholars enrolled at that institution. The director of accounts and reports shall cause such warrant to be delivered to the eligible institution where such scholar or scholars are enrolled. Upon receipt of such warrant, the eligible institution shall credit immediately the account of each Kansas education opportunity scholar enrolled at that institution by an amount specified by the board of regents for each such scholar.
(b) If a Kansas education opportunity scholar discontinues attendance before the end of any semester or equivalent thereof, after an eligible institution has received payment under this section, the eligible institution shall pay to the state:
(1) The entire amount that such scholar would otherwise qualify to have refunded not to exceed the amount of the payment made under a Kansas education opportunity scholarship for the semester or equivalent thereof; or
(2) if a Kansas education opportunity scholar has received payments under any federal program of student assistance in the semester, the state's pro rata share of the entire amount that such scholar would otherwise qualify to have refunded not to exceed the amount of the payment made under a Kansas education opportunity scholarship for the semester or equivalent thereof.
(c) All amounts paid to the state by an eligible institution under subsection (b) shall be deposited in the state treasury and credited to the Kansas education opportunity scholarship discontinued attendance fund. The Kansas education opportunity scholarship discontinued attendance fund is hereby created. All expenditures from the Kansas education opportunity scholarship discontinued attendance fund shall be for Kansas education opportunity scholarships.
History: L. 1989, ch. 224, § 6; L. 2000, ch. 143, § 5; L. 2024, ch. 82, § 15; May 2.
History: L. 1989, ch. 224, § 7; Repealed, L. 1998, ch. 165, § 10; July 1.
This act shall be known and may be cited as the nursing service scholarship program.
History: L. 1989, ch. 223, § 1; L. 2001, ch. 151, § 10; July 1.
As used in this act:
(a) "Executive officer" means the chief executive officer of the state board of regents appointed under K.S.A. 74-3203a, and amendments thereto.
(b) "Mental health or treatment facility" means:
(1) Any private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto;
(2) any public treatment facility as defined in K.S.A. 59-29b46, and amendments thereto;
(3) any community mental health center organized pursuant to K.S.A. 19-4001 through 19-4015, and amendments thereto, and licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto;
(4) any mental health clinic organized pursuant to K.S.A. 65-211 through 65-215, and amendments thereto, and licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto;
(5) any psychiatric hospital, psychiatric residential treatment facility or residential care facility as such terms are defined in K.S.A. 39-2002, and amendments thereto;
(6) any hospital as defined in K.S.A. 65-425, and amendments thereto, if:
(A) The hospital has a psychiatric unit; and
(B) the scholarship recipient is required to fulfill the nursing service scholarship's employment obligations as an employee in the psychiatric unit of the hospital; or
(7) Osawatomie state hospital, Larned state hospital, south central regional mental health hospital, Parsons state hospital or the Kansas neurological institute.
(c) "School of nursing" means a school within the state of Kansas that is approved by the state board of nursing to grant an associate degree or a baccalaureate degree in professional nursing or a certificate of completion in practical nursing and is:
(1) Under the control and supervision of the state board of regents;
(2) a municipal university; or
(3) a not-for-profit independent institution of higher education that has its main campus or principal place of operation in Kansas, maintains open enrollment as defined in K.S.A. 74-32,120, and amendments thereto, and is operated independently and not controlled or administered by the state or any agency or subdivision thereof.
(d) "Sponsor" means any of the following that is located in a rural opportunity zone as defined in K.S.A. 74-50,222, and amendments thereto:
(1) An adult care home licensed under the adult care home licensure act, K.S.A. 39-923 et seq., and amendments thereto;
(2) a medical care facility licensed under K.S.A. 65-425 et seq., and amendments thereto;
(3) a home health agency licensed under K.S.A. 65-5101 et seq., and amendments thereto;
(4) a local health department as defined in K.S.A. 65-241, and amendments thereto;
(5) a mental health or treatment facility; and
(6) a state agency that employs licensed practical nurses or licensed professional nurses.
History: L. 1989, ch. 223, § 2; L. 1994, ch. 65, § 1; L. 2001, ch. 151, § 11; L. 2017, ch. 20, § 1; L. 2024, ch. 82, § 16; L. 2025, ch. 90, § 17; July 1.
(a) There is hereby established the nursing service scholarship program. A scholarship may be awarded under the nursing service scholarship program to any qualified nursing student enrolled in or admitted to a school of nursing in a course of instruction leading to licensure as a licensed professional nurse or licensed practical nurse. A nursing student shall not be required to be a resident of Kansas to qualify for a scholarship under the nursing service scholarship program. The determination of the individuals qualified for such scholarships shall be made by the executive officer. Scholarships shall be awarded on a priority basis to qualified applicants who have the greatest financial need.
(b) Scholarships awarded under the nursing service scholarship program shall be awarded for the length of the course of instruction leading to licensure as a licensed professional nurse or licensure as a licensed practical nurse in which the student is enrolled or admitted unless otherwise terminated before the expiration of such period of time.
(c) (1) Except as provided in paragraph (2), the amount of each scholarship shall be established annually by the executive officer.
(2) If the nursing student has a sponsor, then the amount of the scholarship for such nursing student shall not exceed the amount established under paragraph (1) multiplied by 125%.
History: L. 1989, ch. 223, § 3; L. 1990, ch. 277, § 1; L. 1992, ch. 87, § 1; L. 2001, ch. 151, § 12; L. 2017, ch. 20, § 2; L. 2024, ch. 82, § 17; May 2.
(a) An applicant for a scholarship under the nursing service scholarship program shall provide to the executive officer, on forms supplied by the executive officer, the following information:
(1) The name and address of the applicant;
(2) the name and address of the school of nursing in which the applicant is enrolled or to which the applicant has been admitted;
(3) the name and address of the sponsor of the applicant and a verified copy of the agreement entered into by the applicant and the sponsor; and
(4) any additional information that may be required by the executive officer.
(b) As a condition to awarding a scholarship under the nursing service scholarship program, the executive officer and the applicant for a scholarship shall enter into an agreement that shall require that the scholarship recipient:
(1) Complete the required course of instruction and, within six months after completion, attain licensure with the Kansas state board of nursing as a licensed professional nurse or a licensed practical nurse;
(2) complete the free application for federal student aid for each academic year for which scholarship funds are awarded under the agreement;
(3) within six months after attaining licensure, engage in the full-time practice of nursing, or the equivalent to full-time practice, in Kansas and continue such full-time practice, or the equivalent to full-time practice, for the total amount of time required under the agreement, which shall be for a period of not less than the length of the course of instruction for which scholarship assistance was provided, or engage in the part-time practice of nursing in Kansas and continue such part-time practice for the total amount of time required under the agreement, which shall be for a period of time that is equivalent to full time, as determined by the state board of regents, multiplied by the length of the course of instruction for which scholarship assistance was provided. If the scholarship recipient has a sponsorship agreement, then the scholarship recipient shall engage in the practice of nursing in the employment of such sponsor in accordance with such sponsorship agreement for the period of time required under this paragraph, except as provided in K.S.A. 74-3296, and amendments thereto;
(4) comply with such other terms and conditions as may be specified by such agreement;
(5) maintain records and make reports to the executive officer as may be required by the executive officer to document the satisfaction of the obligations under the nursing service scholarship program and under agreements entered into pursuant thereto and with the sponsor, if any; and
(6) upon failure to satisfy the requirements of the agreement with the state board of regents, repay to the state the amounts as provided in K.S.A. 74-3295, and amendments thereto.
History: L. 1989, ch. 223, § 4; L. 1992, ch. 87, § 2; L. 2001, ch. 151, § 13; L. 2017, ch. 20, § 3; L. 2024, ch. 82, § 18; May 2.
(a) Except as provided in K.S.A. 74-3296, and amendments thereto, upon the failure of any person to satisfy the obligation under any agreement entered into pursuant to the nursing service scholarship program, such person shall pay to the executive officer an amount equal to the total amount of money disbursed on behalf of such person pursuant to such agreement that was financed by the state of Kansas plus accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Installment payments of any such amounts may be made in accordance with rules and regulations of the state board of regents. Such installment payments shall commence six months after the date on which interest begins to accrue. Amounts paid under this section to the executive officer shall be deposited in the nursing service scholarship repayment fund in accordance with K.S.A. 74-3298, and amendments thereto.
(b) The state board of regents is authorized to turn any repayment account arising under the nursing service scholarship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed in section* K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
History: L. 1989, ch. 223, § 5; L. 1992, ch. 87, § 3; L. 1993, ch. 184, § 4; L. 2001, ch. 151, § 14; L. 2024, ch. 82, § 19; L. 2025, ch. 86, § 7; April 24.
(a) (1) Except as otherwise specified in the agreement with the sponsor, an obligation under any agreement entered into under the nursing student scholarship program shall be postponed:
(A) During any required period of active military service;
(B) during any period of service as a part of volunteers in service to America (VISTA);
(C) during any period of service in the peace corps;
(D) during any period of service commitment to the United States public health service;
(E) during any period of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on July 1, 2024;
(F) during any period of time the person obligated is unable because of temporary medical disability to practice nursing;
(G) during any period of time the person obligated is enrolled and actively engaged on a full-time basis in a course of study leading to a degree in the field of nursing that is higher than that attained formerly by the person obligated;
(H) during any period of time that the person obligated is on job-protected leave under the federal family and medical leave act of 1993; or
(I) during any period of time the state board of regents determines that the person obligated is unable because of special circumstances to practice nursing.
(2) Except for paragraphs (1)(F), (1)(H) and (1)(I), an obligation under any agreement entered into as provided in the nursing service scholarship program shall not be postponed more than five years from the time the obligation was to have been commenced under any such agreement.
(3) An obligation under any agreement entered into as provided in the nursing service scholarship program shall be postponed under paragraph (1)(F) during the period of time the medical disability exists.
(4) An obligation under any agreement entered into as provided in the nursing service scholarship program shall be postponed under paragraph (1)(H) during the period of time the person obligated remains on FMLA leave.
(5) An obligation under any agreement entered into as provided in the nursing service scholarship program shall be postponed under paragraph (1)(I) during the period of time the state board of regents determines that the special circumstances exist.
(6) The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to satisfy an obligation under any agreement entered into as provided in the nursing service scholarship program, and shall determine the documentation required to prove the existence of such circumstances. Except for paragraphs (1)(A), (1)(F), (1)(H) and (1)(I), an obligation under any agreement entered into as provided in the nursing service scholarship program shall not be postponed unless the postponement is approved by the scholarship recipient's sponsor, if any, or is otherwise provided for in an agreement with the sponsor.
(b) An obligation under any agreement entered into as provided in the nursing service scholarship program shall be satisfied if:
(1) The obligation has been completed in accordance with the agreement;
(2) the person obligated dies;
(3) because of permanent physical disability, the person obligated is unable to satisfy the obligation;
(4) the person obligated fails to satisfy the requirements for graduation from the school of nursing after making the best effort possible to do so; and
(5) the person obligated fails to satisfy all requirements for a permanent license to practice nursing in Kansas or has been denied a license after applying for a license and making the best effort possible to obtain such license.
(c) (1) An obligation under any sponsorship agreement shall be satisifed if:
(A) Because of bankruptcy, loss of licensure or certification or other failure in the operations of the sponsor, such sponsor cannot or will not employ the person obligated; or
(B) the sponsor releases the person obligated from employment with such sponsor.
(2) Notwithstanding the provisions of paragraph (1), the person obligated shall still be required to complete the terms, conditions and obligations of the agreement with the state board of regents by engaging in the practice of nursing in Kansas.
History: L. 1989, ch. 223, § 6; L. 1994, ch. 65, § 2; L. 2001, ch. 151, § 15; L. 2024, ch. 82, § 20; May 2.
(a) The state board of regents shall adopt rules and regulations as necessary to administer the nursing service scholarship program.
(b) The state board of regents shall provide an annual written report on the nursing service scholarship program to the senate and house committees on education.
History: L. 1989, ch. 223, § 7; L. 2001, ch. 151, § 16; L. 2017, ch. 20, § 4; L. 2024, ch. 82, § 21; May 2.
(a) There is hereby created in the state treasury the nursing service scholarship program fund. The executive officer shall remit all moneys received from a school of nursing that are paid because of nonattendance or discontinued attendance by scholarship recipients, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the nursing service scholarship program fund. All expenditures from the nursing service scholarship program fund shall be for scholarships awarded under the nursing service scholarship program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person designated by the executive officer.
(b) The nursing student scholarship discontinued attendance fund is hereby abolished. On the effective date of this act, the director of accounts and reports shall transfer all moneys remaining in the nursing student scholarship discontinued attendance fund to the nursing service scholarship program fund.
(c) There is hereby created in the state treasury the nursing service scholarship repayment fund. The executive officer shall remit all moneys received for amounts paid under K.S.A. 74-3295, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of the nursing service scholarship repayment fund. All expenditures from the nursing service scholarship repayment fund shall be for scholarships awarded under the nursing service scholarship program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person designated by the executive officer.
History: L. 1989, ch. 223, § 8; L. 1993, ch. 184, § 5; L. 2001, ch. 151, § 17; L. 2002, ch. 164, § 5; L. 2024, ch. 82, § 22; May 2.
History: L. 1989, ch. 223, § 8; L. 1993, ch. 184, § 5; L. 2001, ch. 5, § 316; Repealed, L. 2002, ch. 164, § 9; July 1.
History: L. 1989, ch. 223, § 9; L. 2001, ch. 151, § 18; Repealed, L. 2024, ch. 82, § 25; May 2.
K.S.A. 74-32,100 through 74-32,107 and K.S.A. 74-32,107b, 74-32,107c and 74-32,107d, and amendments thereto, shall be known and may be cited as the teacher service scholarship program act.
History: L. 1990, ch. 273, § 1; L. 2001, ch. 151, § 19; L. 2007, ch. 173, § 11; July 1.
As used in the teacher service scholarship program act:
(a) "Executive officer" means the chief executive officer of the state board of regents appointed under K.S.A. 74-3203a, and amendments thereto.
(b) "Qualified student" means a person who: (1) Is a resident of the state of Kansas; (2)(A) has been accepted for admission to or is enrolled in a course of instruction leading to licensure as a teacher in a hard-to-fill teaching discipline or in an underserved area; (B) is licensed as a teacher and is endorsed to teach in a field which is not a hard-to-fill teaching discipline or is not in an underserved area, but has been accepted for admission to, or is enrolled in, a course of instruction leading to endorsement in a hard-to-fill teaching discipline or in an underserved area; or (C) is licensed as a teacher and has been accepted for admission to, or is enrolled in, a course of instruction leading to a master's degree in the field of education as a teacher in a hard-to-fill teaching discipline or in an underserved area; and (3) has qualified for the award of a scholarship under the teacher service scholarship program on the basis of having demonstrated scholastic ability, or who has previously so qualified and remains qualified for renewal of the scholarship on the basis of remaining in good standing and making satisfactory progress toward completion of the requirements of the course of instruction in which enrolled.
(c) "Hard-to-fill teaching discipline" means a teaching discipline in which there is a critical shortage of teachers as determined and specified by the state board of education.
(d) "Underserved area" means a geographic area of the state in which there is a critical shortage of teachers as determined and specified by the state board of education.
History: L. 1990, ch. 273, § 2; L. 1991, ch. 236, § 1; L. 2001, ch. 151, § 20; L. 2005, ch. 194, § 20; L. 2007, ch. 173, § 12; July 1.
(a) There is hereby established the teacher service scholarship program. A scholarship may be awarded under the teacher service scholarship program to any qualified student and may be renewed for each such student who remains qualified for the scholarship. Determination of the students qualified for such scholarships shall be made by the executive officer. Scholastic ability shall be determined on the basis of any one or more of the following: (1) High ACT or SAT score; (2) rank in high school graduation class; (3) cumulative high school or college grade point average; or (4) any other indicator of scholastic ability which the state board of regents determines to be demonstrative of potential for successful completion of a course of instruction leading to licensure as a teacher. To the extent practicable and consistent with qualification factors, consideration shall be given to qualified students who are members of ethnic minority groups.
(b) Within the limitations of appropriations therefor, the number of scholarships awarded and the amount awarded to each applicant shall be determined by the executive officer. The amount awarded shall be specified in the agreement. The amount awarded may vary depending upon the number of hours and the program in which the applicant is enrolled. For academic year 2007-2008, the amount awarded shall not exceed $2,500 each semester or its equivalent. For academic year 2008-2009 and each year thereafter, the maximum amount that may be awarded shall be increased by an amount equal to the percentage increase in the CPI (urban) during the preceding fiscal year as certified to the executive officer by the director of the budget on August 15 of each year.
(c) If a student is not enrolled on a full-time basis, a student shall complete the course of study within the time period specified in the agreement and shall receive a proportionate amount of the scholarship allowed under subsection (b) based upon the number of hours enrolled in an academic period, and computed as a fraction of the total number of credit hours required for full-time enrollment.
History: L. 1990, ch. 273, § 3; L. 1991, ch. 236, § 2; L. 2001, ch. 151, § 21; L. 2002, ch. 118, § 6; L. 2005, ch. 194, § 21; L. 2007, ch. 173, § 13; July 1.
(a) An applicant for designation as a qualified student and for the award of a scholarship under the teacher service scholarship program shall provide to the executive officer, on forms supplied by the executive officer, information required by the executive officer.
(b) As a condition to awarding a scholarship under this act, the executive officer and the applicant shall enter into an agreement which shall require the applicant to:
(1) Complete the required course of instruction as specified in the agreement;
(2) obtain and maintain necessary licensure and endorsement as specified in the agreement;
(3) engage in teaching in Kansas in an underserved area or in a hard-to-fill teaching discipline and comply with such other terms and conditions as may be specified by such agreement;
(4) commence teaching on a full-time basis in Kansas in an accredited public or private elementary or secondary school in accordance with the agreement and continue teaching on a full-time basis for a period of not less than the length of the course of instruction for which the scholarship was awarded or commence teaching on a part-time basis in Kansas in an accredited public or private elementary or secondary school in accordance with the agreement and continue teaching on such a part-time basis for a period of time that is equivalent to full time, as determined by the state board of regents, multiplied by the length of the course of instruction for which the scholarship was awarded;
(5) commence teaching in Kansas on a full-time or part-time basis within six months after licensure and continue teaching for the period of time required by the agreement;
(6) maintain records and make reports to the executive officer as required by the executive officer to document the satisfaction of the obligations under this act and the agreement; and
(7) upon failure to satisfy an agreement to engage in teaching in an underserved area or in a hard-to-fill teaching discipline as specified in the agreement and for the required period of time under any such agreement, repay to the state amounts as provided in K.S.A. 74-32,104, and amendments thereto.
History: L. 1990, ch. 273, § 4; L. 1991, ch. 236, § 3; L. 2001, ch. 151, § 22; L. 2005, ch. 69, § 24; L. 2007, ch. 173, § 14; July 1.
(a) Except as provided in K.S.A. 74-32,105, and amendments thereto, upon the failure of any person to satisfy the obligation under any agreement entered into pursuant to the teacher service scholarship program, such person shall pay to the executive officer an amount equal to the total amount of money disbursed on behalf of such person pursuant to such agreement plus accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Amounts of payment under this section shall be adjusted proportionately for full years of the obligation that have been satisfied. Installment payments of any such amounts may be made in accordance with the provisions of the agreement entered into by the scholarship recipient or if no such provisions exist in such agreement, in accordance with rules and regulations of the state board of regents, except that such installment payments shall commence six months after the date of the action or circumstances that cause the failure of the person to satisfy the obligations of such agreements, as determined by the executive officer based upon the circumstances of each individual case. Amounts paid under this section to the executive officer shall be deposited in the teacher service scholarship repayment fund in accordance with K.S.A. 74-32,107, and amendments thereto.
(b) The state board of regents is authorized to turn any repayment account arising under the teacher service scholarship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
History: L. 1990, ch. 273, § 5; L. 1993, ch. 35, § 1; L. 2001, ch. 151, § 23; L. 2025, ch. 86, § 8; April 24.
(a) Except as otherwise specified in the agreement, an obligation under any agreement entered into under the teacher service scholarship program shall be postponed: (1) During any required period of active military service; (2) during any period of service as a part of volunteers in service to America (VISTA); (3) during any period of service in the peace corps; (4) during any period of service commitment to the United States public health service; (5) during any period of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on December 31, 2000; (6) during any period of time the person obligated is unable because of temporary medical disability to teach; (7) during any period of time the person obligated is enrolled and actively engaged on a full-time basis in a course of study leading to a degree in the field of education which is higher than that formerly attained; (8) during any period of time the person obligated is on job-protected leave under the federal family and medical leave act of 1993; or (9) during any period of time the state board of regents determines that the person obligated is unable because of special circumstances to teach. Except for clauses (6), (8) and (9), an obligation under any agreement entered into as provided in the teacher service scholarship program shall not be postponed more than five years from the time the obligation was to have been commenced under such agreement. An obligation under any agreement entered into as provided in the teacher service scholarship program shall be postponed under clause (6) during the period of time the medical disability exists. An obligation under any agreement entered into as provided in the teacher service scholarship program shall be postponed under clause (8) during the period of time the person obligated remains on FMLA leave. An obligation to engage in teaching in accordance with an agreement under the teacher service scholarship program shall be postponed under clause (9) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to teach, and shall determine the documentation required to prove the existence of such circumstances.
(b) An obligation under any agreement entered into as provided in the teacher service scholarship program shall be satisfied: (1) If the obligation has been completed in accordance with the agreement; (2) if the person obligated dies; (3) if, because of permanent physical disability, the person obligated is unable to satisfy the obligation; (4) if the person obligated fails to satisfy the requirements for a graduation from a teacher education program after making the best effort possible; (5) if the person obligated fails to satisfy all requirements for licensure to teach in Kansas or has been denied licensure after applying for a license to teach and making the best effort possible to obtain such license; or (6) if the person obligated is unable to obtain employment as a teacher in an underserved area or in a hard-to-fill teaching discipline as specified in the agreement after making the best effort possible to obtain such employment and the person obligated otherwise completes the terms, conditions and obligations of the agreement.
History: L. 1990, ch. 273, § 6; L. 2001, ch. 151, § 24; L. 2005, ch. 69, § 25; L. 2007, ch. 173, § 15; July 1.
The state board of regents shall adopt rules and regulations for administration of the teacher service scholarship program and shall establish terms, conditions and obligations which shall be incorporated into the provisions of any agreement entered into between the executive officer and an applicant for the award of a scholarship under the program. The terms, conditions and obligations shall be consistent with the provisions of law relating to the program and shall include, but not be limited to, the circumstances under which eligibility for financial assistance under the program may be terminated, the amount of financial assistance to be provided, the circumstances under which obligations may be discharged or forgiven, the amount of money required to be repaid because of failure to satisfy the obligations under an agreement and the method of repayment.
History: L. 1990, ch. 273, § 7; L. 1991, ch. 236, § 4; L. 2001, ch. 151, § 25; July 1.
(a) There is hereby created in the state treasury the teacher service scholarship program fund. The executive officer shall remit all moneys received under the teacher service scholarship program, which are paid because of nonattendance or discontinuance by scholarship recipients, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the teacher service scholarship program fund. All expenditures from the teacher service scholarship program fund shall be for scholarships awarded under the teacher service scholarship program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person designated by the executive officer.
(b) There is hereby created in the state treasury the teacher service scholarship repayment fund. The executive officer shall remit all moneys received under the teacher service scholarship program, which are for payment of amounts pursuant to K.S.A. 74-32,104, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the teacher service scholarship repayment fund. All expenditures from the teacher service scholarship repayment fund shall be for scholarships awarded under the teacher service scholarship program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person designated by the executive officer.
History: L. 1990, ch. 273, § 8; L. 1993, ch. 35, § 2; L. 2001, ch. 151, § 26; L. 2002, ch. 164, § 6; July 1.
History: L. 1990, ch. 273, § 8; L. 1993, ch. 35, § 2; L. 2001, ch. 5, § 317; Repealed, L. 2002, ch. 164, § 9; July 1.
(a) As used in this section:
(1) "Board" means the state board of regents.
(2) "Institution" means a state educational institution as defined by K.S.A. 76-711, and amendments thereto, and Washburn University.
(3) "Program" means the teacher education competitive grant program established by this section.
(4) "Hard-to-fill teaching discipline" means a teaching discipline in which there is a critical shortage of teachers as determined and specified by the state board of education.
(5) "Underserved area" means a geographic area of the state in which there is a critical shortage of teachers as determined by the state board of education.
(6) "Teacher education program" means a program specifically targeted at increasing the number of students who complete a course of instruction leading to licensure as a teacher in a hard-to-fill teaching discipline or who agree to teach in an underserved area.
(b) There is hereby established the teacher education competitive grant program. Subject to the limitations of appropriations therefor, any institution which desires to establish or expand a teacher education program may submit an application for a competitive grant of moneys in an amount to be determined by the board for the purpose of paying the costs of establishing or expanding a teacher education program and any operating expenses related thereto. Grants shall be matched on the basis of $2 from the teacher education grant program for $1 from the institution receiving the grant. Grant moneys may be expended for creation of new teacher education programs or the expansion of existing teacher education programs provided by an institution.
(c) In order to be eligible for a grant under this section, the institution shall submit to the board an application for a grant. The application shall be prepared in such form and manner as required by the board and shall be submitted at a time to be determined and specified by the board.
(d) The board shall establish standards and criteria for reviewing, evaluating and approving applications for grants submitted pursuant to this section. All grants shall be awarded by the board in accordance with the standards and criteria established by the board. Within the limitations of appropriations therefor, the state board shall determine the amount and number of grants and be responsible for payment of grants to institutions.
(e) Each institution which is awarded a grant under this section shall make such periodic and special reports of statistical and financial information to the board as it may request.
(f) This section shall be part of and supplemental to the teacher service scholarship program.
History: L. 2007, ch. 173, § 16; July 1.
At least 70% of the moneys appropriated to the state board for the purposes of the teacher service scholarship program shall be expended for the purpose of awarding teacher service scholarships under K.S.A. 74-32,102, and amendments thereto.
History: L. 2007, ch. 173, § 17; July 1.
(a) On or before January 14, 2009, the state board shall submit a report to the legislature relating to the administration of the teacher service scholarship program and the teacher education competitive grant program. The report shall include the following information for the time period beginning on July 1, 2007 and ending on October 1, 2008:
(1) The number of scholarships awarded under K.S.A. 74-32,102, and amendments thereto.
(2) The average amount of scholarships awarded under K.S.A. 74-32,102, and amendments thereto.
(3) The aggregate amount of scholarships awarded under K.S.A. 74-32,102, and amendments thereto.
(4) The number of scholarships which were awarded under K.S.A. 74-32,102, and amendments thereto, to applicants enrolled in courses of instruction leading to licensure as a teacher in hard-to-fill teaching disciplines and what those hard-to-fill teaching disciplines are.
(5) The number of scholarships which were awarded under K.S.A. 74-32,102, and amendments thereto, to applicants enrolled in courses of instruction leading to licensure as a teacher in an underserved area and what those underserved areas are.
(6) The number of grants awarded under K.S.A. 74-32,107b, and amendments thereto and the name of the postsecondary institutions to which the grants were awarded.
(7) The average amount of grants awarded under K.S.A. 74-32,107b, and amendments thereto.
(8) The aggregate amount of grants awarded under K.S.A. 74-32,107b, and amendments thereto and the aggregate amount awarded to each postsecondary institution.
(b) The report also shall contain information relating to the need for the program and progress made under the program including, but not limited to:
(1) The number of vacant positions on July 1, 2007, in school districts in hard-to-fill teaching disciplines or in underserved areas.
(2) The number of vacant positions in hard-to-fill teaching disciplines or underserved areas on October 1, 2008.
(3) Other information deemed necessary by the state board.
History: L. 2007, ch. 173, § 18; July 1.
History: L. 1991, ch. 270, §§ 1 to 4; Repealed, L. 1994, ch. 84, § 6; July 1.
(a) This act shall be known and may be cited as the Kansas ethnic minority fellowship program.
(b) The legislature hereby finds that: (1) The enrollment of certain ethnic minority students in graduate programs is low and declining; and (2) the ratio of graduate students who receive teaching and research assistantships is lower for ethnic minority students than for Caucasian students.
(c) The legislature hereby declares that it is the intention of this act to provide for a program under which the state in cooperation with the state educational institutions may award grants of financial assistance in the form of fellowships to qualified ethnic minority graduate students as a means of recruiting and retaining ethnic minority students in the graduate programs of the state educational institutions in order to enhance the diversity of the student population.
History: L. 1993, ch. 47, § 1; L. 2001, ch. 151, § 27; July 1.
As used in this act:
(a) "Kansas ethnic minority fellowship program" means a program under which grants of financial assistance in the form of fellowships are awarded to qualified ethnic minority graduate students.
(b) "Qualified ethnic minority graduate student" means a person who: (1) Is a citizen of the United States; (2) is a member of an ethnic minority group; (3) has been accepted for admission to or is enrolled full time in a graduate program at a state educational institution; and (4) has qualified for the award of a fellowship under the Kansas ethnic minority fellowship program on the basis of having demonstrated scholastic ability, or who has previously so qualified and remains qualified for renewal of the fellowship on the basis of remaining in good standing and making satisfactory progress toward completion of the requirements of the graduate program in which enrolled.
(c) "Ethnic minority group" means a group of persons categorized as: (1) American Indian; (2) Asian or Pacific Islander; (3) Black, non-Hispanic; or (4) Hispanic.
(d) "American Indian" means a person having origins in the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.
(e) "Asian" or "Pacific Islander" means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or Pacific Islands, including, but not by way of limitation, persons from China, Japan, Korea, the Philippine Islands, Samoa, India, Laos, Vietnam, or Cambodia.
(f) "Black, non-Hispanic" means a person having origins in any of the black racial groups of Africa (except those of Hispanic origin).
(g) "Hispanic" means a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.
(h) "State educational institution" has the meaning ascribed thereto in K.S.A. 76-711, and amendments thereto.
(i) "Executive officer" means the executive officer of the state board of regents, appointed under K.S.A. 74-3203a, and amendments thereto.
History: L. 1993, ch. 47, § 2; L. 2001, ch. 151, § 28; July 1.
(a) A fellowship may be awarded under the Kansas ethnic minority fellowship program to any qualified ethnic minority graduate student and may be renewed for each such student who remains qualified for the fellowship. Subject to appropriations therefor, the number of new fellowships awarded under the program in each year shall not exceed 40. Determination of the graduate students qualified for such fellowships shall be made by the executive officer in consultation with the chief academic officers of the state educational institutions. The state board of regents shall establish, by rules and regulations, indicators of scholastic ability for determination of the qualifications of ethnic minority graduate students for the award of fellowships under the program.
(b) A fellowship awarded under the program shall provide for payment to a qualified ethnic minority graduate student of a stipend in an amount not to exceed the amount of the cost of attendance for an academic year at the state educational institution in which the graduate student is enrolled. Such stipends may be enhanced by the state educational institutions. A qualified ethnic minority graduate student may be awarded a fellowship in each academic year until the requirements of the graduate program in which the student is enrolled are completed.
History: L. 1993, ch. 47, § 3; L. 1994, ch. 66, § 1; L. 2001, ch. 151, § 29; July 1.
(a) An applicant for designation as a qualified ethnic minority graduate student and for the award of a fellowship under the Kansas ethnic minority fellowship program shall provide such information to the executive officer as the executive officer may require.
(b) As a condition to awarding a fellowship under this act, the executive officer and the applicant shall enter into an agreement which shall require the applicant to:
(1) Complete the requirements of the graduate program in which enrolled;
(2) enter into the full-time employment in Kansas of an accredited elementary or secondary school or an accredited institution of postsecondary education and continue in such employment for a period of time not less than the period for which financial assistance was provided under the program or enter into the part-time employment in Kansas of an accredited elementary or secondary school or an accredited institution of postsecondary education and continue in such employment for a period of time that is equivalent to full time, as determined by the state board of regents, multiplied by the period for which financial assistance was provided under the program;
(3) enter into the full-time or part-time employment in Kansas of an accredited elementary or secondary school or an accredited institution of postsecondary education within six months after completion of the requirements of the graduate program in which enrolled or within six months after completion of the requirements of such program and certification to teach if necessary, whichever is later, and continue such employment for the period of time required by the agreement;
(4) maintain records and make reports to the executive officer as required by the executive officer to document the satisfaction of the obligations under this act and the agreement; and
(5) upon failure to satisfy any obligation under this act or the agreement, repay to the state amounts as provided in K.S.A. 74-32,116, and amendments thereto.
History: L. 1993, ch. 47, § 4; L. 2001, ch. 151, § 30; July 1.
(a) Except as provided in K.S.A. 74-32,117, and amendments thereto, upon the failure of a person to satisfy any obligation under an agreement entered into in accordance with the Kansas ethnic minority fellowship program, such person shall pay to the executive officer an amount equal to the total amount of money disbursed on behalf of such person pursuant to such agreement plus accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Amounts of payment under this section shall be adjusted proportionately for full years of performance of the obligations that have been satisfied. Installment payments of any such amounts may be made in accordance with the provisions of the agreement entered into by the fellowship recipient or if no such provisions exist in such agreement, in accordance with rules and regulations of the state board of regents, except that such installment payments shall commence six months after the date of the action or circumstances that cause the failure of the person to satisfy the obligations of such agreements, as determined by the executive officer based upon the circumstances of each individual case. Amounts paid under this section to the executive officer shall be deposited in the Kansas ethnic minority fellowship program fund in accordance with K.S.A. 74-32,119, and amendments thereto.
(b) The state board of regents is authorized to turn any repayment account arising under the Kansas ethnic minority fellowship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
History: L. 1993, ch. 47, § 5; L. 2001, ch. 151, § 31; L. 2025, ch. 86, § 9; April 24.
(a) Except as otherwise specified in the agreement, an obligation under any agreement entered into in accordance with the Kansas ethnic minority fellowship program shall be postponed: (1) During any required period of active military service; (2) during any period of service as a part of volunteers in service to America (VISTA); (3) during any period of service in the peace corps; (4) during any period of service commitment to the United States public health service; (5) during any period of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on December 31, 2000; (6) during any period of time in which the person obligated is unable because of temporary medical disability to commence or continue performance in satisfaction of the obligation; (7) during any period of time the person obligated is enrolled and actively engaged on a full-time basis in a graduate program leading to a degree which is higher than that formerly attained; (8) during any period of time the person obligated is on job-protected leave under the federal family and medical leave act of 1993; or (9) during any period of time the state board of regents determines that the person obligated is unable because of special circumstances to commence or continue performance in satisfaction of the obligation. Except for clauses (6), (8) and (9), an obligation under any agreement entered into in accordance with the Kansas ethnic minority fellowship program shall not be postponed more than five years from the time performance of the obligation was to have been commenced under any such agreement. An obligation under any agreement entered into in accordance with the program shall be postponed under clause (6) during the period of time the medical disability exists. An obligation under any agreement entered into in accordance with the program shall be postponed under clause (8) during the period of time the person obligated remains on FMLA leave. An obligation to commence or continue performance in satisfaction of the obligation in accordance with an agreement under the Kansas ethnic minority fellowship program shall be postponed under clause (9) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to commence or continue performance in satisfaction of the obligation, and shall determine the documentation required to prove the existence of such circumstances.
(b) An obligation under any agreement entered into in accordance with the Kansas ethnic minority fellowship program shall be satisfied: (1) If performance of the obligation has been completed in accordance with the agreement; (2) if the person obligated dies; (3) if, because of permanent physical disability, the person obligated is unable to satisfy the obligation; (4) if the person obligated fails to satisfy the requirements of the graduate program in which enrolled after making the best effort possible; (5) if the person obligated fails to satisfy all requirements for certification to teach in Kansas, if certification is necessary to obtain employment as provided in the agreement; or (6) if the person obligated is unable to obtain employment in an accredited elementary or secondary school or an accredited institution of postsecondary education in Kansas and to continue in such employment after making the best effort possible.
History: L. 1993, ch. 47, § 6; L. 2001, ch. 151, § 32; July 1.
(a) The state board of regents shall adopt rules and regulations for administration of the Kansas ethnic minority fellowship program and shall establish terms, conditions and obligations which shall be incorporated into the provisions of any agreement entered into between the executive officer and an applicant for the award of a fellowship under the program. The terms, conditions and obligations shall be consistent with the provisions of law relating to the program and shall include, but not be limited to, the circumstances under which eligibility for financial assistance under the program may be terminated, the amount of financial assistance to be provided, the circumstances under which obligations may be discharged or forgiven, the amount of money required to be repaid because of failure to satisfy the obligations under an agreement and the method of repayment.
(b) The state board of regents shall review the Kansas ethnic minority fellowship program annually to determine if the program is meeting the intention of the legislature and to make recommendations to the legislature for continuance, discontinuance, expansion, or contraction of the program.
History: L. 1993, ch. 47, § 7; L. 2001, ch. 151, § 33; July 1.
There is hereby created in the state treasury the Kansas ethnic minority fellowship program fund. The executive officer shall remit all moneys received under the program to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas ethnic minority fellowship program fund. All expenditures from the Kansas ethnic minority fellowship program fund shall be for fellowships awarded under the program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person designated by the executive officer.
History: L. 1993, ch. 47, § 8; L. 2001, ch. 5, § 318; July 1.
As used in this act: (a) "Kansas comprehensive grant program" means a program under that* the state, in recognition that the provision of higher education for all residents of the state who have the desire and ability to obtain such education is an important public purpose and in response to the concern that many residents of the state are deterred by financial considerations from attending institutions of higher education, provides assistance to students with financial need through the award of grants.
(b) "Kansas comprehensive grant" means an award of financial assistance under the Kansas comprehensive grant program to an eligible Kansas student.
(c) "Financial need" means the difference between a student's available financial resources and the student's total anticipated cost of attendance at a certain Kansas educational institution. A student's financial resources shall be determined on the basis of criteria provided under the federal methodology of need analysis.
(d) "Full-time, in-state student" means a person who is a resident of Kansas and who is enrolling or enrolled at a Kansas educational institution for at least 12 credit hours each semester or the equivalent thereof. The board of regents shall determine the number of hours for terms other than semesters to constitute the equivalent of 12 credit hours.
(e) "Kansas student" means a full-time, in-state student who has established financial need and who is initially acceptable for entering a Kansas educational institution or who has so entered and is in good standing and making satisfactory progress toward graduation.
(f) "Kansas educational institution" means a state educational institution under the control and supervision of the board of regents, a municipal university or a not-for-profit independent institution of higher education that is accredited by an accrediting agency or association recognized by the United States department of education in the database maintained by such department, is operated independently and not controlled or administered by the state or any agency or subdivision thereof, maintains open enrollment and the main campus or principal place of operation of which is located in Kansas.
(g) "Open enrollment" means the policy of an institution of higher education that provides the opportunity of enrollment for any student who meets its academic and other reasonable enrollment requirements, without regard for race, gender, religion, creed or national origin.
(h) "Board of regents" means the state board of regents provided for in the constitution of this state and described in article 32 of chapter 74 of Kansas Statutes Annotated.
(i) "Term" means one of two or more divisions of an academic year of a Kansas educational institution in which substantially all courses begin and end at substantially the same time and during which instruction is regularly given to students.
(j) "Semester" means one of two principal terms, when there are only two principal terms in the academic year, whether or not there are other shorter terms during the same academic year.
History: L. 1993, ch. 28, § 1; L. 1998, ch. 165, § 1; L. 2006, ch. 69, § 2; L. 2025, ch. 14, § 5; July 1.
A Kansas comprehensive grant may be awarded to any Kansas student enrolled at any Kansas educational institution. A Kansas student may be awarded grants for not more than eight semesters of undergraduate study or the equivalent thereof, except that a student may be awarded grants for not more than an additional two semesters of study, or the equivalent thereof, when the requirements of the educational program in which the student is enrolled include the completion of a fifth year of study. The board of regents shall determine the equivalent of a semester when all or part of the terms for which a Kansas student is awarded a Kansas comprehensive grant are not semesters.
History: L. 1993, ch. 28, § 2; L. 1998, ch. 165, § 2; July 1.
(a) The amount of a Kansas comprehensive grant awarded to a Kansas student for the fall and spring semesters, or the equivalent thereof, shall be (1) for a student enrolled at a state educational institution or municipal university, the amount of the student's financial need for the period, except that a grant awarded to such a student in any year shall not exceed an amount equal to one-half of the average amount of the total tuition and fees required of full-time, in-state students for enrollment at the state educational institutions for two semesters or the equivalent thereof, and (2) for a student enrolled at an independent institution of higher education, the amount of the student's financial need for the period, except that a grant awarded to such a student in any year shall not exceed the lesser of an amount equal to the total tuition and required fees of the student for two semesters, or the equivalent thereof, or an amount equal to one-half of the difference between the average amount of the total tuition and required fees of full-time, in-state students who are enrolled at the state educational institutions and the average amount of the total tuition and required fees of full-time, in-state students who are enrolled at the independent institutions of higher education.
(b) When Kansas comprehensive grants are awarded to a Kansas student for one or more terms that are not semesters, the board of regents shall determine the equivalent of the fall and spring semesters.
History: L. 1993, ch. 28, § 3; L. 1998, ch. 165, § 3; July 1.
(a) A Kansas comprehensive grant may be paid annually for both the fall and spring semesters, or the equivalent thereof. Payments under any such grant shall be allocated equally between the semesters, when the student plans to attend two semesters in an academic year, and otherwise as specified by the board of regents. Kansas comprehensive grants shall be paid at the beginning of each semester or other term upon certification by the Kansas educational institution that the student is enrolled and is a Kansas student. Payments of Kansas comprehensive grants shall be made pursuant to vouchers approved by the administrative officer of the board of regents designated by the board upon warrants of the director of accounts and reports. Payments of Kansas comprehensive grants may be made by the issuance of a single warrant to each Kansas educational institution at which a Kansas student is enrolled for the total amount of grants for all Kansas students enrolled at that institution. The director of accounts and reports shall cause such warrant to be delivered to the Kansas educational institution at which such student or students are enrolled. Upon receipt of such warrant, the amount thereof shall be credited to the Kansas comprehensive grant fund of the Kansas educational institution and allocated within the fund to the account of each Kansas student enrolled at that institution. The amount to be credited to the account of each such student shall be specified by the board of regents.
(b) If a student discontinues attendance before the end of any semester or other term, after the Kansas educational institution has received payment under this section, the institution shall debit the account of the student by an amount equal to the entire amount which such student would otherwise qualify to have refunded, not to exceed the amount credited to the account of the student under the Kansas comprehensive grant program at the beginning of such semester or term and, if the student has received payments under any federal program of student assistance in the semester or other term, less an amount equal to the pro rata share of such entire amount which is attributable to the assistance received by the student under such federal program or programs.
(c) All amounts debited by a Kansas educational institution under subsection (b) shall be reallocated within the Kansas comprehensive grant fund of the institution to the account of other eligible Kansas students as specified by the board of regents.
History: L. 1993, ch. 28, § 4; L. 1998, ch. 165, § 4; July 1.
(a) The board of regents shall administer the Kansas comprehensive grant program and shall:
(1) Provide information regarding application procedures;
(2) adopt rules and regulations for determining financial need and cost of attendance at Kansas educational institutions, determining the average amount of tuition and fees required of full-time, in-state students for enrollment at the state educational institutions, the municipal university, and the independent institutions of higher education, determining residence, determining priority or apportionment of Kansas comprehensive grants and other matters necessary for administration of the program;
(3) allocate as base funding to each Kansas educational institution the amount of Kansas comprehensive grant funds awarded to the institution for fiscal year 1999; or, in the event funding is less than that provided for fiscal year 1999, the pro-rated share of that appropriation;
(4) appoint a five-member advisory committee, including two representatives from state educational institutions, two representatives from not-for-profit independent institutions, and one representative from a municipal university, to recommend annually to the board of regents the formula to be used in apportioning funds in excess of the fiscal year 1999 appropriation to the Kansas educational institutions according to the formula based on financial need;
(5) approve Kansas students for the award of Kansas comprehensive grants; and
(6) evaluate the Kansas comprehensive grant program annually, and make a report thereon to the governor and legislature for the period.
(b) The board of regents may provide for apportionment of Kansas comprehensive grants if appropriations therefor are insufficient to pay all approved grants.
History: L. 1993, ch. 28, § 5; L. 1998, ch. 165, § 5; July 1.
Each applicant for a Kansas comprehensive grant, in accordance with rules and regulations of the board of regents, shall:
(a) Complete and file an application for a grant.
(b) Report promptly to the board of regents and to the Kansas educational institution at which the applicant is enrolled or enrolling any information requested relating to administration of the Kansas comprehensive grant program.
History: L. 1993, ch. 28, § 6; L. 1998, ch. 165, § 6; July 1.
History: L. 2006, ch. 69, § 1; Expired, June 30, 2011.
This act shall be known and may be cited as the advanced practice registered nurse service scholarship program.
History: L. 1993, ch. 48, § 1; L. 2001, ch. 151, § 41; L. 2011, ch. 114, § 71; January 1, 2012.
As used in this act:
(a) "Committee" means the nursing service scholarship review committee established under K.S.A. 74-3299, and amendments thereto.
(b) "Executive officer" means the chief executive officer of the state board of regents appointed under K.S.A. 74-3203a, and amendments thereto.
(c) "Educational and training program for advanced practice registered nurses" means a post-basic nursing education program a graduate of which meets the education requirements of the board of nursing for licensure as an advanced practice registered nurse.
(d) "Medically underserved area" means a practice location designated medically underserved by the secretary of health and environment.
(e) "Rural area" means any county of this state other than Douglas, Johnson, Sedgwick, Shawnee and Wyandotte counties.
History: L. 1993, ch. 48, § 2; L. 2001, ch. 151, § 42; L. 2002, ch. 103, § 6; L. 2011, ch. 114, § 72; January 1, 2012.
(a) There is hereby established the advanced practice registered nurse service scholarship program. Within the limits of appropriations therefor, a scholarship may be awarded under the program to any qualified student enrolled in or admitted to an educational and training program for advanced practice registered nurses. The number of scholarships awarded under the program in any year shall not exceed 12.
(b) The determination of the individuals qualified for scholarships shall be made by the executive officer after seeking advice from the committee. Scholarships shall be awarded on a priority basis to qualified applicants in the advanced practice registered nurse roles of nurse clinician or advanced practice registered nurse or clinical specialist who have the greatest financial need for such scholarships and who are residents of this state. To the extent practicable and consistent with the other provisions of this section, consideration shall be given to minority applicants.
(c) Scholarships awarded under the program shall be awarded for the length of the course of instruction required for graduation as an advanced practice registered nurse unless terminated before expiration of such period of time. Such scholarships shall provide (1) to a student enrolled in or admitted to an educational and training program for advanced practice registered nurses operated by a state educational institution the payment of an amount not to exceed 70% of the cost of attendance for a year, and (2) to a student enrolled in or admitted to an educational and training program for advanced practice registered nurses operated by an independent institution of higher education the payment of an amount not to exceed 70% of the average amount of the cost of attendance for a year in educational and training programs for advanced practice registered nurses operated by the state educational institutions. The amount of each scholarship shall be established annually by the executive officer and shall be financed by the state of Kansas.
History: L. 1993, ch. 48, § 3; L. 2001, ch. 151, § 43; L. 2011, ch. 114, § 73; January 1, 2012.
(a) An applicant for a scholarship under the advanced practice registered nurse service scholarship program shall provide to the executive officer, on forms supplied by the executive officer, the following information:
(1) The name and address of the applicant;
(2) the name and address of the educational and training program for advanced practice registered nurses in which the applicant is enrolled or to which the applicant has been admitted; and
(3) any additional information which may be required by the executive officer.
(b) As a condition to awarding a scholarship under this act, the executive officer and the applicant for a scholarship shall enter into an agreement which shall require that the scholarship recipient:
(1) Engage as a full-time student in and complete the required course of instruction leading to the licensure as an advanced practice registered nurse;
(2) within six months after graduation from the educational and training program for advanced practice registered nurses, commence full-time practice as an advanced practice registered nurse, or commence the equivalent to full-time practice, or commence part-time practice as an advanced practice registered nurse, in a rural area or a medically underserved area, continue such practice for the total amount of time required under the agreement, and comply with such other terms and conditions as may be specified by the agreement;
(3) commence full-time practice, or the equivalent to full-time practice, as an advanced practice registered nurse in a rural area or medically underserved area and continue such full-time practice, or the equivalent to full-time practice, in a rural area or medically underserved area for the total amount of time required under the agreement, which shall be for a period of not less than the length of the course of instruction for which the scholarship assistance was provided, or commence part-time practice in a rural area or medically underserved area and continue such part-time practice in a rural area or medically underserved area for the total amount of time required under the agreement, which shall be for a period of time that is equivalent to full time, as determined by the state board of regents, multiplied by the length of the course of instruction for which the scholarship assistance was provided;
(4) maintain records and make reports to the executive officer as may be required by the executive officer to document the satisfaction of the obligation under this act; and
(5) upon failure to satisfy an agreement to engage in full-time practice as an advanced practice registered nurse, or the equivalent to full-time practice, or in part-time practice, in a rural area or medically underserved area for the required period of time under any such agreement, repay to the state amounts as provided in K.S.A. 74-32,135, and amendments thereto.
History: L. 1993, ch. 48, § 4; L. 2001, ch. 151, § 44; L. 2011, ch. 114, § 74; January 1, 2012.
(a) Except as provided in K.S.A. 74-32,136, and amendments thereto, upon the failure of any person to satisfy the obligation under any agreement entered into pursuant to this act, such person shall pay to the executive officer an amount equal to the total amount of money disbursed on behalf of such person pursuant to such agreement that is financed by the state of Kansas plus accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Installment payments of such amounts may be made in accordance with rules and regulations of the state board of regents, except that such installment payments shall commence six months after the date of the action or circumstances that cause the failure of the person to satisfy the obligations of such agreements, as determined by the executive officer based upon the circumstances of each individual case. Amounts paid under this section to the executive officer shall be deposited in the advanced practice registered nurse service scholarship program fund in accordance with K.S.A. 74-32,138, and amendments thereto.
(b) The state board of regents is authorized to turn any repayment account arising under the advanced practice registered nurse service scholarship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
History: L. 1993, ch. 48, § 5; L. 2001, ch. 151, § 45; L. 2011, ch. 114, § 75; L. 2025, ch. 86, § 10; April 24.
(a) An obligation under any agreement entered into under the advanced practice registered nurse service scholarship program shall be postponed: (1) During any required period of active military service; (2) during any period of service in the peace corps; (3) during any period of service as a part of volunteers in service to America (VISTA); (4) during any period of service commitment to the United States public health service; (5) during any period of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on December 31, 2000; (6) during any period of time the person obligated is unable because of temporary medical disability to practice as an advanced practice registered nurse; (7) during any period of time the person obligated is enrolled and actively engaged on a full-time basis in a course of study leading to a graduate degree in a field for which such person was awarded a scholarship under this act which degree is higher than that formerly attained; (8) during any period of time the person obligated is on job-protected leave under the federal family and medical leave act of 1993; or (9) during any period of time the state board of regents determines that the person obligated is unable because of special circumstances to practice as an advanced practice registered nurse. Except for clauses (6), (8) and (9), an obligation under any agreement entered into as provided in the advanced practice registered nurse service scholarship program shall not be postponed more than five years from the time the obligation was to have been commenced under any such agreement. An obligation under any agreement as provided in the advanced practice registered nurse service scholarship program shall be postponed under clause (6) during the period of time the medical disability exists. An obligation to engage in practice as an advanced practice registered nurse in accordance with an agreement under the advanced practice registered nurse service scholarship program shall be postponed under clause (8) during the period of time the person obligated remains on FMLA leave. An obligation to engage in practice as an advanced practice registered nurse in accordance with an agreement under the advanced practice registered nurse service scholarship program shall be postponed under clause (9) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to practice as an advanced practice registered nurse, and shall determine the documentation required to prove the existence of such circumstances.
(b) An obligation under any agreement entered into in accordance with the advanced practice registered nurse service scholarship program shall be satisfied: (1) If the obligation has been completed in accordance with the agreement; (2) if the person obligated dies; (3) if, because of permanent physical disability, the person obligated is unable to satisfy the obligation; (4) if the person obligated fails to satisfy the requirements for completion of the educational and training program after making the best effort possible to do so; or (5) if the person obligated is unable to obtain employment as an advanced practice registered nurse and continue in such employment after making the best effort possible to do so.
History: L. 1993, ch. 48, § 6; L. 2001, ch. 151, § 46; L. 2011, ch. 114, § 76; January 1, 2012.
The state board of regents, after consultation with the committee, may adopt rules and regulations establishing minimum terms, conditions and obligations which shall be incorporated into the provisions of any agreement under the advanced practice registered nurse service scholarship program. The terms, conditions and obligations shall be consistent with the provisions of law relating to the advanced practice registered nurse service scholarship program. The terms, conditions and obligations so established shall include, but not be limited to, the terms of eligibility for financial assistance under the advanced practice registered nurse service scholarship program, the amount of financial assistance to be offered, the length of practice in a rural area or medically underserved area required as a condition to the receipt of such financial assistance to be offered, the amount of money required to be repaid because of failure to satisfy the obligations under an agreement and the method of repayment and such other additional provisions as may be necessary to carry out the provisions of the advanced practice registered nurse service scholarship program. The state board of regents, after consultation with the committee, shall adopt rules and regulations establishing criteria for evaluating the financial need of applicants for scholarships and may adopt such other rules and regulations as may be necessary to administer the advanced practice registered nurse service scholarship program.
History: L. 1993, ch. 48, § 7; L. 2001, ch. 151, § 47; L. 2011, ch. 114, § 77; January 1, 2012.
There is hereby created in the state treasury the advanced practice registered nurse service scholarship program fund. The executive officer shall remit all moneys received under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of the advanced practice registered nurse service scholarship program fund. All expenditures from the advanced practice registered nurse service scholarship program fund shall be for scholarships awarded under this act and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person designated by the executive officer.
History: L. 1993, ch. 48, § 8; L. 2001, ch. 151, § 48; L. 2002, ch. 164, § 7; L. 2011, ch. 114, § 78; January 1, 2012.
History: L. 1993, ch. 48, § 8; L. 2001, ch. 5, § 319; Repealed, L. 2002, ch. 164, § 9; July 1.
On the effective date of this act, the following state agency and office shall be and hereby are abolished:
(a) The state board of regents created by K.S.A. 74-3201, and amendments thereto; and
(b) the office of executive officer of the state board of regents provided to be appointed by K.S.A. 74-3203, and amendments thereto.
History: L. 1999, ch. 147, § 13; May 20.
For the purpose of concluding operations, the state board of regents and the office of executive officer of the state board of regents abolished by this act shall continue in existence until June 30, 1999. During such period of existence the abolished state board of regents and the executive officer of the abolished state board shall exercise all of the powers, duties and functions that were vested therein prior to abolition. Upon the expiration of such period of existence, the abolished state board of regents and the executive officer thereof shall cease all operations and shall have no further authority to act.
History: L. 1999, ch. 147, § 14; May 20.
(a) On July 1, 1999, all of the powers, duties, functions, records and property of the state agency and office abolished by this act, including the power to administer, expend and distribute funds now or hereafter made available in accordance with appropriation acts, shall be and hereby are transferred to and conferred and imposed upon the state board of regents established by K.S.A. 74-3202a, and amendments thereto. The state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall be the successor in every way to the powers, duties and functions of the abolished state agency and office, in which the same were vested prior to July 1, 1999. The state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall be a continuation of the abolished state agency and office, and every act performed under the authority of the state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall be deemed to have the same force and effect as if performed by the respective agency or office in which the authority to perform such act was vested prior to July 1, 1999.
(b) On and after July 1, 1999, whenever the state agency or office abolished by this act are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state board of regents established by K.S.A. 74-3202a and amendments thereto.
(c) All rules and regulations of the abolished state board of regents in existence on June 30, 1999, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the state board of regents established by K.S.A. 74-3202a, and amendments thereto, until revised, amended, revoked or nullified pursuant to law.
(d) All policies, orders and directives of the abolished state board of regents in existence on June 30, 1999, shall continue to be effective and shall be deemed to be orders and directives of the state board of regents established by K.S.A. 74-3202a, and amendments thereto, until revised, amended or nullified pursuant to law.
(e) On July 1, 1999, the state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall succeed to whatever right, title or interest the abolished state board of regents has acquired in any real property in this state, and the state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall hold the same for and in the name of the state of Kansas. On and after July 1, 1999, whenever any statute, contract, deed or other document concerns the power or authority of the abolished state board of regents to acquire, hold or dispose of real property or any interest therein, the state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall succeed to such power or authority.
(f) The state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall be a continuation of the abolished state board of regents.
History: L. 1999, ch. 147, § 15; May 20.
(a) The state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall provide that all officers and employees of the state board of education or the abolished state board of regents who are engaged in the exercise and performance of the powers, duties, and functions transferred by this act are transferred to the state board of regents established by K.S.A. 74-3202a, and amendments thereto, if the state board deems that the transfer of such officers and employees is necessary to the exercise and performance of such powers, duties and functions.
(b) Officers and employees of the state board of education or the abolished state board of regents who are transferred to the state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall retain all retirement benefits and leave rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs and abolition of classified service positions under the Kansas civil service act which may result from transfers of powers, duties and functions shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed by the state board of education or the abolished state board of regents prior to the date of transfer. The state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall be responsible for administering any layoff that is a part of the transfer. Notwithstanding the date of transfer of personnel from the state board of education or the abolished state board of regents to the state board of regents established by K.S.A. 74-3202a, and amendments thereto, pursuant to the provisions of this act, the date of such transfer shall be effective at the start of a payroll period.
History: L. 1999, ch. 147, § 16; May 20.
(a) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer or change effected by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.
(b) On July 1, 1999, the state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall succeed to all property and records which were used for or pertain to the performance of the powers, duties and functions transferred to such state board. Any conflict as to the proper disposition of property or records arising under this section, and resulting from any abolition or transfer of powers, duties and functions effected by or under authority of this act, shall be determined by the governor, whose decision shall be final.
History: L. 1999, ch. 147, § 17; May 20.
(a) On and after July 1, 1999, the state board of regents established by K.S.A. 74-3202a, and amendments thereto, shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the abolished state board of regents and the executive officer thereof.
(b) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the abolished state board of regents or the executive officer thereof in the official capacity of such board or officer or in relation to the discharge of official duties of such board or officer, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the state board of regents established by K.S.A. 74-3202a, and amendments thereto.
(c) No criminal action commenced or which could have been commenced by the state shall abate by reason of the governmental reorganization effected under the provisions of this act.
History: L. 1999, ch. 147, § 18; May 20.
(a) On July 1, 1999, the balance of all funds appropriated and reappropriated to the abolished state board of regents is hereby transferred to the state board of regents established by K.S.A. 74-3202a, and amendments thereto, and shall be used only for the purpose for which the appropriation was originally made.
(b) On July 1, 1999, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the abolished state board of regents shall be assumed and paid by the state board of regents established by K.S.A. 74-3202a, and amendments thereto.
History: L. 1999, ch. 147, § 19; May 20.
(a) On July 1, 1999, the community colleges established and existing under the laws of this state shall be and hereby are transferred from the supervision of the state board of education to supervision and coordination by the state board of regents. The community colleges shall continue to be operated, managed and controlled by locally elected boards of trustees. The state board of regents shall exercise such supervision and coordination of the operation, management and control of community colleges as may be prescribed by law.
(b) On July 1, 1999, all of the powers, duties, functions, records and property of the state board of education relating to community college operations shall be and are hereby transferred to and conferred and imposed upon the state board of regents.
(c) On and after July 1, 1999, the state board of regents shall be the successor in every way to the powers, duties and functions of the state board of education relating to community college operations in which the same were vested prior to the effective date of this act. Every act performed by the state board of regents shall be deemed to have the same force and effect as if performed by the state board of education in which such functions were vested prior to July 1, 1999.
(d) On and after July 1, 1999, whenever the state board of education, or words of like effect, is referred to or designated by a statute, contract or other document relating to community college operations, such reference or designation shall be deemed to apply to the state board of regents.
(e) All rules and regulations, and all orders and directives of the state board of education relating to community college operations which are in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or orders and directives of the state board of regents until revised, amended, revoked or nullified pursuant to law.
(f) The unexpended balance of any appropriation for and any funds available to the state board of education for purposes relating to community college operations shall be transferred to the state board of regents on July 1, 1999.
(g) On and after July 1, 1999, all books, records and papers of the board of trustees of each community college shall be open and available, at all reasonable times, to the state board of regents and its designated officers, employees and agents.
(h) Except as otherwise specifically provided in this act, the transfer of supervision of the community colleges from the state board of education to supervision and coordination by the state board of regents shall not be construed in any manner so as to change or affect the operation, management and control of any community college or to change or affect any existing power, duty or function of a board of trustees with respect to such operation, management and control.
History: L. 1999, ch. 147, § 20; L. 2000, ch. 86, § 7; April 20.
(a) On July 1, 1999, the technical colleges, area vocational schools and area vocational-technical schools established and existing under the laws of this state shall be and hereby are transferred from the supervision of the state board of education to supervision and coordination by the state board of regents. The technical colleges, area vocational schools and area vocational-technical schools shall continue to be operated, managed and controlled by governing boards as provided for in article 32 of chapter 74 of [the] Kansas Statutes Annotated, and amendments thereto. The state board of regents shall exercise such supervision and coordination of the operation, management and control of technical colleges, area vocational schools and area vocational-technical schools as may be prescribed by law.
(b) On July 1, 1999, all of the powers, duties, functions, records and property of the state board of education relating to operations of technical colleges, area vocational schools and area vocational-technical schools shall be and are hereby transferred to and conferred and imposed upon the state board of regents.
(c) On and after July 1, 1999, the state board of regents shall be the successor in every way to the powers, duties and functions of the state board of education relating to operations of technical colleges, area vocational schools and area vocational-technical schools in which the same were vested prior to July 1, 1999. Every act performed by the state board of regents shall be deemed to have the same force and effect as if performed by the state board of education in which such functions were vested prior to July 1, 1999.
(d) On and after July 1, 1999, whenever the state board of education, or words of like effect, is referred to or designated by a statute, contract or other document relating to operations of technical colleges, area vocational schools or area vocational-technical schools, such reference or designation shall be deemed to apply to the state board of regents established.
(e) All rules and regulations, and all orders and directives of the state board of education relating to operations of technical colleges, area vocational schools and area vocational-technical schools which are in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or orders and directives of the state board of regents until revised, amended, revoked or nullified pursuant to law.
(f) The unexpended balance of any appropriation for and any funds available to the state board of education for purposes relating to operations of technical colleges, area vocational schools and area vocational-technical schools shall be transferred to the state board of regents on July 1, 1999.
(g) On and after July 1, 1999, all books, records and papers of the governing boards of technical colleges, area vocational schools and area vocational-technical schools shall be open and available, at all reasonable times, to the state board of regents and its designated officers, employees and agents.
(h) Except as otherwise specifically provided in this act, the transfer of supervision of the technical colleges, area vocational schools and area vocational-technical schools from the state board of education to supervision and coordination by the state board of regents shall not be construed in any manner so as to change or affect the operation, management and control of any technical college, area vocational school or area vocational-technical school or to change or affect any existing power, duty or function of the governing board of any technical college, area vocational school or area vocational-technical school with respect to such operation, management and control.
History: L. 1999, ch. 147, § 21; L. 2000, ch. 86, § 8; L. 2009, ch. 24, § 26; L. 2015, ch. 4, § 68; July 1.
(a) On July 1, 1999, the proprietary schools shall be and hereby are transferred from regulation by the state board of education to regulation by the state board of regents. The state board of regents shall exercise such regulatory authority over the operation of proprietary schools as may be prescribed by law.
(b) On July 1, 1999, all of the powers, duties, functions, records and property of the state board of education relating to regulation of proprietary school operations shall be and are hereby transferred to and conferred and imposed upon the state board of regents.
(c) On and after July 1, 1999, the state board of regents shall be the successor in every way to the powers, duties and functions of the state board of education relating to regulation of proprietary school operations in which the same were vested prior to the effective date of this act. Every act performed by the state board of regents shall be deemed to have the same force and effect as if performed by the state board of education in which such functions were vested prior to July 1, 1999.
(d) On and after July 1, 1999, whenever the state board of education, or words of like effect, is referred to or designated by a statute, contract or other document relating to regulation of proprietary school operations, such reference or designation shall be deemed to apply to the state board of regents.
(e) All rules and regulations, and all policies, orders and directives of the state board of education relating to proprietary school operations which are in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or policies, orders and directives of the state board of regents until revised, amended, revoked or nullified pursuant to law.
(f) The unexpended balance of any appropriation for and any funds available to the state board of education for purposes relating to regulation of proprietary school operations shall be transferred to the state board of regents on July 1, 1999.
(g) Except as otherwise specifically provided in this act, the transfer of regulation of the proprietary schools from the state board of education to regulation by the state board of regents shall not be construed in any manner so as to change or affect the operation of any proprietary school or to change or affect any existing power, duty or function of any owner, officer, director, agent or representative of a proprietary school.
History: L. 1999, ch. 147, § 22; May 20.
(a) On July 1, 1999, the responsibility for administration of adult basic education programs and adult supplementary education programs and for supervision of the administration of such programs by boards of education of school districts and boards of trustees of community colleges shall be and hereby is transferred from the state board of education to the state board of regents. Adult education programs shall continue to be conducted, maintained and administered by boards of education of school districts and boards of trustees of community colleges. The state board of regents shall exercise such administrative and supervisory authority over the conduct, maintenance and administration of adult education programs as may be prescribed by law.
(b) On July 1, 1999, all of the powers, duties, functions, records and property of the state board of education relating to administration and supervision of adult education programs shall be and are hereby transferred to and conferred and imposed upon the state board of regents.
(c) On and after July 1, 1999, the state board of regents shall be the successor in every way to the powers, duties and functions of the state board of education relating to administration and supervision of adult education programs in which the same were vested prior to the effective date of this act. Every act performed by the state board of regents shall be deemed to have the same force and effect as if performed by the state board of education in which such functions were vested prior to July 1, 1999.
(d) On and after July 1, 1999, whenever the state board of education, or words of like effect, is referred to or designated by a statute, contract or other document relating to administration and supervision of adult education programs, such reference or designation shall be deemed to apply to the state board of regents.
(e) The state plan for adult basic education, prepared and adopted by the state board of education pursuant to the provisions of the adult education act, which is in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted state plan of the state board of regents until revised, amended, revoked or nullified pursuant to law.
(f) All rules and regulations, and all orders and directives of the state board of education relating to administration and supervision of adult education programs which are in existence on July 1, 1999, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or orders and directives of the state board of regents until revised, amended, revoked or nullified pursuant to law.
(g) The unexpended balance of any appropriation for and any state and federal funds available to the state board of education for purposes relating to administration and supervision of adult education programs shall be transferred to the state board of regents on July 1, 1999.
(h) Except as otherwise specifically provided in this act, the transfer of responsibility for the administration of adult education programs and for supervision of the administration of adult education programs by boards of education and boards of trustees from the state board of education to administration and supervision by the state board of regents shall not be construed in any manner so as to change or affect the conduct, maintenance and administration of adult education programs.
History: L. 1999, ch. 147, § 23; May 20.
During the period of transition from general supervision by the state board of education of the community colleges, technical colleges, area vocational schools and area vocational-technical schools to supervision and coordination thereof by the state board of regents, from jurisdiction of the abolished state board of regents over the public universities to jurisdiction of the state board of regents established by K.S.A. 74-3202a, and amendments thereto, and from regulation by the state board of education of private and out-of-state postsecondary educational institutions to regulation thereof by the state board of regents, the state board of education and the abolished state board of regents shall provide such assistance as the state board of regents established by K.S.A. 74-3202a, and amendments thereto, may request in order to enable such state board of regents to assume in an orderly manner the exercise of powers and the performance of duties and functions transferred under authority of this act. During such period of transition, the state board of regents established by K.S.A. 74-3202a, and amendments thereto, may exercise such powers and perform such duties and functions relating to the control or supervision of postsecondary educational institutions as may be authorized by interagency agreements entered into with the abolished state board of regents or with the state board of education.
History: L. 1999, ch. 147, § 24; L. 2006, ch. 66, § 6; July 1.
K.S.A. 74-32,145 through 74-32,149, and amendments thereto, shall be known and may be cited as the Kansas national guard educational assistance act. It is the purpose of the Kansas national guard educational assistance act to establish an educational assistance program under which payment of the tuition and fees charged to eligible members of the Kansas national guard or an eligible dependent of such guard members for enrollment at Kansas educational institutions shall be provided for by the state.
History: L. 1996, ch. 261, § 1; L. 2025, ch. 15, § 1; July 1.
As used in the Kansas national guard educational assistance act:
(a) "Kansas educational institution" means and includes community colleges, the municipal university, state educational institutions, technical colleges, the institute of technology at Washburn university and any not-for-profit independent institution of higher education that is accredited by an institutional accrediting agency recognized by the United States department of education, is operated independently and not controlled or administered by the state or any agency or subdivision thereof, maintains open enrollment, offers online education and offers, exclusively, competency-based education programs.
(b) "Eligible guard member" means any current member of the Kansas national guard who is not under a suspension of favorable action flag or currently on the unit unfavorable information file.
(c) "Kansas national guard educational assistance program" or "program" means the program established pursuant to the provisions of the Kansas national guard educational assistance act.
(d) "Educational program" means a program that is offered and maintained by a Kansas educational institution and leads to the award of a certificate, diploma or degree upon satisfactory completion of course work requirements.
(e) "Dependent" means an individual who is registered as an eligible dependent of the sponsoring eligible guard member in the defense enrollment eligibility reporting system (DEERS).
History: L. 1996, ch. 261, § 2; L. 2002, ch. 118, § 1; L. 2006, ch. 125, § 1; L. 2011, ch. 97, § 41; L. 2018, ch. 36, § 1; L. 2025, ch. 15, § 2; July 1.
The state board of regents may adopt rules and regulations for the administration of the Kansas national guard educational assistance act and shall:
(a) Establish a mechanism to ensure distribution of funds for tuition and fee reimbursement to Kansas educational institutions;
(b) enter into a cooperative relationship with the adjutant general to ensure efficient operation of the program;
(c) develop and effectuate a system of accountability for all disbursements under the program and provide written reports as prescribed; and
(d) coordinate with the adjutant general a procedure to ensure initial and ongoing eligibility of all guard members and dependents who are program participants.
History: L. 1996, ch. 261, § 3; L. 2002, ch. 118, § 2; L. 2025, ch. 15, § 3; July 1.
(a) Subject to the availability of appropriations for the Kansas national guard educational assistance program and within the limits of any such appropriations, every eligible guard member or dependent who is enrolled at a Kansas educational institution and who is participating in the program shall receive assistance each semester in an amount equal to the tuition and required fees for not more than 15 credit hours. The aggregate number of credit hours for which assistance may be provided under the program shall not exceed 150% of the total credit hours required for the eligible guard member or dependent to complete such member's or such dependent's educational program.
(b) Eligible guard members may either personally participate or sponsor a dependent to participate in the Kansas national guard educational assistance program. Assistance available to such dependent under the program is subject to the availability of funds after educational benefits are fully funded for all eligible guard members participating in the Kansas national guard educational assistance program.
(c) Notwithstanding the provisions of subsection (a), the Kansas national guard educational assistance program shall not pay for the amount of tuition and required fees charged for any course repeated or taken in excess of the requirements for completion of the educational program in which the eligible guard member or dependent is enrolled. The amount of tuition and required fees paid an eligible guard member or dependent pursuant to subsection (a) shall be at a rate not to exceed the maximum rate that would be charged by a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, for enrollment of the eligible guard member or dependent.
(d) Amounts of assistance for which an eligible guard member or dependent is eligible to receive under this act shall be offset by the aggregate amount of federal financial assistance received by such guard member or dependent, as a result of active national guard membership, to pay the costs of tuition and fees for enrollment at Kansas educational institutions.
History: L. 1996, ch. 261, § 4; L. 2002, ch. 118, § 3; L. 2018, ch. 36, § 2; L. 2025, ch. 15, § 4; July 1.
(a) (1) In order for a member of the national guard or a dependent to qualify for participation in the Kansas national guard educational assistance program, an eligible guard member shall agree, in writing, to complete such member's current service obligation in the Kansas national guard and serve actively in good standing with the Kansas national guard for not less than 24 months upon completion of the last semester for which the member or dependent receives assistance under the program.
(2) In order for a member of the national guard to qualify for assistance from the Kansas national guard educational assistance program, an eligible guard member shall:
(A) Hold a high school diploma or high school equivalency credential;
(B) be enrolled at a Kansas educational institution; and
(C) not hold a baccalaureate or higher academic degree.
(3) An eligible guard member may only sponsor one dependent to participate in the Kansas national guard educational * program during such member's service.
(4) To qualify for assistance from the Kansas national guard educational assistance program, a dependent shall:
(A) Hold a high school diploma or high school equivalency credential;
(B) be enrolled at a Kansas educational institution;
(C) not hold a baccalaureate or higher academic degree; and
(D) complete and submit the Kansas student aid application with the state board of regents.
(5) Prior to becoming eligible for participation in the program, each eligible guard member or dependent shall submit the free application for federal student aid and apply for any other federal tuition assistance that such member or dependent also may be eligible to receive.
(b) In order to remain eligible for participation in the program, an eligible guard member or dependent shall remain in good standing at the Kansas educational institution where enrolled, make satisfactory progress toward completion of the requirements of the educational program in which enrolled and maintain a grade point average of not less than 2.0. The eligible guard member shall maintain satisfactory participation in the Kansas national guard. It shall be the responsibility of the eligible guard member to obtain a certificate from the member's commanding officer attesting to the member's satisfactory participation in the Kansas national guard and present the certificate to the educational institution, in order to obtain a payment under this act. The certificate shall be presented at the time payment is requested for completed courses. Upon completion of each semester, each eligible guard member or dependent receiving assistance under the program shall submit a transcript of the credit hours earned by such guard member or dependent, including the grades for credit hours, to such eligible member's unit of assignment.
(c) Upon failure of any person, who as an eligible guard member received payments or whose dependent received payments under the Kansas national guard educational assistance act, to satisfy the agreement to continue service in the Kansas national guard as provided by subsection (a)(1), such person shall pay to the state of Kansas an amount to be determined as follows:
(1) Determine the total amount of assistance paid to such member or dependent under the program;
(2) divide the amount determined under subsection (c)(1) by 24; and
(3) multiply the amount determined under subsection (c)(2) by the number of months such member did not serve as required by subsection (a)(1). The resulting product is the total amount of recoupment from such member.
All amounts paid to the state under this subsection shall be deposited in the state treasury and credited to the Kansas national guard educational assistance program repayment fund created by K.S.A. 74-32,150, and amendments thereto.
(d) Any eligible guard member that received payments, or whose dependent received payments, under the program but has failed to satisfy the agreement to continue service in the Kansas national guard as provided by subsection (a)(1) by reason of extenuating circumstances or extreme hardship may request a waiver from recoupment. Such request shall be in writing and submitted through such member's chain of command to the Kansas national guard education services office. The chief of staff of the Kansas army national guard or the director of staff for the Kansas air national guard shall review all requests for a waiver from recoupment, and the decision to issue such waiver shall be made by either officer as such officer deems appropriate.
History: L. 1996, ch. 261, § 5; L. 2002, ch. 118, § 4; L. 2018, ch. 36, § 3; L. 2019, ch. 9, § 1; L. 2025, ch. 15, § 5; July 1.
There is hereby created in the state treasury the Kansas national guard educational assistance program repayment fund. The state board of regents shall remit all moneys received under K.S.A. 74-32,149, and amendments thereto, to the state treasurer at least monthly. Upon receipt of each such remittance the state treasurer shall deposit the entire amount thereof in the state treasury, and such amount shall be credited to the Kansas national guard educational assistance program repayment fund. All expenditures from the Kansas national guard educational assistance program repayment fund shall be for payments of assistance under the Kansas national guard educational assistance act, and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer of the state board of regents or a person designated by the executive officer.
History: L. 2002, ch. 118, § 5; July 1.
(a) This section and K.S.A. 74-32,152 through 74-32,159, and amendments thereto, shall be known and may be cited as the workforce development loan program act.
(b) As used in the workforce development loan act, "postsecondary educational institution" shall have the meaning ascribed thereto by K.S.A. 74-3201b, and amendments thereto.
(c) Within the limits of appropriations and private contributions therefor, and in accordance with the provisions of this act, the state board of regents may award such loans to Kansas residents who are enrolled in or admitted to a technical college, community college, the institute of technology at Washburn university or associate degree programs at postsecondary educational institutions and who enter into a written agreement with the state board of regents as provided in K.S.A. 74-32,152, and amendments thereto.
(d) The board of regents may accept any private contributions to the program. The chief executive officer of the board of regents shall turn such contributions over to the state treasurer who shall deposit such moneys into the workforce development loan fund.
(e) After consultation with the secretaries of the Kansas department for children and families and the department of commerce, the board may establish a list of education programs in which an applicant must enroll to be eligible for a loan under this program.
(f) The loans shall be awarded on a priority basis to qualified applicants who have the greatest financial need with the highest priority given to those applicants with the greatest financial need who were in foster care on their 18th birthday or were released from foster care prior to their 18th birthday after having graduated from high school or completing the requirements for a general educational development (GED) certificate while in foster care. All loans shall be awarded to resident students attending technical colleges, community colleges, the institute of technology at Washburn university or associate degree programs at postsecondary educational institutions. Special preference shall also be established for residents drawing unemployment compensation or such residents who were laid off from employment within the prior six months. The board may also establish preferences for workers deemed to be eligible for North American free trade agreement transition assistance under United States department of labor standards or the Kansas department of labor standards.
(g) Loans awarded under this program shall be awarded on an annual basis and shall be in effect for one year unless otherwise terminated before the expiration of such period of time. Such loans shall be awarded for the payment of tuition, fees, books, room and board and any other necessary school related expenses.
History: L. 2002, ch. 127, § 1; L. 2003, ch. 154, § 29; L. 2004, ch. 179, § 99; L. 2005, ch. 186, § 19; L. 2011, ch. 97, § 42; L. 2014, ch. 115, § 298; July 1.
History: L. 2002, ch. 127, § 1; L. 2003, ch. 154, § 29; Revived and amended, L. 2004, ch. 185, § 24; Repealed, L. 2005, ch. 186, § 22; May 12.
(a) The applicant for a workforce development loan shall provide to the board of regents on forms provided by such board all information requested by such board.
(b) As a condition to awarding such loan, the state board of regents and the recipient of such loan shall enter into an agreement which shall require the person receiving the loan to:
(1) Complete the required course of instruction and receive the designated degree, certificate or diploma for that course of instruction;
(2) continue to live and work in Kansas, after the recipient's course of instruction is completed, in a field of work for which the recipient was trained using the skills attained under the course of instruction for which a loan was received, until the loan is totally forgiven. Agree that for each year of living and working in Kansas, ¼ of the total loan amount's principal and interest that accrued during the prior year shall be forgiven for the first three years and upon completion of the fourth year, the remaining balance of principal and interest of the loan shall be forgiven;
(3) agree that the service commitment for each agreement entered into under this section is in addition to the service commitment contained in any other agreement which has been or may be entered into under this section for the purpose of obtaining a loan;
(4) maintain records and make annual reports to the chief executive officer of the board of regents or such executive officer's designee as required to document the satisfaction of the agreement terms of the loan; and
(5) repay any amounts required upon the recipient's failure to complete the terms of the agreement.
(c) Such agreement shall establish a repayment schedule requiring the recipient to begin making payments one year after the discontinuance of the recipient's enrollment in a postsecondary educational institution, either by failure to attend, completion of the program or at such other times as the board deems appropriate.
History: L. 2002, ch. 127, § 2; July 1.
(a) Upon completion of the recipient's program of study, the recipient shall be eligible for forgiveness of the loan by living and working in Kansas.
(b) By annually providing to the board of regents the required documentation certifying that the recipient worked and lived in Kansas throughout the prior year. Such documentation shall be provided to the board of regents within 30 days of the annual due date calculated from the completion of the course of study.
(c) If the required documentation certifying that the recipient lived and worked in Kansas is not received in the prescribed time by the board, the remaining loan amount shall be due and payable as prescribed under K.S.A. 74-32,154 and amendments thereto.
History: L. 2002, ch. 127, § 3; L. 2025, ch. 86, § 11; April 24.
(a) Except as otherwise provided in K.S.A. 74-32,155, and amendments thereto, upon the failure of any person to satisfy an obligation incurred under the loan agreement as provided in K.S.A. 74-32,152, and amendments thereto, such person shall repay to the state treasurer an amount equal to the total of: (1) The amount of money disbursed on behalf of such person pursuant to such agreement; plus (2) accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(b) Each person required to repay any amount under this section shall repay an amount totaling the entire amount to be repaid under all such agreements for which obligations are not satisfied, including all amounts of interest at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Except as otherwise provided in this section, such repayment shall be made in installment payments determined by the state board of regents as provided in K.S.A. 74-32,152(c), and amendments thereto.
(c) All installment payments under this section shall commence six months after the date of the action or circumstance that causes the failure of the person to satisfy the obligations of such agreements, as determined by the state board of regents based upon the circumstances of each individual case. If an installment payment becomes 91 days overdue, the entire amount outstanding shall become immediately due and payable, including all amounts of interest at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(d) The total repayment obligation imposed under all agreements entered into as provided in K.S.A. 74-32,152, and amendments thereto, may be satisfied at any time prior to graduation by making a single lump-sum payment equal to the total of: (1) The entire amount to be repaid under all such agreements upon failure to satisfy the obligations under such agreements to practice in Kansas; plus (2) all amounts of interest accrued thereon at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(e) The state board of regents is authorized to turn any delinquent repayment account arising under the workforce development loan program to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
History: L. 2002, ch. 127, § 4; L. 2025, ch. 86, § 12; April 24.
(a) There is hereby established in the state treasury the workforce development loan fund. The state board of regents shall remit all moneys received under this act to the state treasurer at least monthly. Upon receipt of each such remittance the state treasurer shall deposit the entire amount thereof in the state treasury, and such amount shall be credited to the workforce development loan fund.
(b) The state treasurer, upon receipt of moneys from persons making payments under K.S.A. 74-32,152, 74-32,153 and 74-32,154, and amendments thereto, shall deposit the entire amount thereof in the state treasury, and such amount shall be credited to the workforce development loan fund. Moneys from the fund may be used to administer the workforce development loan program as authorized by appropriations acts.
(c) All expenditures from the workforce development loan fund shall be made for the purposes of this act and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer of the state board of regents or such executive officer's designee.
History: L. 2002, ch. 127, § 5; July 1.
(a) The state treasurer shall be the receiving agent for loan payments and credits received under the provisions of this act. The state treasurer shall keep a record of payments received from each person and credited to such person's account obligation.
(b) The state treasurer shall send all accounts which are three or more months delinquent to the executive officer of the state board of regents.
(c) The state treasurer shall adopt rules and regulations to administer the state treasurer's duties under the provisions of this act.
History: L. 2002, ch. 127, § 6; July 1.
(a) Except as otherwise specified in the agreement, an obligation under any agreement entered into under the workforce development loan program shall be postponed: (1) During any required period of active military service; (2) during any period of temporary medical disability during which the person obligated is unable to work; (3) during any period of time the person is on job-protected leave under the federal family and medical leave act of 1993; or (4) during any period of time the state board of regents determines that the person obligated is unable to work because of special circumstances. Under clause (1), an obligation to work and live in Kansas in accordance with an agreement under K.S.A. 74-32,152, and amendments thereto, shall not be postponed more than five years from the time the person's obligation to work and live in Kansas was to commence under any such agreement. An obligation to work and live in Kansas in accordance with an agreement under K.S.A. 74-32,152, and amendments thereto, shall be postponed under clause (2) during the period of time the medical disability exists. An obligation to work and live in Kansas in accordance with an agreement under K.S.A. 74-32,152, and amendments thereto, shall be postponed under clause (3) during the period of time the person obligated remains on family and medical leave act leave. An obligation to work and live in Kansas in accordance with an agreement under K.S.A. 74-32,152, and amendments thereto, shall be postponed under clause (4) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to work and live in Kansas and shall determine the documentation required to prove the existence of such circumstances.
(b) An obligation to work and live in Kansas in accordance with an agreement under K.S.A. 74-32,152, and amendments thereto, shall be satisfied: (1) If the obligation to work and live in Kansas has been completed in accordance with the agreement; (2) if the person obligated dies; and (3) if, because of permanent physical disability, the person obligated is unable to work and live in Kansas.
History: L. 2002, ch. 127, § 7; July 1.
If a person fails to satisfy an obligation to work and live in Kansas for the required period of time under an agreement entered into as provided in K.S.A. 74-32,152, and amendments thereto, because such person is working in or working and living in a state other than Kansas, and if such person is subject to or currently making repayments under such agreement, and if such person subsequently commences working and living in this state in compliance with the agreement, the balance of the repayment amount, including the interest thereon, from the time of commencement of working and living in Kansas until the obligation of such person is satisfied or until such time as such person again becomes subject to repayments, shall be waived. All repayment amounts due prior to commencement of working and living in this state again, including interest thereon, shall continue to be payable as provided under the agreement. If subsequent to commencement of working and living in this state, the person fails to satisfy the obligation to work and live in this state for the period of time specified in the agreement, the person again shall be subject to repayments, including interest thereon, as provided in the agreement.
History: L. 2002, ch. 127, § 8; July 1.
The state board of regents shall adopt rules and regulations for administration of the workforce development loan program and shall establish terms, conditions and obligations which shall be incorporated into the provisions of any agreement under this act.
History: L. 2002, ch. 127, § 9; July 1.
Financing of the workforce development loan program act shall be from moneys made available from the Kansas department of commerce received from the United States department of labor and the Kansas department for children and families received from the United States department of health and human services in accordance with the provisions of this section and in accordance with and subject to the provisions of Kansas appropriation acts.
The Kansas department of commerce shall provide funding for the purpose of this act which shall be limited to the use of federal department of labor workforce investment act funds which are returned to the state as unspent local WIA program year adult, youth and dislocated worker funds. Such unspent funds shall be converted to and identified as state-level set-aside funds for use in carrying out activities as provided under this act. The annual amount of such funds shall not exceed $500,000. The WIA set-aside funds shall be made available subject to the written approval from the United States department of labor authorizing the use of such for the purpose of this act and appropriated by the United States congress. Funding for this act by the Kansas department of commerce shall be contingent on the availability of WIA funding and shall terminate on or before the final WIA authorization date of June 30, 2005. Due to restrictions placed on the transfer of unspent federal funds to the state treasury and the need for timely disbursement of federal funds for WIA expenditures, the Kansas department of commerce shall develop in cooperation with the Kansas board of regents, a system for the reimbursement of actual expenses incurred pursuant to this act. Such reimbursement procedures shall be in compliance with acceptable federal department of labor and office of management and budget procedures established for the draw down and disbursement of federal WIA funds.
The secretary for children and families shall cooperate in the administration of the workforce development loan program act which may be funded with the $500,000 which is to be contributed annually by the Kansas department for children and families in accordance with and subject to the provisions of appropriation acts. When there is a candidate that appears to meet the eligibility guidelines for federal funding administered by the Kansas department for children and families, the Kansas board of regents shall notify the Kansas department for children and families. Upon the approval of the Kansas department for children and families' of the candidate's eligibility, the director of accounts and reports shall transfer funding from the appropriate federal source as identified by the Kansas department for children and families to the Kansas state treasurer. All receipts and interest collected from repayments of federal funds transferred under the authority of this section shall be returned to the director of accounts and reports for reposit to the originating federal funding source.
History: L. 2002, ch. 127, § 10; L. 2004, ch. 179, § 100; L. 2014, ch. 115, § 299; July 1.
(a) As used in this section:
(1) "Kansas educational institution" means a postsecondary educational institution as defined by K.S.A. 74-3201b, and amendments thereto.
(2) "State board" means the state board of regents.
(b) Subject to appropriations therefor and except as otherwise provided by this section, every Kansas educational institution shall provide for enrollment without charge of tuition, undergraduate fees, including registration, matriculation and laboratory fees for any eligible applicant. No Kansas educational institution shall be required by this section to provide for the enrollment of more than five new applicants in any academic year. An applicant who was in the custody of the Kansas department for children and families on the date such applicant reached 18 years of age, who has graduated from a high school or fulfilled the requirements for a general educational development (GED) certificate while in foster care, was released from the custody of the Kansas department for children and families prior to age 18 after having graduated from a high school or fulfilled the requirements for a general educational development (GED) certificate while in foster care placement and in the custody of the Kansas department for children and families, or an applicant who was adopted from a foster care placement on or after such applicant's 16th birthday, and who is accepted to a Kansas educational institution within two years following the date such applicant graduated from a high school or fulfilled the requirements for a general educational development (GED) certificate shall be eligible for enrollment at a Kansas educational institution without charge of tuition or such fees through the semester the eligible applicant reaches 21 years of age not to exceed eight semesters of undergraduate instruction, or the equivalent thereof, at all such institutions.
(c) Subject to appropriations therefor, any Kansas educational institution which at the time of enrollment did not charge tuition or fees as prescribed by subsection (b), and amendments thereto, of the eligible applicant may file a claim with the state board for reimbursement of the amount of such tuition and fees. The state board shall be responsible for payment of reimbursements to Kansas educational institutions upon certification by each such institution of the amount of reimbursement to which the educational institution is entitled. Such payments to Kansas educational institutions shall be made upon vouchers approved by the state board and upon warrants of the director of accounts and reports. Payments may be made by issuance of a single warrant to each Kansas educational institution at which one or more eligible applicants are enrolled for the total amount of tuition and fees not charged eligible applicants for enrollment at that institution. The director of accounts and reports shall cause such warrant to be delivered to the Kansas educational institution at which such eligible applicant or applicants are enrolled. If an eligible applicant discontinues attendance before the end of any semester, after the Kansas educational institution has received payment under this subsection, the institution shall pay to the state the entire amount which such eligible applicant would otherwise qualify to have refunded, not to exceed the amount of the payment made by the state on behalf of such applicant for the semester. All amounts paid to the state by Kansas educational institutions under this subsection shall be deposited in the state treasury and credited to the tuition waiver gifts, grants and reimbursements fund unless such amount was from federal funds transferred under the authority of subsection (g) which funds shall be returned to the director of accounts and reports for reposit to the originating federal funding source.
(d) The chief executive officer of the state board shall submit a report to the house and senate committees on education during the 2005 and 2007 regular session of the legislature on the results, outcomes and effectiveness of the tuition waiver program authorized by this section.
(e) The state board is authorized to receive any grants, gifts, contributions or bequests made for the purpose of supporting the tuition waiver program authorized by this section and to expend the same.
(f) There is hereby established in the state treasury the tuition waiver gifts, grants and reimbursements fund. Expenditures from the fund may be made for the purpose of payment of claims of Kansas educational institutions pursuant to this section and for such purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be authorized by the chief executive officer of the state board, or such officer's designee and made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief executive officer of the state board, or such officer's designee.
(g) During each year, the chief executive officer of the state board shall make one or more certifications of the amount or amounts required to pay claims received from Kansas educational institutions for tuition and fees under this section to the director of accounts and reports and the secretary for children and families. Each certification made by the chief executive officer shall include a provision stating that 20% of the total amount or amounts required to pay claims received from Kansas educational institutions for tuition and fees under this section are either cash, in-kind contributions, state general funds or other nonfederal sources not used to match other funds, and that the remaining 80% shall be paid from the federal award from the foster care assistance federal fund. Upon receipt of each such certification, the director of accounts shall transfer the amount certified from moneys received under the federal Chafee foster care independence grant and credited to the foster care assistance federal fund of the Kansas department for children and families to the tuition waiver gifts, grants and reimbursements fund of the state board. Annual expenditures for the tuition waiver program made by the Kansas department for children and families shall not exceed a maximum of more than 30% of the amount of the federal award in effect on July 1 of each state fiscal year.
(h) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the tuition waiver gifts and grants fund interest earnings based on:
(1) The average daily balance of moneys in the tuition waiver gifts and grants fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(i) Applicants eligible for the benefits under this section shall be exempt from the provisions of K.S.A. 76-717, and amendments thereto.
(j) The state board shall adopt rules and regulations requiring eligible applicants to be enrolled as a full-time undergraduate student in good academic standing and to maintain part-time employment to remain eligible and other rules and regulations, as appropriate, for administration of the applicable provisions of this section. When there is a candidate that appears to meet the eligibility guidelines for federal Chafee funding administered by the Kansas department for children and families, the state board shall notify the Kansas department for children and families. The Kansas department for children and families shall notify the state board of approval of the candidate's eligibility.
(k) The provisions of this section shall expire on June 30, 2006, except that any eligible applicant who received a tuition waiver before June 30, 2006, and is deemed by the state board to be eligible pursuant to this section shall be allowed to remain eligible until such applicant completes such applicant's course of study or becomes ineligible pursuant to the provisions of this section.
History: L. 2002, ch. 127, § 12; Revived and amended, L. 2004, ch. 185, § 25; L. 2014, ch. 115, § 300; July 1.
K.S.A. 74-32,163 through 74-32,184, and amendments thereto, and K.S.A. 2025 Supp. 74-32,164a, 74-32,170a, 74-32,170b and 74-32,178a, and amendments thereto, shall be known and may be cited as the Kansas private and out-of-state postsecondary educational institution act.
History: L. 2004, ch. 185, § 2; L. 2010, ch. 150, § 1; L. 2021, ch. 17, § 5; July 1.
As used in the Kansas private and out-of-state postsecondary educational institution act:
(a) "Academic degree" means any associate, bachelor's, professional, master's, specialist or doctoral degree.
(b) "Accreditation" means an accreditation by an agency recognized by the United States department of education.
(c) "Branch campus" means any subsidiary place of business maintained within the state of Kansas by an institution at a site that is separate from the site of the institution's principal place of business and where the institution offers a course or courses of instruction or study identical to the course or courses of instruction or study offered by the institution at its principal place of business.
(d) "Distance education" means instruction offered by any means in which the student and faculty member are in separate physical locations. "Distance education" includes, but is not limited to, online, interactive video and correspondence courses or programs.
(e) "Out-of-state postsecondary educational institution" means a postsecondary educational institution, public or private, for-profit or not-for-profit, that is chartered, incorporated or otherwise organized under the laws of any jurisdiction other than the state of Kansas.
(f) "Institution" means an out-of-state or private postsecondary educational institution.
(g) "Institution employee" means any person, other than an owner, who directly or indirectly receives compensation from an institution for services rendered.
(h) "Owner of an institution" means:
(1) In the case of an institution owned by one or more individuals, those individuals;
(2) in the case of an institution owned by a partnership, all full, silent and limited partners;
(3) in the case of an institution owned by a corporation, the corporation, its directors, officers and each shareholder owning shares of issued and outstanding stock aggregating at least 10% of the total of the issued and outstanding shares; and
(4) in the case of an institution owned by a limited liability company, the company, its managers and all its members.
(i) "Person" means an individual, firm, partnership, association, corporation, receiver or trustee.
(j) "Physical presence" means:
(1) Operating an instructional site in Kansas, including, but not limited to:
(A) Establishing a physical location in Kansas where students receive instruction; or
(B) delivering a course or program that requires students participating in that course or program to physically meet at the same time and place in Kansas to receive instruction;
(2) delivering any distance education course to any student who remains in Kansas while participating in such course;
(3) maintaining an administrative office in Kansas for the purpose of fulfilling the administrative functions of delivering instruction, whether face-to-face or via distance education;
(4) maintaining a mailing address or phone exchange in Kansas;
(5) providing office space in Kansas to instructional or non-instructional staff; or
(6) providing student support services from a physical site operated by or on behalf of the institution in Kansas.
(k) "Private postsecondary educational institution" means an entity that:
(1) Is a business enterprise, whether operated on a for-profit or not-for-profit basis, that has a physical presence in Kansas;
(2) offers a course or courses of instruction or study through classroom contact or by distance education, or both, for the purpose of training or preparing individuals for a field of endeavor in a business, trade, technical or industrial occupation, or offers a course or courses leading to an academic degree; and
(3) is not specifically exempted by the provisions of this act.
(l) "Provisional certificate" means a certificate of approval that can be awarded to a degree-granting institution seeking to establish a physical presence in Kansas but is not yet accredited by a recognized accrediting organization. A "provisional certificate" constitutes authorization to operate in Kansas but only under certain conditions deemed necessary by the state board, including, but not limited to, reporting requirements or securing new or additional bonds.
(m) "Representative" means any person employed by an institution to act as an agent, solicitor or broker to recruit students or enrollees for the institution.
(n) "State board" means the state board of regents or the state board's designee.
(o) "Support" or "supported" means the primary source and means by which an institution derives revenue to perpetuate operation of the institution.
(p) "University" means a postsecondary educational institution authorized to offer any degree, including an associate, bachelor, graduate or professional degree.
(q) "State educational institution" means any state educational institution as defined in K.S.A. 76-711, and amendments thereto.
History: L. 2004, ch. 185, § 3; L. 2010, ch. 150, § 2; L. 2016, ch. 74, § 5; L. 2021, ch. 17, § 6; July 1.
The Kansas private and out-of-state postsecondary educational institution act shall not apply to:
(a) Postsecondary educational institutions established, operated and governed by this state or a political subdivision thereof;
(b) an institution or training program that offers instruction only for avocational or recreational purposes as determined by the state board;
(c) a course or courses of instruction or study, excluding degree-granting programs, sponsored by an employer for the training and preparation of its own employees, and for which no tuition or other fee is charged to the student;
(d) a course or courses of instruction or study sponsored by a recognized trade, business or professional organization having a closed membership for the instruction of the members of the organization, and for which no tuition or other fee is charged to the student;
(e) except as provided in K.S.A. 2025 Supp. 74-32,164a, and amendments thereto, an institution that is otherwise actively regulated by another regulatory agency of Kansas under any other law of Kansas and has received an affirmative approval from such other agency to operate in Kansas;
(f) a course or courses of special study or instruction having a closed enrollment and financed or subsidized on a contract basis by local or state government, private industry, or any person, firm, association or agency, other than the student involved;
(g) an institution financed or subsidized by federal or special funds that has applied to the state board for exemption from the provisions of this act and has been declared exempt by the state board because the state board has found that the operation of such institution is outside the purview of this act;
(h) education offered as an intensive review course solely designed to prepare students for graduate or professional school entrance examinations or professional licensure examinations, including, but not limited to, certified public accountancy examinations, examinations for a professional practice in psychology or bar examinations;
(i) each of the following postsecondary educational institutions, all of which were granted approval to confer academic or honorary degrees by the state board of education under the provisions of K.S.A. 17-6105, prior to its repeal, or were previously exempted from this act by the legislature and that have approval to confer academic or honorary degrees in calendar year 2021:
(1) Baker university, Baldwin City;
(2) Barclay college, Haviland;
(3) Benedictine college, Atchison;
(4) Bethany college, Lindsborg;
(5) Bethel college, North Newton;
(6) Central Baptist theological seminary, Kansas City;
(7) Central Christian college of Kansas, McPherson;
(8) Cleveland university-Kansas City, Overland Park;
(9) Donnelly college, Kansas City;
(10) Friends university, Wichita;
(11) Hesston college, Hesston;
(12) Kansas Christian college, Overland Park;
(13) Kansas Wesleyan university, Salina;
(14) Manhattan Christian college, Manhattan;
(15) McPherson college, McPherson;
(16) MidAmerica Nazarene university, Olathe;
(17) Newman university, Wichita;
(18) Ottawa university, Ottawa;
(19) Southwestern college, Winfield;
(20) Sterling college, Sterling;
(21) Tabor college, Hillsboro; and
(22) University of Saint Mary, Leavenworth; and
(j) any institution that does not have a physical presence in Kansas and that is otherwise subject to this act, but only to the extent that and for the period of time that such institution is participating in the state authorization reciprocity agreement as authorized under K.S.A. 74-32,194, and amendments thereto, for the purpose of providing distance education to students in Kansas. As used in this subsection, "distance education" means the same as defined in K.S.A. 74-32,194, and amendments thereto.
History: L. 2004, ch. 185, § 4; L. 2014, ch. 8, § 2; L. 2017, ch. 9, § 1; L. 2021, ch. 17, § 7; July 1.
(a) Any institution that is exempt from the private and out-of-state postsecondary educational institution act pursuant to K.S.A. 74-32,164(e), and amendments thereto, may apply to the state board for a certificate of approval under the provisions of such act if the institution is required to obtain a certificate of approval from the state board in order to demonstrate it is legally authorized to provide an educational program under 34 C.F.R. § 600.9, as in effect on July 1, 2021, for participation in programs authorized by the higher education act of 1965.
(b) Any institution issued a certificate of approval by the state board under this section shall be subject to the jurisdiction of the state board and the private and out-of-state postsecondary educational institution act.
(c) Any institution issued a certificate of approval under this section may return to exempt status under the private and out-of-state postsecondary educational institution act by not applying to renew the certificate of approval. Any institution that returns to exempt status, shall not be relieved of any liability for indemnification or any penalty for noncompliance with certification standards during the period of the institution's approved status.
History: L. 2021, ch. 17, § 1; July 1.
(a) (1) The state board may adopt rules and regulations for the administration of this act.
(2) The state board shall adopt rules and regulations that impose requirements on any postsecondary institution that is closing. Such rules and regulations may include, but not be limited to, notice requirements, teach-out plans, maintenance of academic records, refund requirements and transcript requests.
(b) (1) Specific standards shall be set for determining those institutions that qualify for approval to confer or award academic degrees. Such standards shall be consistent with standards applicable to state educational institutions under the control and supervision of the state board.
(2) Each degree-granting institution shall make progress toward institutional accredited status with an accrediting agency for higher education recognized by the United States department of education. Once institutional accredited status is achieved by an institution, such degree-granting institution shall maintain accredited status. The provisions of this paragraph shall not apply to any private postsecondary educational institution that was awarded degree-granting authority prior to July 1, 2004, and maintains such authority on July 1, 2021.
(3) Additional standards may be set for those institutions that receive federal title IV student financial aid, including, but not limited to, requiring audited financial statements. The state board may grant exceptions to the additional standards by the adoption of rules and regulations.
(c) The state board shall maintain a list of institutions that have been issued a certificate of approval.
(d) Any state agency having information that will enable the state board to exercise its powers and perform its duties in administering the provisions of this act shall furnish such information when requested by the state board.
History: L. 2004, ch. 185, § 5; L. 2016, ch. 74, § 6; L. 2021, ch. 17, § 8; July 1.
History: L. 2004, ch. 185, § 6; Repealed, L. 2016, ch. 74, § 8; July 1.
(a) No institution shall establish a physical presence within Kansas without obtaining a certificate of approval from the state board as provided in this act. No institution shall confer or award any degree, certificate or diploma, whether academic or honorary, unless such institution has been approved for such purpose by the state board.
(b) Any contract entered into by or on behalf of any owner, employee or representative of an institution that is subject to the provisions of this act but has not obtained a certificate of approval, shall be unenforceable in any action.
History: L. 2004, ch. 185, § 7; L. 2010, ch. 150, § 3; L. 2021, ch. 17, § 9; July 1.
(a) Each institution shall apply to the state board for a certificate of approval. At least 60 days before an institution opens a branch campus in Kansas, such institution shall notify the state board that it intends to open a branch campus. Such branch campus shall be subject to review by the state board to determine whether it complies with the provisions of this act and the standards of the state board established pursuant thereto.
(b) An application for a certificate of approval shall be made on a form prepared and furnished by the state board and shall contain the information required by the state board.
(c) The state board may issue a certificate of approval upon determination that an institution meets the requirements of this act and all standards established by the state board pursuant thereto. The state board may issue a certificate of approval to any institution accredited by a regional or national accrediting agency recognized by the United States department of education without further evidence.
(d) (1) The state board may issue a provisional certificate of approval to a degree-granting institution that is not yet accredited by a recognized accrediting organization and that is seeking to establish a physical presence in Kansas. The provisional certificate may be renewed annually as long as the institution continues to progress toward successful attainment of full institutional accreditation within the regular accreditation cycle established by the recognized accrediting organization.
(2) The institution shall submit a plan for achieving accreditation. Such plan shall include identification of the recognized accrediting organization's eligibility requirements, minimum accreditation requirements, review processes and the institution's timeline for achieving full accreditation.
(3) The institution shall submit quarterly updates on the institution's progress toward full accreditation to the state board.
(4) The state board may adopt rules and regulations imposing additional surety bond requirements for the indemnification of any student for any loss suffered as a result of a failure to achieve full accreditation.
History: L. 2004, ch. 185, § 8; L. 2010, ch. 150, § 4; L. 2021, ch. 17, § 10; July 1.
The state board shall issue a certificate of approval to an institution when the state board is satisfied that the institution meets minimum standards established by this act, and by rules and regulations adopted pursuant to this act to ensure that:
(a) Courses, curriculum and instruction are of such quality, content and length as may reasonably and adequately ensure achievement of the stated objective for which the courses, curriculum or instruction are offered;
(b) institutions have adequate space, equipment, instructional material and personnel to provide education and training of good quality;
(c) educational and experience qualifications of directors, administrators and instructors are such as may reasonably ensure that students will receive instruction consistent with the objectives of their program of study;
(d) institutions maintain written records of the previous education and training of students and applicant students, and that training periods are shortened when warranted by such previous education and training or by skill or achievement tests;
(e) except as approved by the state board, no earned certificate or degree is given, awarded or granted solely on the basis of any of the following:
(1) Payment of tuition or fees;
(2) credit earned at any other school;
(3) credit for life experience or other equivalency;
(4) testing out; or
(5) research and writing;
(f) no honorary degree is given, awarded or granted by any institution that does not give, award or grant an earned degree, and no fee or other charge is assessed for giving, awarding or granting an honorary degree;
(g) a copy of the course outline, schedule of tuition, fees and other charges, settlement policy, rules pertaining to absence, grading policy and rules of operation and conduct are furnished to students upon enrollment;
(h) upon completion of training or instruction, students are given certificates, diplomas or degrees as appropriate by the institution indicating satisfactory completion of the program;
(i) adequate records are kept to show attendance, satisfactory academic progress and enforcement of satisfactory standards relating to attendance, progress and conduct;
(j) institutions comply with all local, state and federal regulations;
(k) institutions are financially responsible and maintain adequate financial records, which for institutions receiving federal title IV student financial aid, includes financial aid information and loan default rates;
(l) institutions are capable of fulfilling commitments for instruction;
(m) institutions do not utilize erroneous or misleading advertising, either by actual statement, omission or intimation;
(n) institutions have and maintain a policy, subject to state board approval, for the refund of unused portions of tuition, fees and other charges if a student enrolled by the institution fails to begin a course, withdraws or is discontinued from such course at any time prior to completion. Such policies shall take into account those costs of the institution that are not diminished by the failure of the student to enter or complete a course of instruction;
(o) institutions adopt, publish and adhere to a procedure for handling student complaints. Institutions shall post information so that students will be aware of the complaint process available to them. The information shall be posted in locations that are used or seen by all students on a regular basis such as the institution's website, enrollment agreement, catalog or other media;
(p) in accordance with applicable state and federal data protection laws, institutions take appropriate measures to protect students' personally identifiable information and promptly address any breach or unauthorized disclosure of any student's personally identifiable information;
(q) institutions publish the following information as required by the state board of regents:
(1) Graduation rates;
(2) placement rates and other information indicating actual employment and earnings in relevant occupations after successful completion of offered programs; and
(3) loan default rates.
History: L. 2004, ch. 185, § 9; L. 2010, ch. 150, § 5; L. 2021, ch. 17, § 11; July 1.
(a) After the state board reviews an application for a certificate of approval and determines that the institution meets the requirements of this act and the standards established by the state board, the state board shall issue a certificate of approval to the institution. Certificates of approval shall be in a form specified by the state board. Certificates of approval shall state:
(1) The date of issuance and term of approval;
(2) the correct name and address of the institution;
(3) the signature of the chief executive officer of the state board or a person designated by the state board to administer the provisions of this act; and
(4) any other information required by the state board.
(b) Certificates of approval shall be valid for a term of one year.
(c) Whenever a change in ownership occurs, the new owner shall apply for a new certificate of approval pursuant to K.S.A. 2025 Supp. 74-32,170a, and amendments thereto.
(d) At least 120 days prior to expiration of a certificate of approval, the state board shall notify the institution that it is required to renew its certificate of approval in order to continue maintaining a physical presence in Kansas after the expiration date of its current certificate of approval. Any institution desiring to renew its certificate of approval shall complete and submit the application for renewal to the state board at least 60 days prior to the expiration of the institution's certificate of approval. An application for renewal shall be deemed late if the institution applying for renewal fails to submit a completed application for renewal at least 60 days prior to the expiration of the institution's certificate of approval. A completed application for renewal includes all documentation, information and fees required by the state board to complete the renewal process. When an application for renewal is deemed late, the state board may require the institution to begin the closure procedure.
(e) Unless exempt from the provisions of this act pursuant to K.S.A. 74-32,164, and amendments thereto, an institution shall not accept payments for tuition, fees or other enrollment charges until the institution receives a certificate of approval from the state board.
(f) Any institution that does not plan to renew a certificate of approval shall notify the state board of its intent not to renew at least 60 days prior to the expiration date of the certificate of approval.
(g) Any institution that is closing, either voluntarily or involuntarily, shall be subject to closure requirements until the state board notifies the institution that all closure requirements are satisfied.
History: L. 2004, ch. 185, § 10; L. 2010, ch. 150, § 6; L. 2021, ch. 17, § 12; July 1.
(a) Each certificate of approval shall be issued to the owner of the institution applying for the certificate of approval. The certificate of approval shall not be transferable to a new owner. Whenever a change of ownership occurs as a result of death, a court order or operation of law, the new owner shall immediately apply for a new certificate of approval. If a change in ownership occurs in any other circumstance, the new owner shall apply for a new certificate of approval at least 60 days prior to the change of ownership.
(b) If there is a change in the ownership of an institution and, at the same time, there are changes in the institution's programs of instruction, location, entrance requirements or other changes, the institution shall submit an application for an initial certificate of approval and pay all applicable fees required for an initial application.
(c) The state board may adopt rules and regulations to ensure orderly transition of an institution to a new owner, including, but not limited to, requiring a new owner to satisfy the following requirements:
(1) Maintain and service all student records that were the responsibility of the prior owner;
(2) resolve all student complaints that were the responsibility of the prior owner and filed with the state board prior to the final approval for change of ownership; and
(3) honor the terms of student enrollment agreements, institutional scholarships and grants for all students enrolled and taking classes at the time of the change of ownership.
History: L. 2021, ch. 17, § 2; July 1.
If a court of competent jurisdiction appoints a receiver for an institution holding a certificate of approval, the receiver shall provide the state board notice of the appointment and copies of all court orders and reports required from the receiver by the court. The court-appointed receiver shall comply with all provisions of the Kansas private and out-of-state postsecondary educational institution act.
History: L. 2021, ch. 17, § 3; July 1.
(a) After the state board reviews an application for a certificate of approval and determines that the applicant does not meet the requirements of this act, the state board shall refuse to issue the certificate of approval and set forth the reasons for the determination.
(b) If an applicant, upon written notification of refusal by the state board to issue a certificate of approval, desires to contest such refusal, the applicant shall notify the state board in writing of the desire to be heard within 15 days after the date of service of such notice of refusal. Any applicant requesting a hearing pursuant to this section shall be afforded a hearing in accordance with the provisions of the Kansas administrative procedure act. Upon conclusion of any such hearing, the state board shall issue a certificate of approval or a final refusal to do so.
(c) If an applicant, upon service of notice of refusal by the state board to issue a certificate of approval, fails to request a hearing within 15 days after the date of service of such notice of refusal, the state board's refusal shall be a final agency action.
History: L. 2004, ch. 185, § 11; L. 2021, ch. 17, § 13; July 1.
(a) The state board may revoke a certificate of approval or impose reasonable conditions upon the continued approval represented by a certificate.
(b) A certificate of approval may be revoked if the state board has reasonable cause to believe that the institution is in violation of any provision of this act or of any rules and regulations adopted under this act. An institution that has had a certificate of approval revoked may not reapply for a certificate of approval for 12 months after the final order of revocation, and then only if the institution establishes to the satisfaction of the state board that it has cured all deficiencies. Prior to revocation, the state board shall give written notice to the holder of the certificate of approval of the impending action, setting forth the grounds for the action contemplated to be taken and affording the institution holding the certificate of approval an opportunity to request a hearing. If a hearing is requested, such hearing shall be conducted within 30 days after the date the notice was sent. Hearings conducted pursuant to this subsection shall be conducted in accordance with the Kansas administrative procedure act.
(c) A certificate of approval may be conditioned at any time if the state board has reasonable cause to believe additional information is necessary, a violation of this act occurred or it is in the students' best interest for the institution to continue operations during a change in ownership or while an institution is completing closure requirements. A certificate of approval that has been conditioned constitutes authorization to operate but with conditions, including, but not limited to, reporting requirements, performance standard requirements, securing new or additional bonds, limiting the period of time to operate during change of ownership or for the purpose of teaching out students. The state board may require any institution with a certificate of approval that has been conditioned to suspend or cease any part of institutional activity, including, but not limited to, enrolling students, advertising or delivering certain classes or programs. Such conditions shall remain in effect until the circumstances precipitating the conditional status are corrected, and the state board has completed all reviews relating to the institution's conditional status. The state board's decision to impose reasonable conditions shall be a final agency action.
History: L. 2004, ch. 185, § 12; L. 2021, ch. 17, § 14; July 1.
Any action of the state board pursuant to K.S.A. 74-32,170, 74-32,171 or 74-32,172, and amendments thereto, or K.S.A. 2025 Supp. 74-32,178a, and amendments thereto, is subject to review in accordance with the Kansas judicial review act. If it appears to the state board on the basis of its own inquiries or investigations or as a result of a complaint that any provision of this act has been or may be violated, the state board may request the attorney general to institute an action enjoining such violation or for an order directing compliance with the provisions of this act.
History: L. 2004, ch. 185, § 13; L. 2010, ch. 17, § 183; L. 2021, ch. 17, § 15; July 1.
(a) Each representative of an institution shall register with the state board. Application for registration may be made at any time on a form prepared and furnished by the state board and shall contain such information as may be required by the state board.
(b) Registration of a representative shall be effective upon receipt of notice from the state board and shall remain in effect until expiration of the certificate of approval of the institution employing such representative. Renewal of representative registration shall be in accordance with the renewal application form forwarded to the institution by the state board.
(c) Denial or revocation of registration of a representative by the state board shall be in accordance with the provisions of this act applicable to denial or revocation of a certificate of approval.
(d) A representative employed by more than one institution shall not be required to register for each institution when such institutions have a common ownership.
History: L. 2004, ch. 185, § 14; June 10.
(a) Before a certificate of approval is issued under this act, a bond in the penal sum of $20,000 shall be provided by the institution for the period for which the certificate of approval is to be issued. The obligation of the bond shall be that the institution and its officers, agents, representatives and other employees shall be bound to:
(1) Comply with the provisions of this act and the rules and regulations and standards established by the state board pursuant to this act, including, but not limited to, protecting students' personally identifiable information; and
(2) upon closure of the institution, or if the institution is no longer seeking state board approval, deliver or make available to the state board the records of all students who are in attendance at the institution at the time of closure or who have attended the institution at any time prior to closure.
(b) The bond shall be a corporate surety bond issued by a company authorized to do business in this state on a form required by the state board. The bond shall be filed with the state board. If the institution ceases operation, the state board may recover against the bond all necessary costs for the acquisition, permanent filing and maintenance of student records of the institution.
History: L. 2004, ch. 185, § 15; L. 2021, ch. 17, § 16; July 1.
History: L. 2004, ch. 185, § 16; Repealed, L. 2016, ch. 74, § 8; July 1.
(a) No person shall:
(1) Operate an institution without a certificate of approval;
(2) accept contracts or enrollment applications from a representative who is not registered as required by this act;
(3) use fraud or misrepresentation to obtain a certificate of approval;
(4) use fraud or misrepresentation in advertising or in procuring enrollment of a student;
(5) use the term "accredited" in the name or advertisement of the institution unless such institution is accredited as defined in this act; or
(6) use the term "university" in the name or advertisement of the institution unless such institution is a university as defined by this act.
(b) Violation of any provision of subsection (a) or any other provision of this act is a class C nonperson misdemeanor.
(c) The state board may revoke or condition a certificate of approval for any violation of subsection (a) or any other provision of this act.
History: L. 2004, ch. 185, § 17; L. 2021, ch. 17, § 17; July 1.
Upon application of the attorney general or a county or district attorney, a district court shall have jurisdiction to enjoin any violation of this act and to enjoin persons from engaging in business in this state. In any action brought to enforce the provisions of this act, if the court finds that a person willfully used any deceptive or misleading act or practice or operates an institution without first obtaining and maintaining a certificate of approval, the attorney general or a county or district attorney, upon petition to the court, may recover on behalf of the state, in addition to the criminal penalties provided in this act, a civil penalty not exceeding $20,000 for each violation. For purposes of this section, an intentional violation occurs when the person committing the violation knew or should have known that the conduct of the person consisted of acts or practices that were deceptive or misleading including the operation of an institution without first obtaining a certificate of approval from the state board. Any violation of this act or any rule or regulation adopted pursuant thereto is a deceptive act or practice under the Kansas consumer protection act. Any remedy provided by this act shall be in addition to any other remedy provided by the Kansas consumer protection act.
History: L. 2004, ch. 185, § 18; L. 2010, ch. 150, § 7; L. 2021, ch. 17, § 18; July 1.
(a) In addition to, or as an alternative to any penalty that may be imposed pursuant to this act, the state board, after proper notice and an opportunity to be heard, may assess a civil fine against an institution with a certificate of approval for a violation of this act or any rules and regulations adopted pursuant to this act. For the first violation, the amount of such fine shall be up to 1% of the institution's tuition revenue, but shall not be less than $125 and not more than $15,000. For any subsequent violation, the amount of such fine shall be up to 2% of the institution's tuition revenue, but shall not be less than $250 and not more than $20,000. On and after July 1, 2021, any such fines and administrative costs for collecting such fines may be assessed against the institution's surety bond.
(b) All moneys collected pursuant to this section shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(c) Fines assessed under this section shall be considered administrative fines pursuant to 11 U.S.C. § 523.
History: L. 2021, ch. 17, § 4; July 1.
Any note or contract taken by any institution or its officers, directors, agents or representatives, without having complied with the provisions of this act, shall be null and void and any person who has entered into a contract with such institution or its officers, directors, agents or representatives shall be entitled to a full refund of the money or consideration paid plus interest accruing from the date of payment at a rate per annum equal to the rate specified in K.S.A. 16-207, and amendments thereto, together with other damages sustained by such person.
History: L. 2004, ch. 185, § 19; June 10.
Whenever any institution negotiates any promissory instrument or note received from a student or on behalf of a student as payment of tuition or other fees charged by each institution, any person or assignee or holder to whom the instrument or note is assigned shall take such instrument or note subject to all defenses which would be available to the student from whom or on behalf of whom the instrument or note was received.
History: L. 2004, ch. 185, § 20; June 10.
(a) The state board shall fix, charge and collect fees not to exceed the following amounts by adopting rules and regulations for such purposes:
(1) For institutions chartered, incorporated or otherwise organized under the laws of Kansas and having their principal place of business in Kansas:
(2) For institutions domiciled or having their principal place of business outside Kansas:
(b) Fees shall not be refundable.
(c) The state board shall annually determine the amount of revenue that will be required to properly carry out and enforce the provisions of the Kansas private and out-of-state postsecondary educational institution act and shall fix the fees authorized at the sum deemed necessary for such purposes within the limits of this section.
(d) Fees may be charged to conduct on-site reviews for degree granting and non-degree granting institutions or to review curriculum in content areas where the state board does not have expertise.
History: L. 2004, ch. 185, § 21; L. 2010, ch. 150, § 8; L. 2011, ch. 68, § 3; L. 2012, ch. 168, § 8; L. 2016, ch. 74, § 7; L. 2017, ch. 47, § 1; L. 2018, ch. 67, § 1; L. 2021, ch. 17, § 19; July 1.
History: L. 2010, ch. 150, § 9; Repealed, L. 2011, ch. 68, § 5; July 1.
(a) The state board shall remit all moneys received pursuant to the provisions of this act to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount remitted in the state treasury and, except as otherwise provided in this act, shall credit such remittance to the private and out-of-state postsecondary educational institution fee fund to be used for the purpose of administering this act. All expenditures from such fee fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board or the board's designee.
(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the private and out-of-state postsecondary educational institution fee fund interest earnings based on:
(1) The average daily balance of moneys in such fee fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 2004, ch. 185, § 22; L. 2021, ch. 17, § 20; July 1.
If any clause, paragraph, subsection or section of the Kansas private and out-of-state postsecondary educational institution act is found to be unconstitutional or invalid, it shall be conclusively presumed that the legislature would have enacted the remainder of the act without such unconstitutional or invalid clause, paragraph, subsection or section.
History: L. 2004, ch. 185, § 23; June 10.
Within the limits of appropriations therefore, the state board shall develop and maintain a statewide data collection system to collect and analyze private and out-of-state postsecondary educational information, including, but not limited to, student, course, financial aid and program demographics that will assist the state board in improving the quality of private and out-of-state postsecondary education. Failure of an institution to submit complete and substantially accurate data on a timely basis when requested by the state board shall be a violation of this act.
History: L. 2010, ch. 150, § 10; L. 2021, ch. 17, § 21; July 1.
History: L. 2005, ch. 129, §§ 2 to 9; Repealed, L. 2007, ch. 173, § 20; July 1.
(a) As used in this section:
(1) "Community college" means any community college established under the laws of this state;
(2) "distance education" means any course or program offered by a postsecondary educational institution to students who are located in a state in which the postsecondary educational institution does not have a physical presence;
(3) "independent postsecondary educational institution" means any postsecondary educational institution that was granted approval to confer academic or honorary degrees by the state board of education under the provisions of K.S.A. 17-6105, prior to its repeal;
(4) "municipal university" means Washburn university of Topeka or any other municipal university established under the laws of this state;
(5) "out-of-state postsecondary educational institution" means the same as defined in K.S.A. 74-32,163, and amendments thereto;
(6) "postsecondary educational institution" means any degree-granting public postsecondary educational institution, independent postsecondary educational institution, private postsecondary educational institution and out-of-state postsecondary educational institution;
(7) "private postsecondary educational institution" means the same as defined in K.S.A. 74-32,163, and amendments thereto;
(8) "public postsecondary educational institution" means any state educational institution, municipal university, community college and technical college, and includes any entity resulting from the consolidation or affiliation of any two or more of such public postsecondary educational institutions;
(9) "state authorization reciprocity agreement" means an agreement among states, districts and territories that establishes comparable standards for providing distance education from their postsecondary educational institutions to out-of-state students;
(10) "state board" means the state board of regents;
(11) "state educational institution" means the same as defined in K.S.A. 76-711, and amendments thereto; and
(12) "technical college" means any technical college established under the laws of this state.
(b) The state board is authorized to enter into the state authorization reciprocity agreement for the purposes of:
(1) Authorizing and allowing any postsecondary educational institution with a physical presence in Kansas to voluntarily participate in the state authorization reciprocity agreement and provide distance education in other states in accordance with the terms of the state authorization reciprocity agreement; and
(2) authorizing and allowing any postsecondary educational institution that does not have a physical presence in Kansas and that is a participating member of the state authorization reciprocity agreement to deliver distance education in this state in accordance with the terms of the state authorization reciprocity agreement, notwithstanding the provisions of the private and out-of-state postsecondary education institution act.
(c) A postsecondary educational institution shall be deemed to have a "physical presence" in the state if the postsecondary education institution:
(1) Has established a campus, branch instructional facility or administrative office within the boundaries of the state;
(2) requires students to physically meet for instruction within the state more than twice per full term;
(3) provides information from a physical site located in Kansas;
(4) offers short courses within the state requiring 10 or more hours of attendance by students; or
(5) maintains a mailing address or phone exchange in Kansas.
(d) The state board may assume and exercise all powers, duties and responsibilities associated with and required or authorized under the terms of the state authorization reciprocity agreement for any postsecondary educational institution that has a physical presence in Kansas and has voluntarily submitted to the jurisdiction of the state board to the extent required to enable the postsecondary educational institution to participate in the state authorization reciprocity agreement.
(e) The state board may terminate membership or participation of any postsecondary educational institution with a physical presence in Kansas that is participating in the state authorization reciprocity agreement if the state board has reasonable cause to believe that the postsecondary educational institution is in violation of any provision of this section or the agreement.
(f) The state board shall be authorized to recover actual costs incurred in the course of investigating and prosecuting complaints against a postsecondary educational institution that is participating in the state authorization reciprocity agreement, and shall be able to recoup tuition on behalf of any student. The amount collected by the state board for the actual costs related to the investigation and prosecution of the complaint or for tuition on behalf of any student, as certified by the president or chief executive officer of the state board to the state treasurer, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and credited to the state authorization reciprocity fund.
(g) There is hereby established in the state treasury the state authorization reciprocity fund, which shall be administered by the state board. All expenditures from the state authorization reciprocity fund shall be for reimbursement to the state board for any costs associated with investigating and prosecuting complaints and recovering tuition on behalf of any student under the provisions of the state authorization reciprocity agreement. All expenditures from the state authorization reciprocity fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president or chief executive officer of the state board or the designee of the president or chief executive officer of the state board.
(h) Nothing in this section shall preclude the state board from exercising its authority under any other provision of law, nor the attorney general from pursuing violations of any provisions of the Kansas consumer protection act.
(i) The state board may adopt rules and regulations as necessary to implement the provisions of this section.
History: L. 2014, ch. 8, § 1; L. 2021, ch. 17, § 22; July 1.
(a) Any individual awarded tuition assistance pursuant to K.S.A. 60-5004, and amendments thereto, shall receive a waiver of tuition and required fees for attendance at a postsecondary educational institution for up to 130 credit hours. Such individual may attend a postsecondary educational institution either full or part time.
(b) (1) Subject to appropriations, the state board of regents may make expenditures to reimburse each individual awarded tuition assistance pursuant to K.S.A. 60-5004, and amendments thereto, who is enrolled in a postsecondary educational institution for additional fees, including, but not limited to, fees for room and board, technical equipment and course-required books.
(2) No postsecondary educational institution shall delay enrollment of an individual who is awarded tuition assistance pursuant to K.S.A. 60-5004, and amendments thereto, because appropriations are not available for any additional fees provided to such individual.
(c) To remain eligible for the tuition and fees waiver under this section, an individual shall remain in good standing at the postsecondary educational institution where the individual is enrolled.
(d) Individuals shall provide a written or electronic copy of the court order awarding relief in the form of tuition assistance to the postsecondary educational institution or the state board of regents.
(e) The state board of regents shall adopt rules and regulations to administer the provisions of this section.
(f) As used in this section, "postsecondary educational institution" means any state educational institution as defined in K.S.A. 76-711, and amendments thereto, municipal university, community college, technical college or institute of technology in Kansas.
History: L. 2018, ch. 108, § 2; July 1.
History: L. 2006, ch. 166, §§ 1 to 8; Repealed, L. 2007, ch. 173, § 20; July 1.
(a) There is hereby established the computer science educator program to promote the advancement of computer science licensed and preservice teacher preparation in Kansas.
(b) Subject to appropriations therefor, the state board of regents may award scholarships to licensed and preservice teachers who:
(1) Are enrolled in a course of instruction offered by a postsecondary educational institution that:
(A) For licensed teachers, is for additional postsecondary credit; or
(B) for preservice teachers, is leading to licensure as a teacher; and
(2) have completed one course in computer science during such enrollment.
(c) Scholarships awarded under the program shall be in an amount not to exceed $1,000 for each scholarship recipient. The state board of regents shall prioritize scholarship awards for applicants who:
(1) Are from underrepresented socioeconomic demographic groups; or
(2) agree to teach computer science in rural schools and schools with higher percentages of students from underrepresented socioeconomic demographic groups.
(d) The state board of regents may coordinate with postsecondary educational institutions to support eligible preservice education programs at such institutions with the development and implementation of pathways in computer science education to help preservice teachers obtain a certification to teach computer science education within their intended major and area of certification.
(e) The state board of regents shall adopt rules and regulations necessary to implement and administer the computer science educator program, including, but not limited to, requirements for scholarship eligibility and applications for such scholarships.
(f) As used in this section, the term "postsecondary educational institution" means any state educational institution, community college or not-for-profit institution of postsecondary education. A not-for-profit institution of postsecondary education shall have its main campus or principal place of operation in Kansas, be operated independently and not controlled or administered by any state agency or subdivision of the state, maintain open enrollment and be accredited by a nationally recognized accrediting agency for higher education in the United States.
History: L. 2022, ch. 86, § 5; July 1.
History: L. 2006, ch. 166, §§ 9 to 16; Repealed, L. 2007, ch. 173, § 20; July 1.
This act [*] shall be known and may be cited as the nurse educator service scholarship program act.
History: L. 2007, ch. 173, § 1; July 1.
As used in the nurse educator service scholarship program act:
(a) "Accredited independent institution" means a not-for-profit institution of higher education which: (1) Has its main campus or principal place of operation in Kansas; (2) is operated independently and not controlled or administered by the state or any agency or subdivision thereof; (3) maintains open enrollment; and (4) holds accreditation to grant a master of science or doctoral degree in nurse education or nursing administration from a national accrediting entity recognized by the United States department of education.
(b) "Executive officer" means the chief executive officer of the state board of regents appointed under K.S.A.
74-3203a, and amendments thereto.
(c) "Open enrollment" has the meaning ascribed thereto in K.S.A.
74-32,120, and amendments thereto.
(d) "School of nursing" means: (1) A school within the state of Kansas which is approved by the state board of nursing to grant a master of science or doctoral degree in nursing; or (2) an accredited independent institution.
(e) "Qualified applicant" means a person who: (1) Is a resident of the state of Kansas; (2) (A) is a registered nurse who holds a baccalaureate degree in nursing and has been accepted for admission to or is enrolled in a course of instruction leading to a master of science in nursing; or (B) is a registered nurse who holds a master of science degree in nursing and has been accepted for admission to or is enrolled in a course of instruction leading to a doctorate degree in nursing; and (3) has qualified for the award of a scholarship under the program on the basis of having demonstrated scholastic ability and remains qualified on the basis of remaining in good standing and making satisfactory progress toward completion of the requirements of the course of instruction in which enrolled.
(f) "Program" means the nurse educator service scholarship program established pursuant to this act.
(g) "Review Committee" or "committee" means the nurse educator service scholarship application review committee established at each school of nursing as required by K.S.A. 74-32,221, and amendments thereto.
History: L. 2007, ch. 173, § 2; L. 2016, ch. 14, § 1; July 1.
(a) There is hereby established the nurse educator service scholarship program.
(b) (1) The director of each school of nursing shall establish a nurse educator service scholarship application review committee. Applications for a scholarship under the program shall be submitted to the review committee of the school of nursing at which the applicant has been accepted or is enrolled. Applications shall be on a form provided by the school of nursing and shall be submitted in the manner and within the time specified by the review committee. In addition to the information required by the review committee, applications shall contain any additional information required by the executive officer. The committee shall review the applications submitted to the committee and shall determine which applicants are qualified to be recipients of scholarships. The review committee of each school of nursing shall submit the list of all qualified applicants at the school of nursing to the executive officer.
(2) Within the limitations of appropriations therefor, the determination of which qualified applicants which will be awarded scholarships shall be made by the executive officer from the lists submitted pursuant to paragraph (1). When making such determination, consideration shall be given to minority applicants and to applicants having the greatest financial need for scholarships.
(c) Within the limitations of appropriations therefor, scholarships awarded under the program shall be awarded for the length of the course of instruction in which the applicant is enrolled or admitted unless otherwise terminated before the expiration of such period of time. If an applicant is not enrolled on a full-time basis, the applicant shall receive a proportionate amount of the tuition based upon the number of hours enrolled in an academic period, as defined by the applicant's school of nursing and computed as a fraction of the total number of credit hours required for enrollment on a full-time basis. Such scholarships shall provide to a qualified applicant (1) if the applicant is enrolled in a school of nursing operated by a state educational institution, an amount not to exceed 70% of the cost of attendance for an academic year at the school of nursing in which the applicant is enrolled or (2) if the applicant is enrolled in a school of nursing not operated by a state educational institution, the lesser of (A) an amount not to exceed 70% of the cost of attendance for a year at the school of nursing in which the applicant is enrolled or (B) an amount not to exceed 70% of the average amount of the cost of attendance for a year at the schools of nursing operated by the state educational institutions. Subject to the limitation of appropriations, the number of scholarships awarded and the amount of each scholarship shall be established annually by the executive officer.
(d) Scholarships shall be matched on the basis of $2 from the nurse educator service scholarship program for $1 from the school of nursing at which the qualified applicant is enrolled.
History: L. 2007, ch. 173, § 3; July 1.
(a) As a condition to awarding a scholarship under the program, the executive officer and the qualified applicant for a scholarship shall enter into an agreement which shall require that the scholarship recipient:
(1) Complete the required course of instruction;
(2) engage in the full-time teaching of nursing, or the equivalent to full-time teaching of nursing in a nursing program in the state of Kansas, in accordance with the agreement entered into by the scholarship recipient and the executive officer and continue such full-time teaching, or the equivalent to full-time practice, for a period of not less than one year for each academic year for which the scholarship is awarded, or engage in the part-time teaching of nursing in a nursing program in the state of Kansas in accordance with the agreement entered into by the scholarship recipient and the executive officer and continue such part-time teaching for the total amount of time required under the agreement, which shall be for a period of time that is equivalent to full-time, as determined by the executive officer;
(3) commence the full-time teaching of nursing, or the equivalent to full-time teaching, or the part-time teaching of nursing, within six months after completion of the nurse education program in accordance with the agreement entered into by the scholarship recipient and the executive officer, continue such teaching for the total amount of time required under the agreement and comply with such other terms and conditions as may be specified by such agreement;
(4) maintain records and make reports to the executive officer as may be required by the executive officer to document the satisfaction of the obligations under the program; and
(5) upon failure to satisfy the obligation under any agreement entered into under the program, repay to the state amounts as provided in K.S.A. 74-32,223, and amendments thereto.
History: L. 2007, ch. 173, § 4; July 1.
(a) Except as provided in K.S.A. 74-32,224, and amendments thereto, upon the failure of any person to satisfy the obligation under any agreement entered into pursuant to the program, such person shall pay to the executive officer an amount equal to the total amount of money disbursed on behalf of such person pursuant to such agreement plus accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Installment payments of any such amounts may be made in accordance with the provisions of agreements entered into by the scholarship recipient and the executive officer, in accordance with rules and regulations of the state board of regents, except that such installment payments shall commence six months after the date of the action or circumstances that cause the failure of the person to satisfy the obligations of such agreements, as determined by the executive officer based upon the circumstances of each individual case. Amounts paid under this section to the executive officer shall be deposited in the nurse educator service scholarship repayment fund in accordance with K.S.A. 74-32,226, and amendments thereto.
(b) The state board of regents is authorized to turn any repayment account arising under the program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
History: L. 2007, ch. 173, § 5; L. 2025, ch. 86, § 13; April 24.
(a) Except as otherwise specified in the agreement, an obligation under any agreement entered into under the program shall be postponed: (1) During any required period of active military service; (2) during any period of service as a part of volunteers in service to America (VISTA); (3) during any period of service in the peace corps; (4) during any period of service commitment to the United States public health service; (5) during any period of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on December 31, 2000; (6) during any period of time the person obligated is unable because of temporary medical disability to teach nursing; (7) during any period of time the person obligated is enrolled and actively engaged on a full-time basis in a course of study leading to a degree in the field of nursing which is higher than that attained formerly by the person obligated; (8) during any period of time the person obligated is on job-protected leave under the federal family and medical leave act of 1993; or (9) during any period of time the state board of regents determines that the person obligated is unable because of special circumstances to teach nursing. Except for clauses (6), (8) and (9), an obligation under any agreement entered into as provided in the program shall not be postponed more than five years from the time the obligation was to have been commenced under any such agreement. An obligation under any agreement entered into as provided in the program shall be postponed under clause (6) during the period of time the medical disability exists. An obligation under any agreement entered into as provided in the program shall be postponed under clause (8) during the period of time the person obligated remains on FMLA leave. An obligation under any agreement entered into as provided in the program shall be postponed under clause (9) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to satisfy an obligation under any agreement entered into as provided in the program, and shall determine the documentation required to prove the existence of such circumstances.
(b) An obligation under any agreement entered into as provided in the program shall be satisfied: (1) If the obligation has been completed in accordance with the agreement; (2) if the person obligated dies; (3) if, because of permanent physical disability, the person obligated is unable to satisfy the obligation; (4) if the person obligated fails to satisfy the requirements for completion of the course of study after making the best effort possible to do so; or (5) if the person obligated fails to satisfy all requirements for a permanent license to practice nursing in Kansas or has been denied a license after applying for a license and making the best effort possible to obtain such license.
History: L. 2007, ch. 173, § 6; July 1.
The state board of regents may adopt rules and regulations as necessary to administer the nurse educator service scholarship program.
History: L. 2007, ch. 173, § 7; July 1.
(a) There is hereby created in the state treasury the nurse educator service scholarship program fund. The executive officer shall remit all moneys which are paid under K.S.A. 74-32,222, and amendments thereto, pursuant to scholarship awards, or from a school of nursing, which are paid because of nonattendance or discontinued attendance by scholarship recipients, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the nurse educator service scholarship program fund. All expenditures from such fund shall be for scholarships awarded under the program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person designated by the executive officer.
(b) There is hereby created in the state treasury the nursing service scholarship repayment fund. The executive officer shall remit all moneys received for amounts paid under K.S.A. 74-32,223, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of the nurse educator service scholarship repayment fund. All expenditures from such fund shall be for scholarships awarded under the program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person designated by the executive officer.
History: L. 2007, ch. 173, § 8; July 1.
K.S.A. 74-32,227 through 74-32,232, and amendments thereto, shall be known and may be cited as the military service scholarship program act.
History: L. 2008, ch. 119, § 2; July 1.
As used in the military service scholarship program act:
(a) "Executive officer" means the chief executive officer of the state board of regents appointed under K.S.A. 74-3203a, and amendments thereto.
(b) "Qualified student" means a person who: (1) Is a resident of the state of Kansas; (2) (A) has served, after September 11, 2001, in military service in international waters or on foreign soil in support of military operations for at least 90 days or for less than 90 days because of injuries received during such military service; (B) has received an honorable discharge or under honorable conditions (general) discharge from military service or is still in military service; and (C) has provided copies of military discharge papers (DD Form 214) or active duty orders, whichever such paper or order indicate the location of such person's deployment and indicate the person has served after September 11, 2001, in any military operation for which the person received hostile fire pay; (3) has been accepted for admission to or is enrolled in a course of instruction in a Kansas postsecondary educational institution; and (4) has demonstrated scholastic ability. Any student who has previously received a scholarship under this act may qualify for renewal of the scholarship on the basis of remaining in good standing and making satisfactory progress toward completion of the requirements of the course of instruction in which the student is enrolled.
(c) "State board" means the state board of regents.
(d) "Postsecondary educational institution" has the meaning ascribed thereto by K.S.A. 74-3201b, and amendments thereto.
(e) "Military service" means any active service in any armed service of the United States and any service as a member in good standing in the Kansas army or air national guard.
(f) "Program" means the military service scholarship program.
History: L. 2008, ch. 119, § 3; L. 2013, ch. 69, § 1; July 1.
(a) There is hereby established the military service scholarship program. A scholarship may be awarded under the program to any qualified student and may be renewed for each such student who remains qualified for the scholarship. Determination of the students qualified for such scholarships shall be made by the executive officer. Scholarships shall be awarded on a priority basis to qualified applicants who have the greatest financial need. When determining financial need, the executive officer shall take into consideration federal military educational assistance received by a qualified student, if any.
(b) Within the limitations of appropriations therefor, the number of scholarships awarded and the amount awarded to each applicant shall be determined by the executive officer. The amount awarded shall be specified in the agreement. The amount awarded may vary depending upon the number of hours and the program in which the applicant is enrolled. A scholarship awarded under the program shall provide for payment to a qualified student of an amount not to exceed the amount of the fees and tuition for an academic year at the postsecondary educational institution in which the qualified student is enrolled. Except as provided by this subsection, a qualified student may be awarded a scholarship for not more than four academic years of undergraduate study. If the course of instruction requires a fifth year of undergraduate study, a scholarship may be awarded for the duration of the course of instruction.
(c) If a student is not enrolled on a full-time basis, a student shall complete the course of study within the time period specified in the agreement and shall receive a proportionate amount of the scholarship allowed under subsection (b) based upon the number of hours enrolled in an academic period, and computed as a fraction of the total number of credit hours required for full-time enrollment.
History: L. 2008, ch. 119, § 4; July 1.
(a) An applicant for designation as a qualified student and for the award of a scholarship under the military service scholarship program shall provide to the executive officer, on forms supplied by the executive officer, information required by the executive officer.
(b) As a condition to awarding a scholarship under this act, the executive officer and the applicant shall enter into an agreement which shall require the applicant to:
(1) Complete the required course of instruction; and
(2) maintain records and make reports to the executive officer as required by the agreement.
History: L. 2008, ch. 119, § 5; July 1.
The state board of regents shall adopt rules and regulations for administration of the military service scholarship program and shall establish terms, conditions and obligations which shall be incorporated into the provisions of any agreement entered into between the executive officer and an applicant for the award of a scholarship under the program. The terms, conditions and obligations shall be consistent with the provisions of law relating to the program and shall include, but not be limited to, the circumstances under which eligibility for financial assistance under the program may be terminated and the amount of financial assistance to be provided.
History: L. 2008, ch. 119, § 6; July 1.
There is hereby created in the state treasury the military service scholarship program fund. All expenditures from the military service scholarship program fund shall be for scholarships awarded under the military service scholarship program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person designated by the executive officer.
History: L. 2008, ch. 119, § 7; July 1.
As used in this act: (a) "State scholarship" means an award under this act by this state to a state scholar who has established financial need.
(b) "State scholar" means a full-time, in-state student who has exhibited scholastic ability and who is initially acceptable for entering an eligible institution or who has so entered and is in good standing and making satisfactory progress.
(c) "Full-time, in-state student" means a person who is a resident of Kansas and who is enrolled at an eligible institution in an educational program for at least 12 hours each semester or the equivalent thereof, or who is regularly enrolled at an eligible institution in a vocational or technical education program. The board of regents shall determine the number of hours for terms or program periods other than semesters to constitute the equivalent of 12 hours.
(d) "Financial need" means the difference between the available financial resources of a student and such student's total anticipated expenses to attend an eligible institution. A student's financial resources shall include (1) four hundred and fifty dollars each year from the student's own work and resources, and (2) a contribution from the income and assets of the student's parents, if sufficient, as determined by a completed financial needs analysis statement and based upon the accepted criteria of a nationally recognized financial needs analysis agency. Financial need shall be redetermined annually.
(e) "Eligible institution" means an institution of postsecondary education which maintains open enrollment, the main campus or principal place of operation of which is located in Kansas, and which qualifies as an eligible institution for the federal guaranteed-loan program under the higher education act of 1965 (P.L. 89-329), as amended.
(f) "Open enrollment" means the policy of an institution of postsecondary education which provides the opportunity of enrollment for any student who meets its academic and other reasonable enrollment requirements, without regard for race, gender, religion, creed or national origin.
(g) "Board of regents" means the state board of regents provided for in the constitution of this state and described in article 32 of chapter 74 of Kansas Statutes Annotated.
(h) "Term" means one of two or more divisions of an academic year of an institution of postsecondary education in which substantially all courses begin and end at substantially the same time and during which instruction is regularly given to students.
(i) "Semester" means one of two principal terms, when there are only two principal terms in the academic year, whether or not there are other shorter terms during the same academic year.
(j) "Program period" means the duration of the period of time, or any division thereof, required for completion of a vocational or technical education program which is given in an institution of postsecondary education.
History: L. 1974, ch. 304, § 1; L. 1975, ch. 374, § 8; L. 1977, ch. 237, § 8; L. 1977, ch. 249, § 1; L. 1979, ch. 229, § 3; L. 1986, ch. 274, § 1; July 1.
A state scholarship may be awarded to any qualified state scholar enrolled at any eligible institution. A state scholar may be awarded a state scholarship for not more than eight semesters of undergraduate study or the equivalent thereof, except that a state scholar may be awarded a state scholarship for not more than an additional two semesters of study or the equivalent thereof when the requirements of the educational program in which the state scholar is enrolled include the completion of a fifth year of study. The board of regents shall determine the equivalent of a semester when any program period or all or part of the terms for which a state scholar is awarded a state scholarship are not semesters.
History: L. 1974, ch. 304, § 2; L. 1975, ch. 374, § 9; L. 1985, ch. 243, § 4; L. 1986, ch. 274, § 2; July 1.
(a) The amount of a state scholarship awarded to a state scholar for the fall and spring semesters, or the equivalent thereof, shall be the amount of the state scholar's financial need for the period, except that state scholarships awarded to a state scholar in any year shall not exceed:
(1) Five hundred dollars in any year if the state scholar initially is or was awarded a state scholarship for any program period, term or semester commencing prior to July 1, 1985; and
(2) one thousand dollars in any year if the state scholar initially is awarded a state scholarship for any program period, term or semester commencing after July 1, 1985.
(b) When state scholarships are awarded to a state scholar for any program period or for one or more terms that are not semesters, the board of regents shall determine the equivalent of the fall and spring semesters.
History: L. 1974, ch. 304, § 3; L. 1975, ch. 374, § 10; L. 1985, ch. 243, § 5; L. 1985, ch. 244, § 1; L. 1986, ch. 274, § 3; July 1.
(a) A state scholarship may be paid annually for both the fall and spring semesters, or the equivalent thereof. Payments under any state scholarship shall be allocated equally between the semesters, when the state scholar plans to attend two semesters in an academic year, and otherwise as specified by the board of regents. State scholarships shall be paid at the beginning of each semester, program period or other term upon certification by the eligible institution that the state scholar is enrolled and is a qualified student. Payments of state scholarships shall be made upon vouchers approved by the administrative officer of the board of regents designated by it upon warrants of the director of accounts and reports. Payments of state scholarships may be made by the issuance of a single warrant to each eligible institution at which a state scholar is enrolled for the total amount of state scholarships for all state scholars enrolled at that institution. The director of accounts and reports shall cause such warrant to be delivered to the eligible institution at which such scholar or scholars are enrolled. Upon receipt of such warrant, the eligible institution shall credit immediately the account of each state scholar enrolled at that institution by an amount specified by the board of regents for each such state scholar.
(b) If a scholar discontinues attendance before the end of any semester, program period or other term, after the eligible institution has received payment under this section, the eligible institution shall pay to the state: (1) The entire amount which such scholar would otherwise qualify to have refunded not to exceed the amount of the payment made under such state scholarship at the beginning of such semester, program period or other term; or (2) if the scholar has received payments under any federal program of student assistance in the semester, program period or other term, the state's pro rata share of the entire amount which such scholar would otherwise qualify to have refunded, not to exceed the amount of the payment made under such state scholarship at the beginning of such semester, program period or other term.
(c) All amounts paid to the state by an eligible institution under subsection (b) shall be deposited in the state treasury and credited to the state scholarship discontinued attendance fund, which is hereby created. All expenditures from the state scholarship discontinued attendance fund shall be for state scholarships.
History: L. 1974, ch. 304, § 4; L. 1975, ch. 374, § 11; L. 1979, ch. 229, § 4; L. 1985, ch. 243, § 6; L. 1986, ch. 274, § 4; July 1.
The board of regents shall administer this act and shall:
(a) Publicize application procedures;
(b) Provide application forms, test forms, and forms for determining financial need;
(c) Adopt rules and regulations for determining educational ability, selecting examinations of educational ability and methods for giving such examinations, selecting state scholars, determining financial need, selecting financial needs analysis agencies, determining priority or apportionment of state scholarships and other matters necessary for the administration of this act. The board of regents may provide for apportionment of state scholarships if the appropriations for state scholarships are insufficient to pay all state scholars with financial need. To determine who is an in-state student for the purpose of this act, the board of regents shall adopt rules and regulations for determination of residence of students as provided by law;
(d) Designate and notify each state scholar;
(e) Approve and award state scholarships;
(f) Make an annual report to the governor and legislature, and evaluate the state scholarship program for the period;
(g) Require any eligible institution to promptly furnish any information which the board of regents requests relating to administration or effect of this act.
History: L. 1974, ch. 304, § 5; L. 1975, ch. 374, § 12; July 1.
Each applicant for a state scholarship in accordance with the rules and regulations of the board of regents shall:
(a) Be responsible for the submission to the board of regents of the results of an examination of educational ability which is given by the board of regents or in a manner approved by the board of regents;
(b) Complete and file an application for a state scholarship;
(c) Be responsible for the submission of a financial needs analysis statement to the board of regents;
(d) Report promptly to the board of regents any information requested relating to administration of this act;
(e) File a new application and financial needs analysis statement annually on the basis of which his or her eligibility for a state scholarship shall be evaluated and determined.
History: L. 1974, ch. 304, § 6; L. 1975, ch. 374, § 13; July 1.
Any student who has applied for a Kansas comprehensive grant shall make note of such application when reporting such student's financial resources required by K.S.A. 74-32,233, and amendments thereto. Any student who has received a Kansas comprehensive grant shall list the grant among such student's financial resources as required by K.S.A. 74-32,233, and amendments thereto.
History: L. 1977, ch. 249, § 2; L. 1998, ch. 165, § 7; July 1.
It is the purpose and intention of this act to provide a means whereby the state in cooperation with institutions of postsecondary education can provide a positive educational experience in Kansas for Kansas honor students so as to encourage such students to remain in Kansas for the attainment of their educational goals and for the fulfillment of their career aspirations.
History: L. 1988, ch. 358, § 1; July 1.
As used in this act:
(a) "Kansas honors scholarship" means an award under this act by this state to a Kansas honor student who has established financial need.
(b) "Kansas honor student" means a person who is a resident of Kansas, has not been graduated from high school, is intellectually talented, has demonstrated outstanding scholastic ability and achievement, and is enrolled or has been accepted for enrollment in an honors or gifted program.
(c) "Honors or gifted program" means an educational program designed and operated by an institution of postsecondary education for the purpose of providing Kansas honor students with intellectually stimulating and challenging courses of instruction for college credit and thereby to achieve the purpose and intention of this act.
(d) "Financial need" means the difference between the available financial resources of a Kansas honor student and the total anticipated expenses of the honor student to enroll in and attend an honors or gifted program. Financial need shall be determined by the board of regents.
(e) "Institution of postsecondary education" means any state educational institution, community college, municipal university or accredited independent institution.
(f) "State educational institution" has the meaning ascribed thereto in K.S.A. 76-711, and amendments thereto.
(g) "Community college" means any community college organized and operating under the laws of this state.
(h) "Municipal university" means a municipal university established under the provisions of article 13a of chapter 13 of Kansas Statutes Annotated.
(i) "Accredited independent institution" has the meaning ascribed thereto in K.S.A. 72-6107, and amendments thereto.
(j) "Board of regents" means the state board of regents.
History: L. 1988, ch. 358, § 2; July 1.
(a) A Kansas honors scholarship may be awarded to any Kansas honor student enrolled in an honors or gifted program at any institution of postsecondary education. A Kansas honor student may be awarded a Kansas honors scholarship for not more than two honors or gifted programs.
(b) The amount of a Kansas honors scholarship awarded to a Kansas honor student shall be an amount not to exceed the lesser of an amount equal to the total tuition and required fees for the honors or gifted program in which the honor student is enrolled or an amount equal to the average amount of the total tuition and required fees of students who are residents of Kansas and who are enrolled at the state universities in an educational program for five hours of college credit.
History: L. 1988, ch. 358, § 3; July 1.
(a) The board of regents shall adopt rules and regulations for administration of the provisions of this act and shall:
(1) Publicize procedures for application for Kansas honors scholarships;
(2) provide application forms and forms for determining financial need;
(3) determine residence, as provided by law, of applicants for Kansas honors scholarships;
(4) determine financial need through evaluation of a completed financial needs analysis statement and upon the basis of the accepted criteria of a nationally recognized financial needs analysis agency;
(5) define tuition and required fees for honors or gifted programs;
(6) determine the average amount of the total tuition and required fees of students who are residents of Kansas and who are enrolled at the state universities in an educational program for five hours of college credit;
(7) determine eligibility of applicants for Kansas honors scholarships;
(8) notify each person who is eligible for the award of a Kansas honors scholarship;
(9) approve and award Kansas honors scholarships; and
(10) evaluate the Kansas honors scholarship program for each year and make a report thereon to the governor and the legislature.
(b) The board of regents may use a portion, not to exceed 1%, of the amount appropriated each year for the state scholarship program to pay Kansas honors scholarships. If such amount is insufficient in any year to pay all Kansas honors scholarships in full, the board of regents may provide for apportionment of Kansas honors scholarships among the Kansas honor students eligible therefor.
(c) The board of regents may require any institution of postsecondary education to furnish promptly any information which the board of regents requests relating to administration or effect of this act.
History: L. 1988, ch. 358, § 4; July 1.
(a) Payment to a Kansas honor student of a Kansas honors scholarship shall be made at a time specified by the board of regents upon certification by an institution of postsecondary education that the Kansas honor student is enrolled in an honors or gifted program at the institution. Payments of Kansas honors scholarships shall be made upon vouchers approved by an administrative officer designated by the board of regents and upon warrants of the director of accounts and reports. Payments of Kansas honors scholarships may be made by the issuance of a single warrant to each institution of postsecondary education at which a Kansas honor student is enrolled for the total amount of Kansas honors scholarships for all Kansas honor students enrolled at that institution. The director of accounts and reports shall cause such warrant to be delivered to the institution of postsecondary education at which the Kansas honor student or students are enrolled. Upon receipt of such warrant, the institution of postsecondary education shall credit immediately the account of each Kansas honor student enrolled at that institution by an amount specified by the board of regents for each such student.
(b) If a Kansas honor student discontinues attendance before the end of an honors or gifted program, after the institution of postsecondary education has received payment under this section, the institution shall pay to the state the entire amount which the Kansas honor student would otherwise qualify to have refunded not to exceed the amount of the payment made under the Kansas honors scholarship.
(c) All amounts paid to the state by an institution of postsecondary education under subsection (b) shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state scholarship discontinued attendance fund.
History: L. 1988, ch. 358, § 5; L. 2001, ch. 5, § 295; July 1.
Each applicant for a Kansas honors scholarship, in accordance with rules and regulations of the board of regents, shall:
(a) Complete and file an application for a Kansas honors scholarship;
(b) be responsible for the submission of a financial needs analysis statement to the board of regents; and
(c) report promptly to the board of regents any information requested relating to administration of this act.
History: L. 1988, ch. 358, § 6; July 1.
This act shall be named and may be cited as the "higher education student loan guarantee act."
History: L. 1967, ch. 389, § 1; July 1.
The state board of regents shall be charged with the administration of this act and said board of regents is authorized to receive funds from federal, state or private sources, which funds shall be used for the purpose of guaranteeing loans made by eligible lending institutions to student residents of the state of Kansas, who are enrolled or accepted for enrollment at an eligible institution under the provisions of the higher education act of 1965 and acts amendatory thereof and supplemental thereto (20 USCA 1001 et seq.) and the national vocational student loan insurance act of 1965 and acts amendatory thereof and supplemental thereto (20 USCA 981 et seq.). All funds received by the state board of regents for the purpose of guaranteeing loans provided for by this act shall be placed in the "student loan reserve fund," which fund is hereby created and hereinafter referred to as the fund. No part of the fund shall be used for administrative expenses.
History: L. 1967, ch. 389, § 2; L. 1969, ch. 331, § 4; L. 1975, ch. 374, § 14; L. 1975, ch. 375, § 1; July 1.
The state board of regents is hereby authorized to negotiate and enter into such agreements as in its sound discretion are deemed necessary for the administration and conduct of the student loan guarantee program and in so doing may contract with a private, nonprofit organization which is organized for the purpose of administering guaranteed student loan programs in two or more states and which organization is approved by the United States commissioner of education.
The state board of regents is further authorized, in its discretion, to deposit all or any portion of the student loan reserve fund with any such private, nonprofit organization on behalf of and to strengthen individual and separate institutional student loan guarantee programs, which have been established with institutional funds and which benefit students attending the following Kansas colleges and universities: Washburn university of Topeka, Central college in McPherson, Donnelly college in Kansas City, Hesston college in Hesston, Mid-America Nazarene college in Olathe, St. John's college in Winfield, colleges and universities under the supervision of the state board of regents, community colleges, or any school district offering an approved course or program of vocational education if approved by the United States commissioner of education for participation in the benefits of federal student loan legislation and private, nonprofit four-year colleges, whose offerings are programmed primarily in the liberal arts leading to a bachelor's degree, and which are approved by the state board of education as teacher training institutions.
History: L. 1967, ch. 389, § 3; L. 1969, ch. 331, § 5; L. 1975, ch. 374, § 15; L. 1988, ch. 297, § 11; July 1.
The state board of regents shall have the power to sue and be sued, adopt necessary rules and regulations and establish and maintain such records as are required by good accounting practices, but said board of regents shall not in any manner, directly or indirectly, pledge the credit of the state of Kansas.
History: L. 1967, ch. 389, § 4; L. 1975, ch. 374, § 16; July 1.
The state board of regents may appoint such employees as it deems necessary to properly administer the provisions of this act who shall be within the classified service under the Kansas civil service act.
History: L. 1967, ch. 389, § 5; L. 1972, ch. 262, § 2; L. 1975, ch. 374, § 17; July 1.
Any contract, promissory note, or other written obligation made by any minor to repay or secure payment of a loan in accordance with the provisions of this act and payment whereof is guaranteed by the state board of regents, or its contracting agent, or which forms a part of the same transaction as the making of such loan shall, notwithstanding any provision of law to the contrary, be as valid and binding as if said person were at the time of making and executing the same of the age of eighteen (18) years, and they may be enforced in any action or proceeding by or against such person in his or her own name, and shall be valid without the consent thereto of the parent or guardian of such person, and such person shall not disaffirm such instrument because of his or her age, nor shall any person hereafter interpose the defense that he or she is, or was, at the time of making and executing the same, a minor in any action or proceeding arising out of any such loan.
History: L. 1967, ch. 389, § 6; L. 1972, ch. 161, § 18; L. 1975, ch. 374, § 18; July 1.
(a) All revenue bonds, and all interest paid to holders thereof, issued by a qualified nonprofit corporation for the purpose of providing a higher education loan program in Kansas shall be exempt from taxation of every kind by the state of Kansas and by any taxing subdivision thereof.
(b) As used in this act:
(1) "Higher education loan program" means a program which is provided for the purpose of making loans available to students and to parents of students and which is operated under applicable federal loan programs established pursuant to the provisions of the Higher Education Act of 1965, as amended; and
(2) "qualified nonprofit corporation" means a nonprofit corporation organized under the laws of the state of Kansas which is approved as the single nonprofit corporation providing a statewide higher education loan program and which is authorized to issue obligations which are exempt from federal income taxation.
History: L. 1977, ch. 322, § 1; L. 1982, ch. 300, § 1; April 8.
As used in this act: (a) "Board" means the board of education of any school district or the board of trustees of any community college.
(b) "State board" means the state board of regents.
(c) "State plan" means the plan for adult basic education programs prepared and adopted by the state board in accordance with state and federal law.
(d) "Adult basic education program" means a program of one or more courses in general education subjects taught at the grade school or high school level under the supervision of a board for eligible persons which is included in the state plan and for which federal funds are received pursuant to federal law.
(e) "Eligible persons" means persons who (1) have attained the age of 16, (2) have not graduated from high school and have not been recognized as having achieved an equivalent level of education, and (3) are not now regularly enrolled in school.
(f) "Adult supplementary education program" means a program of one or more courses in any subject, other than courses in the adult basic education program or courses approved for state funding purposes, which is conducted under the supervision of a board for persons who have attained the age of 16.
(g) "Federal law" means the adult education act of 1966 (title III, P.L. 89-750), and acts amendatory thereof.
History: L. 1974, ch. 311, § 1; L. 1999, ch. 147, § 116; L. 2000, ch. 86, § 4; April 20.
(a) The state of Kansas does hereby accept the provisions and benefits of federal law relating to adult basic education programs. The state board is hereby designated as the agency for administration of adult basic education programs and for supervision of the administration of adult basic education programs by boards. The state board is authorized to prepare, from time to time amend, and administer the state plan in accordance with state and federal law.
(b) The state board shall enter into agreements with the United States office of education and other agencies of the federal government for the purpose of participation in adult basic education programs provided for by federal law. Any such agreement may contain provisions required or authorized by federal law, so long as the same are not in conflict with the provisions of this act.
History: L. 1974, ch. 311, § 2; L. 1999, ch. 147, § 117; July 1.
(a) The state board shall be responsible for the allocation and distribution of state and federal funds for adult basic education programs in accordance with this act and with the state plan. Such moneys shall be expended only in accordance with and for the purposes specified in federal or state law or the state plan. Federal funds for adult basic education programs shall be deposited in the state treasury. Payments under this act may be made in installments and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. The state board shall approve vouchers for disbursements from moneys in the state treasury for adult basic education programs, and the director of accounts and reports shall draw his warrants thereon in accordance with law.
(b) The state board may adopt rules and regulations for the administration of this act, and for the distribution of federal and state funds for adult basic education programs so long as the same are not inconsistent with the provisions of this act.
History: L. 1974, ch. 311, § 3; July 1.
Each board is authorized to establish, conduct, maintain and administer an adult basic education program and such program shall meet standards and criteria set by the state board. Cooperative agreements among boards may be entered into for providing in conformity with the purposes of this act, such programs, facilities, equipment and services as may be necessary or desirable. No such cooperative agreement shall be effective until the same has been approved by the state board which approval shall be granted if such agreement complies with the standards and criteria established by the state board.
History: L. 1974, ch. 311, § 4; July 1.
The state board may enter into agreements with any board for the establishment and operation of adult basic education programs and any board desiring to secure state and federal funds for the cost of conducting the same shall certify and file an application with the state board for the approval of such adult basic education program. The application shall be on a form prescribed and furnished by the state board, shall contain such information as the state board shall require, and shall be filed on or before July 1 of each year. Approval of the application and the program shall be prerequisite to payment of state and federal funds to any board.
History: L. 1974, ch. 311, § 5; L. 1999, ch. 147, § 118; July 1.
In each fiscal year, to the extent that appropriations are available therefor, each board shall be entitled to receive from state funds, an amount to be determined by the state board on the basis of priorities established through the learning needs survey conducted in accordance with the state plan.
History: L. 1974, ch. 311, § 6; July 1.
(a) Subject to the provisions of subsection (b), the board of any school district may make an annual tax levy for a period of not to exceed five years in an amount not to exceed ½ mill upon the assessed taxable tangible property within the school district to maintain and operate an adult basic education program at a level approved by the state board and for the purpose of paying a portion of the principal and interest on bonds issued by cities under authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district. Proceeds from the tax levy, except for an amount to pay a portion of the principal and interest on bonds issued by cities under authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district, shall be deposited in the adult education fund of the school district, which fund is hereby established. Notwithstanding any other provision of law, all moneys received by the school district from whatever source for adult basic education shall be credited to the adult education fund established by this section. The expenses of a school district directly attributable to adult basic education shall be paid from the adult education fund.
(b) No tax levy shall be made under this section until a resolution authorizing the levy is passed by the board and published once a week for three consecutive weeks in a newspaper having general circulation in the school district. The resolution shall specify the millage rate of the tax levy and the period of time for which the tax levy shall be made under authority thereof. After adoption of the resolution, the levy may be made unless, within 90 days following the last publication of the resolution, a petition in opposition to the levy, signed by not less than 5% of the qualified electors of the school district, is filed with the county election officer of the home county of the school district. In the event a petition is filed, the tax shall not be levied without the question of levying the same having been submitted to and approved by a majority of the qualified electors of the school district voting at an election which shall be called for that purpose or at the next general election.
(c) The board of any school district which has made a tax levy authorized under the provisions of this section may initiate procedures to renew its authority to make such a tax levy at any time after the final levy under a current authorization is certified to the county clerk.
History: L. 1974, ch. 311, § 7; L. 1974, ch. 312, § 1; L. 1979, ch. 52, § 177; L. 1985, ch. 242, § 1; July 1.
The state board shall adopt rules and regulations for the keeping of records and the making of reports on programs under this act.
History: L. 1974, ch. 311, § 9; July 1.
(a) Any board may establish and maintain an adult supplementary education program for the instruction of persons desirous of attending such a program.
(b) The cost of instruction for adult supplementary education programs shall be borne by the school district or community college and the board shall obtain and furnish the necessary teaching personnel and supplies. Tuition or fees shall be charged by the board to offset expense of operation of adult supplementary education programs in part or in total.
(c) There is hereby established in every school district and in every community college a fund which shall be called the adult supplementary education fund, which fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by a board for adult supplementary education shall be deposited in the adult supplementary education fund established by this section. The expenses of a school district or a community college attributable to adult supplementary education shall be paid from the adult supplementary education fund.
History: L. 1974, ch. 311, § 10; L. 1979, ch. 223, § 3; L. 1999, ch. 147, § 119; July 1.
(a) Boards shall employ teachers who have known competence in the subjects taught. School teacher licensure requirements shall be applied to adult education teachers only in cases where general education subjects are taught in adult basic education programs for grade school or high school credit.
(b) The board shall issue a certificate of accomplishment to every student completing an adult basic education course, which certifies the subjects studied and the accomplishments made therein. Such certificates shall be issued in accordance with the state plan.
(c) Any board may adopt regulations governing the operation of adult education programs. Any board may authorize persons not residents of the district to participate in adult education programs. The teachers and administrators in such adult education programs shall have the same authority over students as is exercised in regular school instruction.
History: L. 1974, ch. 311, § 11; L. 2005, ch. 69, § 18; July 1.
(a) The state board of regents may adopt rules and regulations relating to the processing and issuance of general educational development (GED) credentials.
(b) Each application to the state board of regents for issuance or duplication of general educational development credentials or verification of credentials shall be accompanied by a fee which shall be established by the state board of regents and shall be in an amount of not more than $25. On or before June 1 of each year, the state board of regents shall determine the amount of revenue which will be required to properly administer the provisions of this section during the next ensuing fiscal year, and shall establish the GED credentials processing fee for such year in the amount deemed necessary for such purposes. Such fee shall become effective on the succeeding July 1 of each year. The state board of regents shall remit all moneys received by or for it from GED credentials processing fees to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the GED credentials processing fees fund, which fund is hereby established in the state treasury, and shall be used only for the payment of expenses connected with the processing, issuance or duplication of GED credentials, and for the keeping of records by the state board of regents. All expenditures from the GED credentials processing fees fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board of regents or by a person or persons designated by the state board.
History: L. 1982, ch. 306, § 1; L. 1999, ch. 147, § 120; L. 2001, ch. 5, § 288; L. 2003, ch. 79, § 1; L. 2016, ch. 74, § 4; July 1.
The midwestern higher education compact is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
MIDWESTERN HIGHER EDUCATION COMPACT
Article I.—Purpose
The purpose of the Midwestern Higher Education Compact shall be to provide greater higher education opportunities and services in the Midwestern region, with the aim of furthering regional access to, research in and choice of higher education for the citizens residing in the several states which are parties to this Compact.
Article II.—The Commission
(A) The compacting states hereby create the Midwestern Higher Education Commission, hereinafter called the Commission. The Commission shall be a body corporate of each compacting state. The Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact.
(B) The Commission shall consist of five resident members of each state as follows: the governor or the governor's designee who shall serve during the tenure of office of the governor; two legislators, one from each house (except Nebraska, which may appoint two legislators from its Unicameral Legislature), who shall serve two-year terms and be appointed by the appropriate appointing authority in each house of the legislature; and two other at-large members, at least one of whom shall be selected from the field of higher education. The at-large members shall be appointed in a manner provided by the laws of the appointing state. One of the two at-large members initially appointed in each state shall serve a two-year term. The other, and any regularly appointed successor to either at-large member, shall serve a four-year term. All vacancies shall be filled in accordance with the laws of the appointing states. Any commissioner appointed to fill a vacancy shall serve until the end of the incomplete term.
(C) The Commission shall select annually, from among its members, a chairperson, a vice chairperson and a treasurer.
(D) The Commission shall appoint an executive director who shall serve at its pleasure and who shall act as secretary to the Commission. The treasurer, the executive director and such other personnel as the Commission may determine, shall be bonded in such amounts as the Commission may require.
(E) The Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a majority of the Commission members of three or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(F) Each compacting state represented at any meeting of the Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Commission.
Article III.—Powers and Duties of the Commission
(A) The Commission shall adopt a seal and suitable bylaws governing its management and operations.
(B) Irrespective of the civil service, personnel or other merit system laws of any of the compacting states, the Commission in its bylaws shall provide for the personnel policies and programs of the Compact.
(C) The Commission shall submit a budget to the governor and legislature of each compacting state at such time and for such period as may be required. The budget shall contain specific recommendations of the amount or amounts to be appropriated by each of the compacting states.
(D) The Commission shall report annually to the legislatures and governors of the compacting states, to the Midwestern Governors' Conference and to the Midwestern Legislative Conference of the Council of State Governments concerning the activities of the Commission during the preceding year. Such reports shall also embody any recommendations that may have been adopted by the Commission.
(E) The Commission may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, foundation, person, firm or corporation.
(F) The Commission may accept for any of its purposes and functions under the Compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, foundation, person, firm, or corporation, and may receive, utilize and dispose of the same.
(G) The Commission may enter into agreements with any other interstate education organizations or agencies and with higher education institutions located in non-member states and with any of the various states of these United States to provide adequate programs and services in higher education for the citizens of the respective compacting states. The Commission shall, after negotiations with interested institutions and interstate organizations or agencies, determine the cost of providing the programs and services in higher education for use in these agreements.
(H) The Commission may establish and maintain offices, which shall be located within one or more of the compacting states.
(I) The Commission may establish committees and hire staff as it deems necessary for the carrying out of its functions.
(J) The Commission may provide for actual and necessary expenses for attendance of its members at official meetings of the Commission or its designated committees.
Article IV.—Activities of the Commission
(A) The Commission shall collect data on the long-range effects of the Compact on higher education. By the end of the fourth year from the effective date of the Compact and every two years thereafter, the Commission shall review its accomplishments and make recommendations to the governors and legislatures of the compacting states on the continuance of the Compact.
(B) The Commission shall study issues in higher education of particular concern to the Midwestern region. The Commission shall also study the needs for higher education programs and services in the compacting states and the resources for meeting such needs. The Commission shall, from time to time, prepare reports on such research for presentation to the governors and legislatures of the compacting states and other interested parties. In conducting such studies, the Commission may confer with any national or regional planning body. The Commission may draft and recommend to the governors and legislatures of the various compacting states suggested legislation dealing with problems of higher education.
(C) The Commission shall study the need for provision of adequate programs and services in higher education, such as undergraduate, graduate or professional student exchanges in the region. If a need for exchange in a field is apparent, the Commission may enter into such agreements with any higher education institution and with any of the compacting states to provide programs and services in higher education for the citizens of the respective compacting states. The Commission shall, after negotiations with interested institutions and the compacting states, determine the cost of providing the programs and services in higher education for use in its agreements. The contracting states shall contribute the funds not otherwise provided, as determined by the Commission, for carrying out the agreements. The Commission may also serve as the administrative and fiscal agent in carrying out agreements for higher education programs and services.
(D) The Commission shall serve as a clearinghouse on information regarding higher education activities among institutions and agencies.
(E) In addition to the activities of the Commission previously noted, the Commission may provide services and research in other areas of regional concern.
Article V.—Finance
(A) The monies necessary to finance the general operations of the Commission not otherwise provided for in carrying forth its duties, responsibilities and powers as stated herein shall be appropriated to the Commission by the compacting states, when authorized by the respective legislatures, by equal apportionment among the compacting states.
(B) The Commission shall not incur any obligations of any kind prior to the making of appropriations adequate to meet the same; nor shall the Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(C) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.
(D) The accounts of the Commission shall be open at any reasonable time for inspection by duly authorized representatives of the compacting states and persons authorized by the Commission.
Article VI.—Eligible Parties and Entry into Force
(A) The states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin shall be eligible to become party to this Compact. Additional states will be eligible if approved by a majority of the compacting states.
(B) As to any eligible party state, this Compact shall become effective when its legislature shall have enacted the same into law; provided that it shall not become initially effective until enacted into law by five states prior to the 31st day of December 1995.
(C) Amendments to the Compact shall become effective upon their enactment by the legislatures of all compacting states.
Article VII.—Withdrawal, Default and Termination
(A) Any compacting state may withdraw from this Compact by enacting a statute repealing the Compact, but such withdrawal shall not become effective until two years after the enactment of such statute. A withdrawing state shall be liable for any obligations which it may have incurred on account of its party status up to the effective date of withdrawal, except that if the withdrawing state has specifically undertaken or committed itself to any performance of an obligation extending beyond the effective date of withdrawal, it shall remain liable to the extent of such obligation.
(B) If any compacting state shall at any time default in the performance of any of its obligations, assumed or imposed, in accordance with the provisions of this Compact, all rights, privileges and benefits conferred by this Compact or agreements hereunder shall be suspended from the effective date of such default as fixed by the Commission, and the Commission shall stipulate the conditions and maximum time for compliance under which the defaulting state may resume its regular status. Unless such default shall be remedied under the stipulations and within the time period set forth by the Commission, this Compact may be terminated with respect to such defaulting state by affirmative vote of a majority of the other member states. Any such defaulting state may be reinstated by performing all acts and obligations as stipulated by the Commission.
Article VIII.—Severability and Construction
The provisions of this Compact entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any compacting state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact entered into hereunder shall be held contrary to the constitution of any compacting state, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this Compact entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof.
History: L. 1990, ch. 332, § 1; July 1.
The members of the midwestern higher education commission representing the state of Kansas shall be the following: (a) The governor or a designee of the governor; (b) two members of the legislature appointed by the legislative coordinating council so that one is a member of the senate and one is a member of the house of representatives and such members are not members of the same political party; and (c) two members of the state board of regents selected by the state board or, at the discretion of the state board, designees thereof. One such member shall be representative of the four-year institutions of higher education and one such member shall be representative of the two-year institutions of higher education. The term of the member serving under subpart (a) shall expire concurrently with the term of the governor. The terms of members serving under subpart (b) shall expire concurrently with their terms as state officers or two years after the date of their appointment to membership on the commission, whichever occurs sooner, except that legislative members serving on the commission's executive committee may serve up to one additional two-year term while serving on such executive committee. The term of each member serving under subpart (c), if such member is a state officer, shall expire concurrently with such member's term as a state officer or four years after the date of appointment to membership on the commission, whichever occurs sooner. If such member is not a state officer, the term of such member shall expire four years after the date of appointment to membership on the commission. All vacancies in the membership of the commission shall be filled in the same manner as originally filled, except that vacancies created for reasons other than expiration of terms of office shall be filled for the unexpired terms.
History: L. 1990, ch. 332, § 2; L. 2000, ch. 86, § 6; L. 2006, ch. 168, § 9; July 1.
The provisions of this act shall expire on January 1, 1996, if the midwestern higher education compact does not become effective prior to December 31, 1995.
History: L. 1990, ch. 332, § 3; July 1.
(a) There is hereby established the AO-K to work program. The provisions of this program shall apply to all adult education programs in the state.
(b) As used in this section:
(1) "AO-K" or "accelerating opportunity: Kansas" means a career pathways program model that assists students in obtaining a high school equivalency, becoming ready for transferable college-level courses and earning an industry credential.
(2) "Career readiness assessment" means an assessment approved by the state board of regents to measure foundational skills required for success in the workplace and workplace skills that affect job performance.
(3) "Career readiness certificate" means a certificate that uses a career readiness assessment approved by the state board of regents to document an individual's skills in applied math, graphic literacy and workplace documents.
(4) "Community college" means a community college as defined in K.S.A. 71-701, and amendments thereto.
(5) "Industry recognized credential" means a credential recognized by multiple employers across an industry as determined by the state board of regents.
(6) "Kansas adult education program" means any educational institution or approved agency that receives adult education funding through the state board of regents; provides adult education or English language acquisition programs; serves Kansas adults aged 16 and over who are in need of basic skills for the workforce, community participation and family life; and prepares adults for achieving industry recognized credentials and college certificates and degrees.
(7) "Qualified student" means an individual who has:
(A) Attained 21 years of age;
(B) not been awarded a high school diploma;
(C) been accepted into a Kansas adult education program;
(D) demonstrated high school equivalency by meeting the criteria established by the state board of regents pursuant to this section; and
(E) declared an AO-K career pathway interest.
(8) "Technical college" means a technical college as defined in K.S.A. 71-1802, and amendments thereto.
(c) The state board of regents shall award a Kansas high school equivalency credential to any qualified student who:
(1) Is recommended and approved to participate in a AO-K career pathway approved by the state board of regents for college credit;
(2) successfully completes an approved AO-K career pathway and receives the industry-recognized credential appropriate to the completed pathway;
(3) takes a career readiness assessment and earns a career readiness certificate at a level approved by the state board of regents; and
(4) satisfies any other requirements deemed necessary by the state board of regents.
(d) (1) While enrolled in an AO-K program, all students shall be provided reasonable access to all available student resources of the adult education program, the participating technical or community college and the appropriate community partners, including, but not limited to, appropriate academic support, barrier mitigation, employment or career assistance, books, tools and personal materials required to participate in an AO-K career pathway program and industry examinations.
(2) Subject to appropriations, the amount of a state payment for books, tools, personal materials and industry examinations shall be the aggregate amount of the cost of books, tools, personal materials and industry examinations for the career pathway program at the technical college or community college where such student is enrolled and receiving assistance. The amount of such payment provided for each student shall not exceed $500 over the lifetime of the student.
(e) Each application to the state board of regents for issuance or duplication of a Kansas high school equivalency credential shall be accompanied by a fee established by the state board of regents in an amount of not more than $25. On or before June 1 of each year, the state board of regents shall determine the amount of revenue required to properly administer the provisions of this section during the next ensuing fiscal year and shall establish the Kansas high school equivalency credentials processing fee for such year in the amount deemed necessary for such purposes. Such fee shall become effective on the succeeding July 1 of each year. The state board of regents shall remit all moneys received by or for it from Kansas high school equivalency credentials processing fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas high school equivalency credential processing fees fund, which fund is hereby established in the state treasury and shall be used only for the payment of expenses connected with the processing, issuance or duplication of Kansas high school equivalency credentials and keeping of records by the state board of regents. All expenditures from the Kansas high school equivalency credential processing fees fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board of regents or by a person or persons designated by the state board.
(f) The state board of regents may adopt rules and regulations to implement and administer the provisions of this act.
History: L. 2019, ch. 28, § 1; L. 2023, ch. 95, § 4; L. 2024, ch. 82, § 23; May 2.
(a) K.S.A. 2025 Supp. 74-32,271 et seq., and amendments thereto, shall be known and may be cited as the Kansas promise scholarship act.
(b) As used in the Kansas promise scholarship act:
(1) "Eligible postsecondary educational institution" means:
(A) Any community college or technical college established under the laws of this state and with a recognized service area;
(B) the Washburn institute of technology; or
(C) any not-for-profit institution of postsecondary education with its main campus or principal place of operation in Kansas that offers a promise eligible program, is operated independently and not controlled or administered by any state agency or subdivision of the state, maintains open enrollment and is accredited by a nationally recognized accrediting agency for higher education in the United States.
(2) "Military servicemember" means the same as defined in K.S.A. 48-3406, and amendments thereto.
(3) "Part-time student" means a student who is enrolled for six credit hours or more in the fall, summer or spring semester and is not enrolled as a full-time student.
(4) "Promise eligible program" means any two-year associate degree program or career and technical education certificate or stand-alone program offered by an eligible postsecondary educational institution that is:
(A) Approved by the state board of regents;
(B) high wage, high demand or critical need; and
(C) identified as a "promise eligible program" by the state board of regents pursuant to K.S.A. 2025 Supp. 74-32,272, and amendments thereto, or a "promise eligible program" within a field of study designated by an eligible postsecondary educational institution pursuant to K.S.A. 2025 Supp. 74-32,273, and amendments thereto.
History: L. 2021, ch. 91, § 1; L. 2022, ch. 94, § 28; May 26.
(a) There is hereby established the Kansas promise scholarship program. The state board of regents shall implement and administer the program.
(b) On or before March 1, 2023, the state board of regents shall adopt rules and regulations to implement and administer the Kansas promise scholarship program. Such rules and regulations shall establish:
(1) A scholarship application process, including, but not limited to, accepting scholarship applications throughout the academic year and processing such applications in the order such applications were received;
(2) appeal procedures for denial or revocation of a Kansas promise scholarship;
(3) guidelines to ensure as much as is practicable that, if a student who received a Kansas promise scholarship graduates from a promise eligible program and subsequently enrolls in a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, or municipal university, any courses taken by such student shall be transferred to the state educational institution or municipal university and qualify toward the student's baccalaureate degree;
(4) the terms, conditions and requirements that shall be incorporated into each Kansas promise scholarship agreement, which shall not be more stringent than the requirements for Kansas promise scholarship agreements provided in this act;
(5) procedures for requesting and approving medical, military and personal absences from an eligible postsecondary educational institution while receiving a Kansas promise scholarship;
(6) criteria for determining whether a student who received a Kansas promise scholarship fulfilled the residency, employment and repayment requirements included in a Kansas promise scholarship agreement as provided in K.S.A. 2025 Supp. 74-32,276, and amendments thereto;
(7) criteria for determining when a student who received a Kansas promise scholarship may be released from the requirements of a Kansas promise scholarship, if there are special circumstances that caused such student to be unable to complete such requirements; and
(8) that no eligible postsecondary educational institution may:
(A) Limit scholarship awards to certain promise eligible programs at such institution; or
(B) award less than the full Kansas promise scholarship amount for which a student qualifies as long as funds are available in the Kansas promise scholarship program fund.
(c) The state board of regents shall:
(1) Identify the promise eligible programs offered by each eligible postsecondary educational institution that are:
(A) Within a field of study designated by the eligible postsecondary educational institution pursuant to K.S.A. 2025 Supp. 74-32,273, and amendments thereto; and
(B) in any of the following fields of study:
(i) Information technology and security;
(ii) mental and physical healthcare;
(iii) advanced manufacturing and building trades; or
(iv) early childhood education and development, elementary education and secondary education;
(2) work with community partners, such as community foundations, school districts, postsecondary educational institutions, Kansas business and industry and Kansas economic development organizations to publicize Kansas promise scholarships, including, but not limited to, publicizing eligible postsecondary educational institutions, approved scholarship-eligible educational programs, application procedures and application deadlines;
(3) disburse funds to each eligible postsecondary educational institution for the purpose of awarding Kansas promise scholarships;
(4) request information from eligible postsecondary educational institutions and any state agency necessary for the administration of this act;
(5) accept electronic signatures as sufficient and valid on all forms and agreements required by the Kansas promise scholarship program and any rules and regulations adopted thereunder;
(6) enforce Kansas promise scholarship agreements;
(7) collect any moneys repaid by students pursuant to K.S.A. 2025 Supp. 74-32,276, and amendments thereto;
(8) determine whether students who received a Kansas promise scholarship fulfill the residency, employment and repayment requirements provided in K.S.A. 2025 Supp. 74-32,276, and amendments thereto; and
(9) annually evaluate the Kansas promise scholarship program and prepare and submit a report to the senate standing committee on education and the house of representatives standing committee on education. Such report shall include, but not be limited to, the total program cost for each promise eligible program at each eligible postsecondary educational institution, the amount of scholarship moneys awarded that went to each promise eligible program, the number of credit hours paid for with scholarship moneys, the amount of scholarship moneys expected to be awarded to each institution for each semester, the number of scholarships awarded, the total amount of scholarship moneys awarded, the amount of scholarship moneys provided for tuition, fees, books and supplies, measures postsecondary educational institutions have taken in working with private business and industry in the state to determine appropriate fields of study and a review of the employment of scholarship recipients who have completed the Kansas promise scholarship program, including, but not limited to, employment fields and geographic location of such employment.
(d) (1) The state board of regents may designate an associate degree transfer program as an eligible program only if such program is included in:
(A) An established 2+2 agreement with a Kansas four-year postsecondary educational institution; or
(B) an articulation agreement with a Kansas four-year postsecondary educational institution and is part of an established degree pathway that allows a student to transfer at least 60 credit hours from the eligible postsecondary educational institution to a four-year postsecondary educational institution for the completion of an additional 60 credit hours toward a bachelor's degree.
(2) The provisions of this subsection shall be construed and applied retroactively to the enactment of the Kansas promise scholarship program on July 1, 2021.
(e) (1) The state board of regents may remove a promise eligible program from the list of approved promise eligible programs only in accordance with this subsection. If the state board of regents proposes to remove a promise eligible program from such list, the state board of regents shall notify all eligible postsecondary educational institutions of the proposal to remove such program by May 1 of the calendar year that precedes the calendar year in which such program would officially be removed from such list. Within 30 calendar days of receipt, each eligible postsecondary educational institution may appeal such proposed removal to the state board of regents. Following such appeal period, within 45 calendar days, the state board of regents shall consider any such appeal and issue a final decision upon whether the program shall be removed. If the state board of regents issues a final decision to remove such program, the program shall be removed from the list of approved promise eligible programs only after not less than 14 months have elapsed from the date that the state board of regents issued the final decision to remove such program.
(2) The provisions of this subsection shall apply to any program that has been approved by the state board of regents as a promise eligible program on or after July 1, 2021.
History: L. 2021, ch. 91, § 2; L. 2022, ch. 94, § 29; L. 2023, ch. 64, § 12; May 4.
(a) In addition to the fields of study provided in K.S.A. 2025 Supp. 74-32,272, and amendments thereto, an eligible postsecondary educational institution may designate an additional field of study for awarding a Kansas promise scholarship to meet local employment needs if:
(1) Promise eligible programs within such field of study are two-year associate degree programs or career and technical education certificates or stand-alone programs approved by the state board of regents that correspond to jobs that are high wage, high demand or critical need in the community;
(2) the institution already offers such field of study; and
(3) such field of study is one of the following:
(A) Agriculture;
(B) food and natural resources;
(C) education and training;
(D) law, public safety, corrections and security; or
(E) transportation, distribution and logistics.
(b) An eligible postsecondary educational institution that designates an additional promise eligible field of study pursuant to this section shall maintain the promise eligible field of study designation for at least three consecutive years. After maintaining such field of study for at least three years, the institution may designate a new promise eligible field of study that corresponds to a high wage, high demand or critical need occupation to replace the existing designated promise eligible field of study. Any newly designated field of study shall be subject to the requirements of this section.
(c) Programs designated by eligible institutions prior to the effective date of this act shall be maintained until all students currently enrolled in such programs have exhausted their promise scholarship eligibility.
History: L. 2021, ch. 91, § 3; L. 2022, ch. 94, § 30; L. 2023, ch. 64, § 13; May 4.
(a) Subject to appropriations, the amount of a Kansas promise scholarship for a student for each academic year shall be determined as follows:
(1) For a student enrolled in a promise eligible program offered by an eligible public postsecondary educational institution described in K.S.A. 2025 Supp. 74-32,271(b)(1)(A) or (B), and amendments thereto, the scholarship amount shall be the aggregate amount of tuition, required fees and the cost of books and required materials for the promise eligible program at the eligible postsecondary educational institution for the academic year in which the student is enrolled and receiving the scholarship minus the aggregate amount of all other aid awarded to such student for such academic year.
(2) For a student enrolled in a promise eligible program offered by an eligible private postsecondary educational institution described in K.S.A. 2025 Supp. 74-32,271(b)(1)(C), and amendments thereto, the scholarship amount shall be the aggregate amount of tuition, required fees and the cost of books and materials for such program for the academic year in which the student is enrolled and receiving the scholarship minus the aggregate amount of all other aid awarded to such student for such academic year, except that a scholarship awarded pursuant to this paragraph shall not exceed the average cost of tuition, required fees and the cost of books and required materials for such promise eligible program when offered by an eligible public postsecondary educational institution described in K.S.A. 2025 Supp. 74-32,271(b)(1)(A) or (B), and amendments thereto.
(b) Kansas promise scholarships shall only be awarded to an eligible student whose family household income equals $100,000 or less for a family of one or two, $150,000 or less for a family of three and, for household sizes above three, a household income that is equal to or less than the family of three amount plus $4,800 for each additional family member.
(c) (1) Kansas promise scholarship awards shall be used only to pay for up to a total of 68 promise scholarship funded credit hours or a total of $20,000 in Kansas promise scholarship awards, whichever occurs first, over the lifetime of the student who received the Kansas promise scholarship award regardless of the eligible postsecondary educational institution such student attended.
(2) Kansas promise scholarship awards shall not be used to fund:
(A) Prerequisite classes required for a promise eligible program unless such classes are a designated course within the eligible program; or
(B) any remedial course, as defined in K.S.A. 76-7,151, and amendments thereto, unless such course is offered in a corequisite format.
(d) For each fiscal year, the appropriation made for the Kansas promise scholarship program shall not exceed $10,000,000.
(e) The state board of regents shall disburse funds based on reimbursement requests from eligible postsecondary educational institutions. Reimbursement requests shall be based on the actual amount of Kansas promise scholarship amounts awarded by an eligible postsecondary educational institution for the appropriate academic period. Any eligible postsecondary educational institution seeking reimbursement shall submit a reimbursement request to the state board of regents on or before September 1, December 1, March 1 and June 1 of each year. The state board of regents shall disburse the appropriate amount of funds to eligible postsecondary educational institutions on September 15, December 15, March 15 and June 15 each year.
(f) As used in this section, "aid" includes any grant, scholarship or financial assistance awards that do not require repayment. "Aid" does not include any military financial educational benefits or any family postsecondary savings account or other qualified tuition program established pursuant to section 529 of the internal revenue code of 1986, as amended.
History: L. 2021, ch. 91, § 4; L. 2022, ch. 94, § 31; L. 2023, ch. 64, § 14; May 4.
(a) To be eligible for a Kansas promise scholarship, a student shall:
(1) Be a United States citizen;
(2) be a Kansas resident;
(3) (A) have graduated from an accredited Kansas public or private secondary school within the preceding 12 months;
(B) have completed the requirements for graduation at a non-accredited private secondary school as provided in K.S.A. 72-4345, and amendments thereto, within the preceding 12 months;
(C) attended an accredited Kansas public or private secondary school or non-accredited private school as provided in K.S.A. 72-4345, and amendments thereto, and obtained a high school equivalency certificate within the preceding 12 months;
(D) upon application for a scholarship, have been a resident of Kansas for three or more consecutive years as evidenced by the date of issuance on a Kansas-issued identification card or through Kansas voter registration records or Kansas income tax documentation;
(E) be a dependent child of a military servicemember permanently stationed in another state and who, within the preceding 12 months, graduated from any out-of-state secondary school or obtained a high school equivalency certificate; or
(F) have been in the custody of the secretary for children and families at any time such student was enrolled in and attending any of the grades nine through 12 and not eligible for assistance under the Kansas foster child educational assistance act, K.S.A. 75-53,111 et seq., and amendments thereto;
(4) complete the required scholarship application on such forms and in such manner as established by the state board of regents;
(5) enter into a Kansas promise scholarship agreement pursuant to K.S.A. 2025 Supp. 74-32,276, and amendments thereto;
(6) complete the free application for federal student aid for the academic year in which the student applies to receive a Kansas promise scholarship. Such submitted application shall be determined to be valid and free of error codes in order to calculate the amount of scholarship to be awarded; and
(7) enroll in an eligible postsecondary educational institution in a promise eligible program.
(b) (1) To continue to receive a Kansas promise scholarship, a student shall:
(A) Maintain satisfactory academic progress, including a grade point average of 2.0 or higher, or the equivalent thereof, in the courses of the promise eligible program for which the student received a Kansas promise scholarship; and
(B) satisfy the requirements of a Kansas promise scholarship agreement as provided in K.S.A. 2025 Supp. 74-32,276, and amendments thereto.
(2) Any student who entered into a Kansas promise scholarship agreement under the provisions of the Kansas promise scholarship act as such act existed at the time such agreement was entered into shall be entitled to continue to use such Kansas promise scholarship and receive scholarship renewals to fulfill the requirements of such student's Kansas promise scholarship agreement. No subsequent revision or amendment to the Kansas promise scholarship act, the rules and regulations adopted thereunder, the list of approved promise eligible programs or the appropriations made pursuant to such act shall have the effect of terminating a student's Kansas promise scholarship agreement solely due to such amendment or revision.
(c) Nothing in this act shall prohibit a student who received postsecondary course credit while enrolled in high school from qualifying for a Kansas promise scholarship.
History: L. 2021, ch. 91, § 5; L. 2022, ch. 94, § 32; L. 2023, ch. 64, § 15; May 4.
(a) As a condition to receiving a Kansas promise scholarship, an eligible student shall enter into a Kansas promise scholarship agreement with the state board of regents. The eligible postsecondary educational institution making the scholarship award to such student shall counsel each eligible student on the requirements and conditions of the promise scholarship agreement. Such agreement shall require any student who receives a Kansas promise scholarship to:
(1) Enroll as a full-time or part-time student at the eligible postsecondary educational institution from which the student is receiving a Kansas promise scholarship and engage in and complete the required promise eligible program within 36 months of the date the scholarship was first awarded;
(2) within six months after graduation from the promise eligible program:
(A) Reside in and commence work in the state of Kansas for at least two consecutive years following completion of such program. A scholarship recipient may use a form W-2 wage and tax statement showing Kansas withholding or estimated income tax to the state of Kansas as proof of work in Kansas; or
(B) enroll as a full-time or part-time student in any public or private postsecondary educational institution with its primary location in Kansas and upon graduation or failure to re-enroll, reside in and commence work in Kansas for at least two consecutive years following the completion of such program;
(3) maintain records and make reports to the state board of regents on such forms and in such manner as required by the state board of regents to document the satisfaction of the requirements of this act; and
(4) upon failure to satisfy the requirements of a Kansas promise scholarship agreement, repay the amount of the Kansas promise scholarship the student received under the program as provided in subsection (b) to the state board of regents.
(b) (1) Except as provided in subsection (c), if any student who receives a Kansas promise scholarship fails to satisfy the requirements of a Kansas promise scholarship agreement, such student shall pay an amount equal to the total amount of money disbursed on behalf of such student pursuant to such agreement that is financed by the state of Kansas plus accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Monthly installment payments of such amounts may be made in accordance with rules and regulations of the state board of regents. Such installment payments shall begin six months after the date of the action or circumstances that cause such student to fail to satisfy the requirements of a Kansas promise scholarship agreement, as determined by the state board of regents upon the circumstances of each individual case. All moneys received pursuant to this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas promise scholarship program fund.
(2) For any Kansas promise scholarship awarded on or after July 1, 2021, the state board of regents shall be the sole entity responsible for collecting or recouping any Kansas promise scholarship funds required to be repaid by a student who fails to satisfy the requirements of a Kansas promise scholarship agreement pursuant to this section.
(3) The state board of regents is authorized to turn any repayment account arising under this act to a designated loan servicer or collection agency to collect on the state board's behalf, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(4) Eligible postsecondary educational institutions and each state agency are authorized to provide academic, employment, residency and contact information regarding students who received a Kansas promise scholarship to the state board of regents for the purposes of:
(A) Determining whether or not a student satisfied the requirements of this act and the Kansas promise scholarship agreement; and
(B) aiding in the collection or recoupment of any funds required to be repaid pursuant to this section.
(5) Eligible postsecondary educational institutions shall:
(A) Provide annually to the state board of regents the last known contact information of each student who received a Kansas promise scholarship until the requirements of the program and scholarship agreement are complete; and
(B) notify the state board of regents when a student who received a Kansas promise scholarship:
(i) Completes the program of study for which the student received the scholarship or has exhausted scholarship benefits; and
(ii) exceeds the 36-month program completion requirement provided in this section. This requirement shall apply to any Kansas promise scholarship awarded on or after July 1, 2021.
(6) For any Kansas promise scholarship awarded on or after July 1, 2021, eligible postsecondary educational institutions shall not be considered a contractor of the state nor shall such institutions be required to participate in tracking, collecting or recouping any funds required to be repaid by a student who fails to satisfy the requirements of a Kansas promise scholarship agreement pursuant to this section.
(c) Any requirement of a Kansas promise scholarship agreement entered into pursuant to this section may be postponed for good cause in accordance with rules and regulations of the state board of regents.
(d) A scholarship recipient satisfies the requirements of the Kansas promise scholarship program if such recipient:
(1) Completes the requirements of the scholarship agreement;
(2) commences service as a military servicemember after receiving a Kansas promise scholarship;
(3) fails to satisfy the requirements after making the best possible effort to do so as determined by the state board of regents;
(4) is unable to obtain employment or continue in employment after making the best possible effort to do so; or
(5) is unable to satisfy the requirements due to disability or death of the scholarship recipient.
History: L. 2021, ch. 91, § 6; L. 2022, ch. 94, § 33; L. 2025, ch. 86, § 14; April 24.
There is hereby created in the state treasury the Kansas promise scholarship program fund, which shall be administered by the state board of regents. All expenditures from the Kansas promise scholarship program fund shall be for scholarships awarded pursuant to the Kansas promise scholarship program. All expenditures from the Kansas promise scholarship program fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer of the state board or the designee of the executive officer. All moneys received by the board for the Kansas promise scholarship program shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas promise scholarship program fund.
History: L. 2021, ch. 91, § 7; July 1.
The provisions of the Kansas promise scholarship act, K.S.A. 74-32,271 through 74-32,277, and amendments thereto, shall expire on July 1, 2028.
History: L. 2023, ch. 64, § 16; May 4.
(a) K.S.A. 2025 Supp. 74-32,281 through 74-32,289, and amendments thereto, shall be known and may be cited as the Kansas adult learner grant act.
(b) As used in the Kansas adult learner grant act:
(1) "Adult learner grant eligible program" means any baccalaureate degree program offered by an eligible postsecondary educational institution that is identified as an "adult learner grant eligible program" by the state board of regents pursuant to K.S.A. 2025 Supp. 74-32,282, and amendments thereto, or designated as an "adult learner grant eligible program" by an eligible postsecondary educational institution pursuant to K.S.A. 2025 Supp. 74-32,283, and amendments thereto.
(2) "Eligible postsecondary educational institution" means:
(A) A state educational institution under the control and supervision of the board of regents;
(B) a municipal university;
(C) any not-for-profit institution of postsecondary education with its main campus or principal place of operation in Kansas that offers an adult learner grant eligible program, is operated independently and not controlled or administered by any state agency or subdivision of the state, maintains open enrollment and is accredited by a nationally recognized accrediting agency for higher education in the United States; or
(D) a not-for-profit independent institution of higher education which is accredited by an institutional accrediting agency recognized by the United States department of education, is operated independently and not controlled or administered by the state or any agency or subdivision thereof, maintains open enrollment, offers online education and offers exclusively competency-based education programs.
(3) "Part-time student" means a student who is enrolled for six credit hours or more in a semester, or the equivalent, and is not enrolled as a full-time student.
History: L. 2023, ch. 64, § 1; May 4.
(a) There is hereby established the Kansas adult learner grant program. The state board of regents shall administer the program.
(b) On or before March 1, 2024, the state board of regents shall adopt rules and regulations to implement and administer the Kansas adult learner grant program. Such rules and regulations shall establish:
(1) Grant application and renewal forms and deadlines;
(2) appeal procedures for denial or revocation of a Kansas adult learner grant;
(3) the terms, conditions and requirements for the Kansas adult learner grant consistent with the provisions of this act; and
(4) procedures for requesting and approving medical, military and personal absences from an eligible postsecondary educational institution while a Kansas adult learner grant recipient is receiving such grant.
(c) The state board of regents shall:
(1) Identify the adult learner grant eligible programs offered by each eligible postsecondary educational institution that are:
(A) In any of the following fields of study:
(i) Information technology and security;
(ii) healthcare and nursing;
(iii) science, engineering, aerospace and advanced manufacturing;
(iv) education, early childhood education and development;
(v) business, accounting and data analytics; or
(B) designated by the eligible postsecondary educational institution pursuant to K.S.A. 2025 Supp. 74-32,283, and amendments thereto;
(2) work with community partners, such as community foundations, school districts, postsecondary educational institutions, Kansas business and industry and Kansas economic development organizations to publicize Kansas adult learner grants, including, but not limited to, publicizing eligible postsecondary educational institutions, approved grant-eligible educational programs and application and renewal procedures and deadlines;
(3) disburse funds to each eligible postsecondary educational institution for the purpose of awarding Kansas adult learner grants;
(4) request information from eligible postsecondary educational institutions necessary for the administration of this act; and
(5) beginning January 1, 2025, annually evaluate the Kansas adult learner grant program and prepare and submit a report to the senate standing committee on education and committee on commerce and the house of representatives standing committee on education and committee on commerce, labor and economic development.
History: L. 2023, ch. 64, § 2; May 4.
(a) Subject to subsection (b), an eligible postsecondary educational institution may designate one additional adult learner grant eligible program if the additional program is a baccalaureate degree program that corresponds to a high wage, high demand or critical need occupation.
(b) To designate an additional adult learner grant eligible program, such institution shall have and maintain an existing adult learner grant eligible program in any of the following fields of study:
(1) Information technology and security;
(2) healthcare and nursing;
(3) science, engineering, aerospace and advanced manufacturing;
(4) education and early childhood education and development; or
(5) business, accounting and data analytics.
(c) An eligible postsecondary educational institution that designates an additional adult learner grant eligible program pursuant to subsection (a) shall maintain the adult learner grant eligible program designation of such program for at least four consecutive years. After maintaining such program for at least four years, the institution may designate a new adult learner grant eligible program that corresponds to a high wage, high demand or critical need occupation to replace the existing designated adult learner grant eligible program. Any newly designated program shall be subject to the requirements of this section.
History: L. 2023, ch. 64, § 3; May 4.
(a) Subject to appropriations, the amount of a Kansas adult learner grant for a student shall be $3,000 per semester, except that such amount shall be prorated if the student is not enrolled full-time. The prorated amount shall be calculated on a sliding scale, in which full-time enrollment is 12 credit hours per semester and shall qualify for a 100% grant and 6 credit hours of enrollment per semester shall qualify for a 50% grant.
(b) Students receiving an adult learner grant are eligible to continue to receive such grant for up to 48 months after the date that the grant was first awarded or upon graduation from the program, whichever comes first.
(c) Except as otherwise provided in this subsection, Kansas adult learner grants shall only be awarded to an eligible student whose family household income equals $100,000 or less for a family of two, $150,000 or less for a family of three and, for household sizes above three, a household income that is equal to or less than the family of three amount plus $4,800 for each additional family member.
(d) Moneys awarded as a grant under this act shall only be expended for tuition, required fees and the cost of books and required materials.
(e) For fiscal year 2024 and each fiscal year thereafter, the appropriation made for the Kansas adult learner grant program shall not exceed $1,000,000 for each fiscal year.
History: L. 2023, ch. 64, § 4; May 4.
(a) To be eligible for a Kansas adult learner grant, a student shall:
(1) Be a Kansas resident;
(2) be 25 years of age or older at the time the student's first course that is funded by a grant begins;
(3) complete the required grant application on such forms and in such manner as established by the state board of regents;
(4) complete the free application for federal student aid for the academic year in which the student applies to receive a Kansas adult learner grant; and
(5) enroll as a full-time student or part-time student at an eligible postsecondary educational institution in an adult learner grant eligible program.
(b) To continue to receive a Kansas adult learner grant, a student shall:
(1) Maintain satisfactory academic progress, including a grade point average of 2.0 or higher, or the equivalent thereof, toward completion of the adult learner grant eligible program;
(2) complete a grant renewal application on such forms and in such manner as established by the state board of regents; and
(3) complete the free application for federal student aid for the academic year for which the student applies to renew the grant.
History: L. 2023, ch. 64, § 5; May 4.
(a) As a condition to receiving a grant under this act, an eligible student shall enter into an agreement with the state board of regents. The eligible postsecondary educational institution that awarded such grant shall counsel each eligible student on the requirements and conditions of the agreement. Such agreement shall require any student who receives a grant award to:
(1) Enroll as a full-time or part-time student at the eligible postsecondary educational institution that made the grant award and engage in and complete the adult learner grant eligible program;
(2) within six months after graduation from the adult learner grant eligible program:
(A) Reside and commence work in the state of Kansas for at least two consecutive years following completion of such program. A scholarship recipient may use a form W-2 wage and tax statement showing Kansas withholding or estimated income tax to the state of Kansas as proof of work in Kansas; or
(B) enroll as a full-time or part-time student in any public or private postsecondary educational institution with its primary location in Kansas and upon graduation or failure to re-enroll, reside in and commence work in Kansas for at least two consecutive years following the completion of such program;
(3) maintain records and make reports to the state board of regents on such forms and in such manner as required by the state board of regents to document the satisfaction of the requirements of this act; and
(4) upon failure to satisfy the requirements of an agreement entered into pursuant to this section, repay the amount of the grant award the student received under the program as provided in subsection (b) to the state board of regents.
(b) (1) Except as provided in subsection (c), if any student who receives a grant award fails to satisfy the requirements of the agreement entered into pursuant to this section, such student shall pay an amount equal to the total amount of money disbursed on behalf of such student pursuant to such agreement plus accrued interest from the accrual date determined under K.S.A. 2025 Supp. 74-32,312, and amendments thereto, and at the rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto. Monthly installment payments of such amounts may be made in accordance with rules and regulations of the state board of regents. Such installment payments shall begin six months after the date of the action or circumstances that cause such student to fail to satisfy the requirements of the agreement, as determined by the state board of regents upon the circumstances of each individual case. All moneys received pursuant to this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas adult learner grant program fund.
(2) The state board of regents shall be the sole entity responsible for collecting or recouping any grant moneys required to be repaid by a student who fails to satisfy the requirements of an agreement entered into pursuant to this section.
(3) The state board of regents is authorized to turn any repayment account arising under this act to a designated loan servicer or collection agency to collect on the state board's behalf. The state's involvement shall only be to receive payments from the loan servicer or collection agency at the interest rate prescribed in K.S.A. 2025 Supp. 74-32,312, and amendments thereto.
(4) Eligible postsecondary educational institutions and each state agency are authorized to provide academic, employment, residency and contact information regarding students who received a grant award to the state board of regents for the purposes of:
(A) Determining whether or not a student satisfied the requirements of this act and the agreement entered into pursuant to this section; and
(B) aiding in the collection or recoupment of any funds required to be repaid pursuant to this section.
(5) Eligible postsecondary educational institutions shall:
(A) Provide annually to the state board of regents the last known contact information of each student who received a grant award until the requirements of the program and the agreement are complete; and
(B) notify the state board of regents when a student who received a grant award completes the program of study for which the student received the grant or has exhausted the benefits available under this act.
(6) Eligible postsecondary educational institutions shall not be considered a contractor of the state nor shall such institutions be required to participate in tracking, collecting or recouping any moneys required to be repaid by a student who fails to satisfy the requirements of an agreement entered into pursuant to this section.
(c) Any requirement of an agreement entered into pursuant to this section may be postponed for good cause in accordance with rules and regulations of the state board of regents.
(d) A scholarship recipient satisfies the requirements of the adult learner grant program if such recipient:
(1) Completes the requirements of the agreement entered into pursuant to this section;
(2) commences service as a military servicemember after receiving a grant award;
(3) fails to satisfy the requirements after making the best possible effort to do so as determined by the state board of regents;
(4) is unable to obtain employment or continue in employment after making the best possible effort to do so; or
(5) is unable to satisfy the requirements due to disability or death of the grant recipient.
History: L. 2023, ch. 64, § 6; L. 2025, ch. 86, § 15; April 24.
(a) Notwithstanding the grant limitation in K.S.A. 2025 Supp. 74-32,284, and amendments thereto, an individual who has received a Kansas adult learner grant shall qualify for a Kansas workforce retention incentive income tax credit against the individual's tax liability under the Kansas income tax act of $1,500 if they demonstrate satisfactorily to the secretary of revenue that they:
(1) Successfully completed their adult learner grant eligible program with the awarding of their degree; and
(2) (A) Currently reside in Kansas, have resided in Kansas for at least two consecutive years following completion of their program and are currently employed in the state of Kansas; or
(B) have commenced service as a military servicemember.
(b) To claim the credit, the individual shall submit such information and documentation in the form and manner required by the secretary of revenue.
(c) The individual may claim the income tax credit not later than the 5th taxable year after the taxable year in which the individual successfully completed the adult learner grant eligible program with an award of their degree. Any amount of the credit that exceeds the individual's tax liability shall be carried forward once to the next succeeding taxable year as a credit against the individual's income tax liability for such year. Any amount of the credit remaining after being carried forward once shall be forfeited.
(d) On or before March 1, 2024, the secretary of revenue shall adopt rules and regulations to implement and administer the income tax credit established by this section. Such rules and regulations shall include criteria to determine whether an individual who has received a Kansas adult learner grant has fulfilled the requirements to qualify for a tax credit pursuant to this section.
History: L. 2023, ch. 64, § 7; May 4.
There is hereby created in the state treasury the Kansas adult learner grant program fund, which shall be administered by the state board of regents. All expenditures from the Kansas adult learner grant program fund shall be for Kansas adult learner grants awarded pursuant to the Kansas adult learner grant program. All expenditures from the Kansas adult learner grant program fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer of the state board of regents or the designee of the executive officer. All moneys received by such board for the Kansas adult learner grant program shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas adult learner grant program fund.
History: L. 2023, ch. 64, § 8; May 4.
The provisions of K.S.A. 2025 Supp. 74-32,281 through 74-32,288, and amendments thereto, shall expire on July 1, 2028.
History: L. 2023, ch. 64, § 9; May 4.
(a) K.S.A. 2025 Supp. 74-32,290 through 74-32,296, and amendments thereto, shall be known and may be cited as the Kansas blueprint for literacy.
(b) Each provision of K.S.A. 2025 Supp. 74-32,290 through 74-32,296, and amendments thereto, that requires the expenditure of moneys shall be subject to legislative appropriations therefor.
(c) As used in K.S.A. 2025 Supp. 74-32,290 through 74-32,296, and amendments thereto:
(1) "In-service" means a licensed individual who is employed by a school district or accredited nonpublic school as a teacher.
(2) "Postsecondary educational institution" means:
(A) A state educational institution as defined in K.S.A. 76-711, and amendments thereto;
(B) a municipal university; and
(C) any not-for-profit institution of postsecondary education that has its main campus or principal place of operation in Kansas, is operated independently and not controlled or administered by a state agency or subdivision of this state, maintains open enrollment and is accredited by a nationally recognized accrediting agency for higher education in the United States.
(3) "Pre-service" means an individual who is receiving the education and training to become a licensed teacher but is not yet licensed.
(4) "Science of reading" means the teaching of reading using evidence-based research that includes phonemic awareness, phonics, fluency, vocabulary and comprehension.
(5) "Structured literacy" means the application of knowledge from the science of reading that teaches reading in an evidence-based and systematic way.
History: L. 2024, ch. 82, § 2; May 2.
(a) There is hereby established a literacy advisory committee. The committee shall be composed of:
(1) 15 voting members as follows:
(A) The director of literacy education, appointed pursuant to K.S.A. 2025 Supp. 74-32,292, and amendments thereto, who shall serve as chairperson of the committee;
(B) one member appointed by the governor;
(C) one member of the house of representatives or a literacy expert appointed by the speaker of the house of representatives;
(D) one member of the house of representatives or a literacy expert appointed by the minority leader of the house of representatives;
(E) one member of the senate or a literacy expert appointed by the president of the senate;
(F) one member of the senate or a literacy expert appointed by the minority leader of the senate;
(G) one member appointed by and representing the Kansas national education association;
(H) one member appointed by and representing a school of education from Emporia state university, Fort Hays state university or Pittsburg state university;
(I) one member appointed by and representing a school of education from the university of Kansas, Kansas state university or Wichita state university;
(J) one member appointed by and representing Washburn university school of education;
(K) one member appointed by the Kansas association of community colleges to represent community colleges;
(L) one member appointed by the Kansas independent colleges association to represent a not-for-profit institution of postsecondary education school or college of education;
(M) one member appointed by the state board of education;
(N) one member of the state board of regents appointed by the state board of regents; and
(O) one member who is an English for speakers of other languages literacy expert appointed by the united school administrators of Kansas; and
(2) nonvoting members as follows:
(A) The commissioner of education or the commissioner's designee; and
(B) any number of members appointed by the director of literacy education pursuant to K.S.A. 2025 Supp. 74-32,292, and amendments thereto.
(b) (1) Members shall be appointed on or before July 1, 2024.
(2) Except for the director of literacy education, voting members shall serve for a term of four years.
(3) Any vacancy in the membership of the committee shall be filled by appointment in the same manner prescribed by this section for the original appointment.
(4) A quorum of the committee shall be a majority of the voting members. All actions of the committee may be taken by a majority of the voting members present when there is a quorum.
(5) The committee may meet at any time and at any place within the state upon the call of the chairperson.
(6) If any member of the committee fails to attend three meetings of the committee within any 12-month period, such member's appointment shall terminate and a new member shall be appointed in the same manner prescribed by this section for the original appointment.
(c) The literacy advisory committee shall:
(1) Monitor progress of literacy training for in-service and pre-service teachers and literacy education of elementary and secondary students;
(2) designate best practices for literacy training for in-service and pre-service teachers and literacy education of elementary and secondary students;
(3) be responsible for the attainment of the transformational goal to have 100% of the Kansas special education, English for speakers of other languages and elementary teacher workforce achieve a micro-credential in the science of reading and structured literacy by 2030, leading to at least 50% of students in each of the grades three through eight achieving level 3 or above and at least 90% of students in each of the grades three through eight achieving level 2 or above on the English language arts state assessment by 2033;
(4) make recommendations to the director of literacy education;
(5) make recommendations to the state board of education, the state board of regents and the postsecondary educational institution presidents or chancellors on:
(A) Literacy training for in-service and pre-service teachers and literacy education of elementary and secondary students; and
(B) reading instruction methods based on the science of reading;
(6) make recommendations to the house of representatives standing committee on education and the senate standing committee on education on the implementation of the goals of the Kansas blueprint for literacy and any changes necessary to achieve such goals;
(7) (A) submit a progress report to the legislature on:
(i) English language arts state assessment scores for each grade level and all defined subgroups, including, but not limited to, English language learners, students receiving free meals pursuant to the national school lunch act, students in the custody of the secretary for children and families and race and ethnicity subgroups;
(ii) literacy training for in-service and pre-service teachers; and
(iii) the literacy advisory committee's goals and requirements provided in the Kansas blueprint for literacy;
(B) Such progress report shall be provided at the following times each calendar year:
(i) Once on or before February 1 to the senate committee on education and the house of representatives committee on education;
(ii) once on or before May 1 to the senate committee on education and the house of representatives committee on education; and
(iii) once on or before December 1 to any interim, special, or select committee, task force or commission that has membership that includes legislators, is related to education, has been approved by the legislative coordinating council and requests such report; and
(8) submit a plan to the state board of regents and the legislature, including the house of representatives standing committee on education and the senate standing committee on education, on the establishment of centers of excellence in reading pursuant to K.S.A. 2025 Supp. 74-32,296, and amendments thereto, on or before January 1, 2025.
(d) The committee shall be subject to the Kansas open records act, K.S.A. 45-419 et seq., and amendments thereto, and the Kansas open meetings act, K.S.A. 75-4317 et seq., and amendments thereto. The committee shall publish each meeting agenda and any available meeting documents online prior to each scheduled meeting of the committee.
(e) (1) Legislative members of the committee and members appointed by a member of the legislature who attend meetings of the committee shall be paid for expenses, mileage and subsistence as provided in K.S.A. 75-3223(e), and amendments thereto.
(2) Members of the committee who are not members of the legislature may be paid for expenses, mileage and subsistence by the entity each such member was appointed by and represents.
(f) (1) The director of literacy education shall provide executive support to the committee.
(2) The staff of the state board of regents, office of revisor of statutes, the legislative research department and the division of legislative administrative services shall provide such assistance as may be requested by the committee.
History: L. 2024, ch. 82, § 3; May 2.
(a) On or before July 1, 2024, the executive officer of the state board of regents shall appoint a director of literacy education.
(b) The director of literacy education shall be an employee of the state board of regents in the unclassified service who serves at the pleasure of the state board of regents. The compensation of the director shall be determined by the executive officer of the state board of regents.
(c) The director of literacy education shall:
(1) Serve as chairperson of the literacy advisory committee established in K.S.A. 2025 Supp. 74-32,291, and amendments thereto;
(2) implement and administer the Kansas blueprint for literacy;
(3) provide executive support to the literacy advisory committee;
(4) appoint nonvoting members of the literacy advisory committee as the director deems necessary;
(5) work with the state board of education and the state board of regents to ensure:
(A) Progress on the initiatives, objectives and desired outcomes in the Kansas blueprint for literacy;
(B) the development and utilization of the comprehensive assessment system; and
(C) state educational institutions and elementary and secondary schools are using tier I literacy methodologies;
(6) encourage independent institutions referred to in K.S.A. 2025 Supp. 74-32,290(c)(2)(C), and amendments thereto, to use such tier I methodologies;
(7) establish a program to track the science of reading and structured literacy training progression of in-service and pre-service early childhood and elementary teachers, special education teachers and paraprofessionals, reading specialists and early childhood and elementary administrators for all school districts in the state;
(8) on or before January 15 of each year, prepare and present a report to the senate standing committee on education and the house of representatives standing committee on education, or any successor committees, on the implementation and administration of the Kansas blueprint for literacy, including, but not limited to, an implementation timeline, progress of initiatives, development and utilization of the comprehensive assessment system, progress toward the goal established in K.S.A. 2025 Supp. 74-32,291(c), and amendments thereto, use of tier I methodologies, outcomes and any proposed changes; and
(9) report to the house of representatives standing committee on education and the senate standing committee on education on or before January 31, 2025, on the progress of the state board of regents on utilization of the science of reading, elimination of discredited methodologies, use of universal screening measures and assessments in elementary and secondary schools in the state.
History: L. 2024, ch. 82, § 4; May 2.
(a) Postsecondary educational institutions shall designate practices based on the science of reading through structured literacy as the official tier I literacy methodology and shall prohibit the use or teaching of any discredited methodologies, such as the three-cueing system.
(b) (1) The state board of regents, in collaboration with postsecondary educational institutions and research experts, shall establish a comprehensive reading and literacy assessment system with universal screening measures, diagnostic, formative and summative assessments to be used in teacher preparation programs in the state. Such assessment system shall allow teachers to adjust instruction to meet the specific needs of students, including with regard to reading difficulties and the remediation of reading and literacy skill gaps. The state board of regents shall make recommendations to the state board of education on such assessment system and ensure that such assessment system is available on or before May 1, 2025. Nothing in this paragraph shall be construed to include the English language arts statewide assessment.
(2) The state board of regents shall:
(A) Develop training modules for the assessments on or before July 1, 2025;
(B) support state board of education action to officially designate the science of reading as the official tier I literacy methodology;
(C) support elementary and secondary schools as necessary to eliminate any discredited methodologies;
(D) recommend literacy-specific universal screening measures and diagnostic, formative and summative assessments to the state board of education; and
(E) approve reading instruction methodologies recommended by the literacy advisory committee for state educational institutions.
(3) On and after July 1, 2025, no school district shall use any textbooks or instructional materials that utilize:
(A) The three-cueing system model of reading as the primary basis for teaching word recognition;
(B) visual memory as the primary basis for teaching word recognition; or
(C) the three-cueing system model of reading based on meaning, structure and syntax and visual cues, commonly known as MVS.
(c) The director of literacy education shall report to the house of representatives standing committee on education and the senate standing committee on education on or before January 31, 2025, on the progress of the state board of regents on utilization of the science of reading, elimination of discredited methodologies, use of universal screening measures and assessments in elementary and secondary schools in the state.
History: L. 2024, ch. 82, § 5; May 2.
The state board of regents and the state board of education shall collaborate to:
(a) Jointly approve micro-credential requirements for in-service teachers or certification requirements for pre-service teachers at state educational institutions in the science of reading and structured literacy;
(b) develop or make accessible professional development programs and micro-credential courses for all in-service early childhood teachers, general education teachers and special education teachers at low or no cost to such teachers. Such programs and courses shall be delivered by national online learning programs or accredited Kansas postsecondary educational institutions;
(c) ensure all pre-service teacher preparation programs at state educational institutions are based on the science of reading and structured literacy;
(d) publish standards and course progressions to achieve transparency of Kansas reading education programs; and
(e) provide data for the program to the director of literacy education that tracks the science of reading and structured literacy training progression of in-service and pre-service early childhood and elementary teachers, special education teachers and paraprofessionals, reading specialists and early childhood and elementary administrators for all school districts in the state.
History: L. 2024, ch. 82, § 6; May 2.
The president or chancellor, provost and dean of the college or school of education of each postsecondary educational institution shall jointly have oversight and supervision of undergraduate and graduate level reading and literacy courses at their respective institution and shall:
(a) Ensure explicit courses in the science of reading and structured literacy, including the five pillars of reading for all undergraduate early childhood and elementary teacher preparation programs at state educational institutions;
(b) appoint one representative from each postsecondary educational institution to conduct an annual systemwide analysis of the curriculum maps across all literacy courses. Such analysis shall include identifying clear evidence of instructional approaches and the core components of reading development;
(c) present a report on such systemwide analysis and any results from such analysis to the literacy advisory committee;
(d) design and implement two three-credit hour applied application courses that shall be included within the approved graduation requirements to earn a degree in elementary education on or before August 2024;
(e) implement a common performance-based assessment for such courses to be used by all postsecondary educational institutions on or before August 2024;
(f) assist in the development of a science of reading and structured literacy micro-credential for early childhood teachers, elementary education teachers, English for speakers of other languages teachers, reading specialists, special education teachers and paraprofessionals, early childhood and elementary administrators that focuses on research-based fundamentals of reading instruction; and
(g) provide information, advice and recommendations to the literacy advisory committee.
History: L. 2024, ch. 82, § 7; May 2.
The literacy advisory committee shall develop a plan to establish six regional centers of excellence in reading. The plan shall:
(a) Require postsecondary educational institutions to collaborate with colleges or schools of education, the center for reading at Pittsburg state university and community-based literacy organizations;
(b) include options that would allow centers for excellence in reading to be co-located in an existing building or school of a school district, postsecondary educational institution, community facility or other facility or building, as appropriate; and
(c) require such centers to:
(1) Provide evaluation and identification of reading difficulties and reading disabilities, including, but not limited, dyslexia;
(2) collaborate with school districts to develop strategic literacy plans for individual students;
(3) collaborate with the state department of education, state board of regents and postsecondary educational institutions to support pre-service and in-service teacher training;
(4) support the professional development and training of school-based instructional coaches;
(5) pilot structured reading applied learning simulation laboratories for pre-service and in-service teachers;
(6) pilot a literacy education simulation training laboratory for pre-service elementary teachers as a controlled environment for the application of the science of reading;
(7) identify projected cost, staffing and budget impacts to develop, expand and sustain the centers for excellence and reading simulation laboratories; and
(8) make recommendations and provide progress reports to the literacy advisory committee.
History: L. 2024, ch. 82, § 8; May 2.
Each postsecondary educational institution is encouraged to conduct and promote on its campus activities which provide education, understanding and awareness of individuals with disabilities, disability history and awareness.
History: L. 2009, ch. 130, § 4; July 1.
(a) On or before January 1, 2017, the state board of regents shall adopt a policy requiring state educational institutions to award the appropriate number of credit hours to any student enrolled in such institution who has successfully passed an exam administered through the college level examination program (CLEP) and received a credit-granting recommended score as outlined by the American council on education. Such policy shall include the following:
(1) The number of credit hours to be awarded shall be at least equivalent to the minimum number of credit hours granted for the equivalent course offered by the institution;
(2) an institution shall not limit the number of credit hours that may be awarded to a student beyond the limitations placed on such institution by such institution's regional accrediting agency;
(3) credit hours awarded for exams in the subject of the student's major course of study shall apply towards the student's degree program major course of study, and all other credit hours shall apply towards general degree requirements;
(4) credit hours for exams shall be listed on the student's transcript as pass/fail;
(5) all exams listed on a student's transcript shall be included on such transcript if the student transfers to a different postsecondary educational institution, and if the subsequent institution is a state educational institution, then the credit hours for such exams shall be applied in accordance with this section; and
(6) any other provisions related to the awarding of credit hours based on CLEP exam results deemed necessary by the board.
(b) Commencing July 1, 2017, each state educational institution shall award credit hours to enrolled students who have successfully passed a CLEP exam in accordance with the policy adopted by the board pursuant to subsection (a).
(c) As used in this section, the terms "state board of regents" and "state educational institution" shall have the same meaning as those terms are defined in K.S.A.
74-3201b, and amendments thereto.
History: L. 2016, ch. 74, § 2; July 1.
(a) The state board of regents shall publish degree prospectus information for each undergraduate degree program offered by each postsecondary educational institution that summarizes information and statistics on such degree program. Upon request, each postsecondary educational institution shall provide any necessary information to the state board of regents.
(b) The degree prospectus for each degree program shall include the following:
(1) A description of the degree program, provided nothing in the description shall contradict, mitigate or otherwise explain any of the statistical information described in subsections (b)(2) through (b)(8);
(2) the typical number of years recent graduates have taken to obtain the degree from such postsecondary educational institution;
(3) the expected number of credit hours required to obtain the degree from such postsecondary educational institution;
(4) the expected aggregate cost and cost per year incurred by an individual to obtain the degree from such postsecondary educational institution, including tuition, room and board, books and student fees;
(5) the aggregate degree investment incurred by an individual to obtain the degree from such postsecondary educational institution determined by subtracting the typical amount of grants and scholarships awarded for such degree from the aggregate cost;
(6) the median wage information of recent graduates from such degree program as reported by the state department of labor and any other state where data-sharing agreements governing the reporting of such information may be obtained upon entry into the workforce, and median wages after five years;
(7) the percentage of graduates who are employed in this state or any other state where data-sharing agreements governing the publication of such information may be obtained, within one year from entry into the workforce; and
(8) the number of years required to fully recoup the degree investment and typical loan debt incurred by an individual to obtain the degree from such postsecondary educational institution, at an annual interest rate set by the state board of regents which shall be the maximum federally guaranteed student interest rate showing the number of years necessary to fully recoup the degree investment, the monthly payment amount and percentage of earnings required to repay estimated loan commitments which correspond to the following number of years of repayment: 10, 15, 20, 25 and 30 years. The monthly payment amount shall be determined by dividing the median wage upon entry into the workforce by the corresponding number of years of repayment.
(c) The state board of regents shall:
(1) Make degree prospectus information readily available through a link on the state board of regents' official website; and
(2) update each degree prospectus at least once per year.
(d) Each postsecondary educational institution shall:
(1) Make degree prospectus information readily available through a link on such institution's official website homepage and on any web page dedicated to the promotion of a degree program, which shall be titled by the state board of regents and promoted statewide in a uniform manner at the direction of the state board of regents;
(2) promote degree prospectus information to each student who inquires about the degree program; and
(3) promote degree prospectus information whenever a hard copy of any written materials concerning the degree program are provided.
(e) The state board of regents shall adopt rules and regulations necessary to implement the provisions of this section.
(f) As used in this section:
(1) "Postsecondary educational institution" means:
(A) For school year 2016-2017, any state educational institution and any municipal university; and
(B) for school year 2017-2018 and each school year thereafter, any state educational institution, municipal university, community college, technical college and institute of technology, and includes any entity resulting from the consolidation or affiliation of any two or more of such postsecondary educational institutions.
(2) "State educational institution," "municipal university," "community college," "technical college" and "institute of technology" mean the same as such terms are defined in K.S.A.
74-3201b, and amendments thereto.
History: L. 2016, ch. 74, § 1; July 1.
From and after July 1, 1975, upon the abolition of the state education commission, the state board of regents shall be authorized to: (a) Adopt such rules and regulations as may be necessary to carry out its duties and may do all things necessary to carry out its powers, duties and functions under the federal higher education act of 1965 (public law 89-329), as amended, and title 8 of the 1964 national housing act (public law 88-560).
(b) Serve as the official state agency to plan for, define, recommend policies and submit state plans for participation in the grant programs under such federal higher education acts or the allocation of federal funds where such funds are to be received and allocated through an official state agency, according to the provisions of said acts or other similar federal legislation.
(c) Apply for, receive, and utilize funds available under the federal acts mentioned in this section or other similar federal legislation.
History: L. 1975, ch. 374, § 1; July 1.
(a) K.S.A. 74-32,305 through 74-32,310, and amendments thereto, shall be known and may be cited as the Kansas national guard educational master's for enhanced readiness and global excellence (EMERGE) program.
(b) The purpose of the Kansas national guard EMERGE program is to establish an advanced degree assistance program under which payment of the tuition and fees charged to eligible members of the Kansas national guard for enrollment in advanced degree programs at Kansas educational institutions shall be provided by the state pursuant to the EMERGE program.
History: L. 2024, ch. 77, § 1; L. 2025, ch. 15, § 6; July 1.
As used in the Kansas national guard educational master's for enhanced readiness and global excellence (EMERGE) program:
(a) "Advanced degree" means a master's degree, professional degree or doctorate awarded to an eligible guard member upon satisfactory completion of the course work requirements of such degree program offered or maintained by a Kansas educational institution.
(b) "Doctorate" means a degree requiring three or more academic years of full-time academic study or the equivalent in part-time attendance that follows the successful completion of a baccalaureate or master's degree. A "doctorate" may be either a research or a professional practice degree.
(c) "Eligible guard member" means any member of the Kansas national guard who has been accepted into an eligible advanced degree program and who is not under a suspension of favorable flag action or on the unit unfavorable information file. "Eligible guard member" includes nonconcurrent guard members accepted into an eligible professional degree program if they are qualified to join the Kansas national guard.
(d) "Kansas educational institution" means a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, Washburn university or an accredited independent institution, as defined in K.S.A. 72-3222, and amendments thereto.
(e) "Kansas national guard educational master's for enhanced readiness and global excellence program" or "EMERGE program" means the program established pursuant to the provisions of the Kansas national guard educational master's for enhanced readiness and global excellence program.
(f) "Master's degree" means a degree requiring not less than one year of academic work or the equivalent in part-time attendance and follows the successful completion of a baccalaureate degree.
(g) "Professional degree" means a degree that requires not less than three years of full-time study or the equivalent in part-time attendance that follows the successful completion of a baccalaureate degree, such as a juris doctor degree or a physician's assistant degree.
History: L. 2024, ch. 77, § 2; L. 2025, ch. 15, § 7; July 1.
The state board of regents shall administer the Kansas national guard EMERGE program. The state board of regents may adopt rules and regulations for the administration of this act and shall:
(a) Establish a mechanism to ensure distribution of funds for tuition and fee reimbursement to Kansas educational institutions;
(b) enter into a cooperative relationship with the adjutant general to ensure efficient operation of the program;
(c) develop and effectuate a system of accountability for all disbursements under the program and provide written reports as prescribed; and
(d) coordinate with the adjutant general to create a procedure to ensure initial and on-going eligibility of all eligible guard members who are program participants.
History: L. 2024, ch. 77, § 3; July 1.
(a) Subject to the availability of appropriations for the Kansas national guard EMERGE program and within the limits of any such appropriations, except as provided in subsections (b) and (c), every eligible national guard member who is enrolled at a Kansas educational institution and participating in the program shall receive assistance each semester in an amount equal to the tuition and required fees for not more than 15 hours. The aggregate number of credit hours for which assistance may be provided under the program shall not exceed 150% of the total credit hours required for the eligible guard member to complete such member's advanced degree program.
(b) Notwithstanding the provisions of subsection (a), the EMERGE program shall not pay for the amount of tuition and fees charged for any course repeated or taken in excess of the requirements for completion of the advanced degree program in which the eligible guard member is enrolled. The amount of tuition and required fees paid an eligible guard member pursuant to subsection (a) shall be at a rate not to exceed the maximum rate that would be charged by a state educational institution for enrollment of the eligible guard member.
(c) Amounts of assistance for which an eligible guard member is eligible to receive under this act shall be offset by the aggregate amount of federal or institutional tuition assistance received by such eligible guard member, as a result of active national guard membership, to pay costs of tuition and fees for enrollment at Kansas educational institutions.
History: L. 2024, ch. 77, § 4; L. 2025, ch. 15, § 8; July 1.
(a) The adjutant general shall select up to 100 eligible national guard members annually who applied to the program to receive assistance from such program. The number of eligible guard members in the program shall not exceed 200 eligible guard members in any one school year.
(b) (1) In order to qualify for participation in the Kansas national guard EMERGE program, an eligible national guard member shall agree, in writing, to serve actively in good standing with the Kansas national guard or in a duty status affiliated with the Kansas national guard for not less than 48 months upon completion of the last semester for which the member receives assistance under the program for a master's degree and for not less than 72 months upon graduation for a doctorate or professional degree for which the member receives assistance under the program.
(2) Prior to becoming eligible for participation in the program, each eligible guard member shall submit the free application for federal student aid and apply for any other federal tuition assistance that such member also may be eligible to receive.
(c) In order to remain eligible for participation in the program, an eligible guard member shall remain in good standing at the Kansas educational institution where such member is enrolled, make satisfactory progress toward completion of the requirements of such member's advanced degree program, maintain a grade point average of not less than 2.75 for a master's degree or a 3.0 for a doctorate or professional degree and maintain satisfactory participation in the Kansas national guard.
(d) (1) Upon failure of any eligible guard member who received payments under the Kansas national guard EMERGE program to satisfy the agreement to continue service in the Kansas national guard as provided by subsection (a), such person shall pay to the state of Kansas an amount to be determined as follows:
(A) Determine the total amount of assistance paid to such member under the program;
(B) divide the amount determined under subsection (d)(1)(A) by 48 for a master's degree or 72 for a doctorate or professional degree; and
(C) multiply the amount determined under subsection (d)(1)(B) by the number of months such member did not serve as required by subsection (a). The resulting product is the total amount of recoupment to be paid by such member.
(2) All amounts paid to the state under this subsection shall be deposited in the state treasury and credited to the Kansas national guard EMERGE program repayment fund created by K.S.A. 2025 Supp. 74-32,310, and amendments thereto.
(e) Any eligible guard member that received payments under the program but has failed to satisfy the agreement to continue service in the Kansas national guard as provided by subsection (a) by reason of extenuating circumstances or extreme hardship may request a waiver from recoupment under subsection (d). Such request shall be in writing and submitted through such member's chain of command to the Kansas national guard education services office. The chief of staff of the Kansas army national guard or the director of staff for the Kansas air national guard shall review all requests for a waiver from recoupment, and the decision to issue such waiver shall be made by either officer as such officer deems appropriate.
History: L. 2024, ch. 77, § 5; L. 2025, ch. 15, § 9; July 1.
There is hereby created in the state treasury the Kansas national guard EMERGE program repayment fund. The state board of regents shall remit all moneys received under K.S.A. 2025 Supp. 74-32,309, and amendments thereto, to the state treasurer at least monthly. Upon receipt of such remittance the state treasurer shall deposit the entire amount thereof in the state treasury, and such amount shall be credited to the Kansas national guard EMERGE program repayment fund. All expenditures from the Kansas national guard EMERGE repayment fund shall be for payments of assistance under the Kansas national guard EMERGE program and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director of the state board of regents or a person designated by the executive officer.
History: L. 2024, ch. 77, § 6; July 1.
(a) The governing body of each postsecondary educational institution shall regularly review and update the policies and practices on accreditation of such institution.
(b) On or before December 31, 2025, each governing body of a postsecondary educational institution shall:
(1) Identify the accrediting agencies or association eligible to accredit such institution. Any such agencies or associations shall be agencies or associations recognized by the United States department of education in the database maintained by such department; and
(2) update the policies and practices on accreditation of such institution to ensure that the institution may freely pursue accreditation by any accrediting agency or association identified pursuant to paragraph (1) that is appropriate for the programs offered by such institution.
(c) No accrediting agency or association shall compel a postsecondary educational institution to violate any state law. Any adverse action taken against a postsecondary educational institution based, in whole or in part, on such institution's compliance with any state law shall constitute a violation of this section. Any such violation may be enforced only to the extent that state law is not preempted by a federal law recognizing the necessity of the accreditation standard or requirement.
(d) A postsecondary educational institution that is negatively affected by a violation of this section may bring a civil action against the accrediting agency or association in a court of competent jurisdiction in this state.
(e) If an accrediting agency or association violates this section, the governing board of the affected postsecondary educational institution shall notify the legislature in writing within 30 calendar days of such violation.
(f) As used in this section, "postsecondary educational institution" means a:
(1) State educational institution as defined in K.S.A 76-711, and amendments thereto;
(2) private postsecondary educational institution as defined in K.S.A. 74-32,163, and amendments thereto;
(3) municipal university as defined in K.S.A. 74-3201b, and amendments thereto;
(4) not-for-profit institution of postsecondary education with its main campus or principal place of operation in Kansas, is operated independently and not controlled or administered by any state agency or subdivision of the state, maintains open enrollment and is accredited by a nationally recognized accrediting agency for higher education in the United States; and
(5) community college as defined in K.S.A. 74-3201b, and amendments thereto.
History: L. 2025, ch. 14, § 1; July 1.
(a) On and after July 1, 2025, for any repayment obligation owed by an individual, the applicable interest rate shall be 5% per annum if such repayment obligation:
(1) Arises under any scholarship, grant or other student financial aid program established in article 32 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, or under any agreement entered into pursuant thereto; and
(2) requires the payment of interest pursuant to the terms of the statute or agreement under which the individual received the scholarship, grant or other student financial aid.
(b) No interest for such scholarship, grant, or other student financial aid shall begin to accrue earlier than the date that the individual becomes required to repay such scholarship, grant or other student financial aid to the state board of regents, as determined by the state board of regents.
(c) The interest rate established in subsection (a) and the accrual date determined under subsection (b) shall apply to repayment obligations arising in relation to any scholarship, grant or other student financial aid distributed prior to July 1, 2025, pursuant to any scholarship, grant or other student financial aid program established in article 32 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto.
(d) Nothing in this section shall be construed to impose an interest rate:
(1) In excess of the interest rate specified in either the applicable statute at the time an individual received the scholarship, grant or other student financial aid relating to the repayment obligation or the agreement between the individual and an educational institution, a sponsor or the state board of regents; or
(2) upon amounts owed to the state board of regents by educational institutions, sponsors or amounts owed to educational institutions or sponsors by the state board of regents.
(e) No individual shall be entitled to a refund for amounts paid to the state board of regents before July 1, 2025.
History: L. 2025, ch. 86, § 1; April 24.
The state board of regents may recover the reasonable costs of collection, including, but not limited to, court costs, attorney fees and collection agency fees, from any individual who is subject to a repayment obligation arising under any scholarship, grant or other student financial aid program established in article 32 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, or under any agreement entered into pursuant thereto.
History: L. 2025, ch. 86, § 2; April 24.
The chief executive officer of the state board of regents may fix, charge and collect fees for the processing of applications and other activities related to the administration of student financial assistance programs administered by the state board of regents. Such fees shall be fixed in amounts to recover all or a part of the direct and indirect operating expenses incurred for administering such programs. All moneys received by the state board of regents from the payment of such fees shall be deposited in the state treasury in accordance with K.S.A. 75-4215, and amendments thereto, and shall be credited to the financial aid services fee fund of the state board of regents.
History: L. 2025, ch. 86, § 3; April 24.
(a) There is hereby established the postsecondary technical education authority. The authority shall be composed of 12 members appointed as follows:
(1) Four members shall be appointed by the state board of regents. Of the members appointed by the state board of regents: Two shall be members of the state board of regents, or the designee thereof; one shall be a representative of the community colleges which provides technical education, or the designee thereof; and one shall be a representative of the technical colleges in the state, or the designee thereof;
(2) three members shall be appointed by the governor. Of the members appointed by the governor: One shall represent Kansas business and industry; and two shall represent the general public;
(3) one member shall be appointed by the president of the senate and shall be a representative of business and industry;
(4) one member shall be appointed by the speaker of the house of representatives and shall be a representative of business and industry; and
(5) the commissioner of education, the secretary of commerce and the secretary of labor, or the designee thereof, who shall serve as ex officio members of the authority.
(b) When making appointments of the representatives of Kansas business and industry and the general public, consideration shall be given to persons who are recognized for their knowledge or expertise and are representative of current and emerging technical career clusters of the state. No more than two members of the authority shall be representative of any one specific technical career cluster. Of the members appointed to represent Kansas business and industry and the general public, there shall be appointed at least one member from each congressional district. Redistricting of congressional districts occurring subsequent to a member's appointment shall not disqualify any member of the authority from service. The state board of regents shall determine the technical career clusters of the state.
(c) No more than five voting members of the authority shall be members of the same political party.
(d) Any vacancy in the membership of the authority shall be filled by appointment in the same manner as provided for original appointment of the member.
(e) The members of the authority shall meet and organize annually by electing one member as chairperson, except that the governor shall designate the first chairperson of the authority from among the first members appointed.
(f) The authority may meet at any time and at any place within the state on the call of the chairperson. A quorum of the authority shall be five voting members. All actions of the authority shall be by motion adopted by a majority of those voting members present when there is a quorum.
(g) Members of the authority attending meetings of the authority, or attending a subcommittee meeting thereof authorized by the authority, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3212, and amendments thereto, for members of the legislature.
History: L. 2007, ch. 199, § 1; L. 2011, ch. 97, § 35; July 1.
(a) The postsecondary technical education authority shall:
(1) Have delegated authority from the board of regents to coordinate state-wide planning for postsecondary technical education, new postsecondary technical education programs and contract training. Such planning shall be conducted in coordination with federal agencies, the state board of education and other state agencies and Kansas business and industry;
(2) recommend for adoption by the state board of regents rules and regulations for the supervision of postsecondary technical education;
(3) review existing and proposed postsecondary technical educational programs and program locations and make recommendations to the state board of regents for approval or disapproval of such programs for state funding purposes;
(4) review requests of state funding for postsecondary technical education and make recommendations to the state board of regents for amounts of state funding and the distribution thereof;
(5) develop benchmarks and accountability indicators of programs to be utilized in the awarding of state funding and make recommendations relating thereto to the state board of regents;
(6) develop and advocate annually a policy agenda for postsecondary technical education;
(7) conduct continuous studies of ways to maximize the utilization of resources available for postsecondary technical education and make recommendations for improvement in the use of such resources to the state board of regents;
(8) conduct studies to develop strategies and programs for meeting needs of business and industry and make recommendations relating thereto to the state board of regents;
(9) make reports on the performance of its functions and duties together with any proposals and recommendations it may formulate with respect thereto to the state board of regents;
(10) coordinate the development of a seamless system for the delivery of technical education between the secondary-school level and the postsecondary-school level;
(11) (A) develop and recommend to the state board of regents a credit hour funding distribution formula for postsecondary technical training programs that: (i) Is tiered to recognize and support cost differentials in providing high-demand, high-tech training; (ii) takes into consideration target industries critical to the Kansas economy; (iii) is responsive to program growth; and (iv) includes other factors and considerations as deemed necessary or advisable; and (B) establish and recommend to the state board of regents the rates to be used in such funding distribution formula; and
(12) make an annual report to the legislature on the performance of its functions and duties.
(b) Recommendations adopted by the authority pursuant to subsection (a) shall be submitted to the state board of regents. A recommendation of the authority shall be implemented by the state board unless the state board, by majority vote thereof, vetoes the recommendation within 45 days of the submission of the recommendation to the state board.
(c) (1) Subject to the provisions of paragraph (2), the state board of regents and the postsecondary technical education authority shall appoint a vice-president of workforce development who shall serve as the executive director of the postsecondary technical education authority. The vice-president for workforce development shall be in the unclassified service under the Kansas civil service act. Such person shall not be a member of the authority and shall serve at the pleasure of the state board of regents.
(2) The state board of regents shall develop a procedure for the appointment of the vice-president of workforce development. Such procedure shall provide for the participation of the Kansas association of community college trustees and the Kansas association of technical schools and colleges, or the successor organizations thereof, in the selection of the vice-president of workforce development.
History: L. 2007, ch. 199, § 2; L. 2009, ch. 24, § 24; L. 2019, ch. 24, § 1; July 1.
Subject to the provisions of appropriation acts, the state board of regents shall provide staff, facilities and other assistance as may be requested by the postsecondary technical education authority.
History: L. 2007, ch. 199, § 3; May 24.
History: L. 2007, ch. 199, § 4; L. 2013, ch. 70, § 1; L. 2017, ch. 47, § 2; Repealed, L. 2019, ch. 24, § 2; July 1.
(a) The state of Kansas hereby accepts the provisions and benefits of the Carl D. Perkins career and technical education act of 2006, and acts amendatory thereof and supplemental thereto. The state board of regents shall be and hereby is designated as the sole agency for supervision of the administration of the state plan for career and technical education. The state board is authorized to prepare, from time to time amend, and administer the state plan for career and technical education as provided in the above cited federal act.
(b) The state plan for career and technical education, prepared and adopted pursuant to the provisions of this section, shall continue to be effective and shall be deemed to be the duly adopted state plan for career and technical education in Kansas, until revised, amended, revoked or nullified pursuant to law.
History: L. 1969, ch. 319, § 1; L. 1977, ch. 245, § 1; L. 1986, ch. 267, § 1; L. 1991, ch. 222, § 1; L. 1999, ch. 40, § 1; L. 1999, ch. 147, § 100; L. 2000, ch. 86, § 2; L. 2001, ch. 95, § 1; L. 2009, ch. 24, § 2; July 1.
It is the purpose and intention of this act to provide a means whereby the state in cooperation with school districts and postsecondary educational institutions can provide for career and technical education and for participation by this state in career and technical education programs authorized by federal career and technical education acts.
History: L. 1969, ch. 318, § 1; L. 1986, ch. 267, § 2; L. 2009, ch. 24, § 3; July 1.
As used in this act:
(a) "Associate of applied science degree program" means a program that is offered and maintained by a technical college, composed of career technical and general education courses of instruction for which individuals may earn college credit, designed to prepare individuals for gainful employment in technical or technological occupations requiring other than a baccalaureate or advanced degree or to qualify individuals for transfer to another college or university and, after satisfactory completion of the requirements for graduation, results in the conferral of an associate of applied science degree. For the purpose of awarding college credit for completion of coursework leading to the conferral of an associate of applied science degree, the state board of regents shall determine the number of clock hours of instruction in general education courses or career technical education courses which shall be equivalent to a credit hour.
(b) "Board" means the board of education of any school district, the board of trustees of any community college, the board of regents of any municipal university, the governing body of any technical college, or the chief executive officer of any state educational institution.
(c) "Career technical education" means organized educational programs offering a sequence of courses which are directly related to the preparation of individuals in paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degree. Such programs shall include competency-based applied learning which contributes to an individual's academic knowledge, higher-order reasoning, and problem-solving skills, work attitudes, general employability skills, and the occupational-specific skills necessary for economic independence as a productive and contributing member of society. The term "career technical education" also includes technology education and career and technical education as referenced in the Carl D. Perkins career and technical education act of 2006.
(d) "Community college" means any community college organized and operating under the laws of this state.
(e) "Institute of technology" or "Washburn institute of technology" means the institute of technology at Washburn university.
(f) "Municipal university" means a municipal university established under the provisions of article 13a of chapter 13 of Kansas Statutes Annotated, and amendments thereto.
(g) "School district" means any school district organized under the laws of this state.
(h) "School year" means the 12-month period ending on June 30.
(i) "State board" means the state board of regents.
(j) "State educational institution" means the university of Kansas, Kansas state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state university and Fort Hays state university.
(k) "State plan" means a document or set of documents, together with attachments and supplements thereto, containing such provisions as are authorized by this act and required by the Carl D. Perkins career and technical education act of 2006, and acts amendatory thereof or supplemental thereto.
(l) "Technical college" means an educational institution that formerly was an area vocational school or an area vocational-technical school and that has been converted to, established as, and officially designated a technical college under authority of this act.
(m) "Technology education" means an applied discipline designed to promote technological literacy which provides knowledge and understanding of the impacts of technology including its organizations, techniques, tools and skills to solve practical problems and extend human capabilities in technological areas.
History: L. 1969, ch. 318, § 2; L. 1977, ch. 245, § 4; L. 1984, ch. 265, § 2; L. 1986, ch. 267, § 3; L. 1990, ch. 251, § 2; L. 1991, ch. 222, § 3; L. 1992, ch. 248, § 8; L. 1994, ch. 246, § 1; L. 1996, ch. 36, § 2; L. 1999, ch. 40, § 2; L. 1999, ch. 147, § 101; L. 2000, ch. 86, § 3; L. 2001, ch. 10, § 2; L. 2001, ch. 95, § 2; L. 2002, ch. 29, § 1; L. 2009, ch. 24, § 4; L. 2011, ch. 97, § 24; July 1.
The state plan for career and technical education may include such matters as are required to be included in state plans by federal law and rules and regulations. The state plan shall not include any provision which is in conflict with the provisions of this act or any other law of this state. The state plan, in addition to other matters which it may contain, may include such additional items as are permitted to be included by this act. The state plan, or substantive changes, supplements or revisions of any part or all thereof, shall not be approved by the state board until a proposal therefor has been issued by the state board and such proposal has been distributed to each board and to other interested persons, and until reasonable public notice has been given, and all boards as well as other interested persons have been given a reasonable opportunity for public hearing. Rules and regulations adopted by the state board shall be adopted in accordance with law.
History: L. 1969, ch. 318, § 3; L. 1977, ch. 245, § 5; L. 1986, ch. 267, § 4; L. 1991, ch. 222, § 4; L. 1999, ch. 40, § 3; L. 2009, ch. 24, § 5; July 1.
The state board may enter into contracts with any party or parties including any agency of the United States or any state or any subdivision of any state or with any person, partnership or corporation if the purpose of such contract is directly related to research in the matter of career technical education.
History: L. 1969, ch. 318, § 4; L. 2009, ch. 24, § 6; July 1.
The state board shall be responsible for the allocation and distribution of the state and federal funds provided for pursuant to the Carl D. Perkins career and technical education act of 2006 in accordance with the state plan. Moneys allocated and distributed under the provisions of this section shall be expended only in accordance with and for the purposes specified in federal or state law or the state plan. Payments under this act may be made in installments and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. Federal funds for career and technical education shall be deposited in the state treasury.
History: L. 1969, ch. 318, § 5; L. 1978, ch. 278, § 8; L. 1986, ch. 267, § 5; L. 1987, ch. 271, § 1; L. 2009, ch. 24, § 7; L. 2011, ch. 97, § 25; July 1.
(a) The boards of the school districts and the community college to which this section applies may jointly present a plan to the state board of education for the establishment and operation of an area vocational-technical school. The plan shall be prepared in such form as is prescribed by the state board.
(b) Information included in support of the plan shall include, but not be limited to the following:
(1) Concentration of population within a reasonable community service area;
(2) total enrollments in the school districts and community college to which this section applies, separately;
(3) number of persons graduating from high school within the area;
(4) probability of growth in enrollments within the area;
(5) identification of vocational education services needed within the area;
(6) local interest and attitudes toward the program;
(7) ability to contribute to the financial support of the program;
(8) consideration of the area in relation to other programs or requests for programs of vocational education to prevent, as nearly as is practicable, overlapping or duplication of educational services.
(c) Upon receipt and examination of the plan, the state board shall conduct hearings and make such investigations related to the plan as it deems appropriate. If the plan submitted is approved, or approved after amendment, the state board shall issue an order authorizing the establishment of the area vocational-technical school and providing for its classification as a type II area vocational-technical school. The order issued by the state board under authority of this section shall contain a rescission of any authorization granted by the state board prior to the effective date of this act for the establishment of an area vocational school by any of the boards of the school districts or the community college to which this section applies.
(d) The area vocational-technical school established under authority of this section shall be designated as Johnson county area vocational-technical school. The provisions of all statutes of general application to area vocational-technical schools shall apply to the area vocational-technical school established under authority of this section.
(e) This section applies to: Unified school district No. 229, Johnson county; unified school district No. 230, Johnson county; unified school district No. 231, Johnson county; unified school district No. 232, Johnson county; unified school district No. 233, Johnson county; unified school district No. 512, Johnson county; and Johnson county community college.
(f) As used in this section, the term "board" means the boards of education of the unified school districts to which this section applies and the board of trustees of the community college to which this section applies.
History: L. 1984, ch. 265, § 1; April 12.
The secretary of commerce and the state board of regents are hereby authorized to participate in the federal workforce investment act (public law 105-220), and amendments thereto, by providing from funds made available under the federal act and appropriated by the legislature for vocational training in accordance with and to the extent required by the federal act.
History: L. 1969, ch. 318, § 17; L. 1977, ch. 245, § 6; L. 1985, ch. 292, § 17; L. 1999, ch. 147, § 106; L. 2004, ch. 179, § 93; L. 2009, ch. 24, § 13; July 1.
As used in this act:
(a) "Board," "state board," "school year" and "technical college" have the meanings respectively ascribed thereto in K.S.A. 74-32,407, and amendments thereto.
(b) "Career technical education capital outlay aid" means state financial aid distributed under this act by the state board to an eligible institution for the purpose of construction, reconstruction, repair, remodeling, additions to, furnishing and equipping of buildings, architectural expenses incidental thereto, the acquisition of buildings and building sites and the acquisition of equipment.
(c) "Eligible institution" or "institution" means any technical college, Coffeyville community college, Cowley county community college, Dodge City community college, Highland community college, Hutchinson community college, Johnson county community college, Kansas City, Kansas community college, Pratt community college, Seward county community college and the institute of technology at Washburn university.
History: L. 1977, ch. 235, § 1; L. 1980, ch. 218, § 1; L. 1986, ch. 267, § 11; L. 2011, ch. 97, § 26; July 1.
(a) There is hereby established in every eligible institution a fund which shall be called the "career technical education capital outlay fund," which fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by an eligible institution from distributions made under this act shall be credited to the career technical education capital outlay fund.
(b) Any moneys received, prior to or after the effective date of this act, by an eligible institution from donations, gifts, grants or bequests, subject to any terms or conditions to the contrary imposed by the donor thereof, may be transferred to or deposited in the career technical education capital outlay fund and may be expended by the institution for any purpose for which career technical education capital outlay aid may lawfully be expended.
History: L. 1977, ch. 235, § 2; L. 1983, ch. 238, § 2; L. 2011, ch. 97, § 27; July 1.
The amount of career technical education capital outlay aid for each eligible institution shall be determined by the state board on the basis of need and the condition of existing facilities and equipment and payments thereof shall be distributed on payment dates to be determined by the state board. The state board shall certify to the director of accounts and reports the amount due as career technical education capital outlay aid to each eligible institution five days before each payment date. The director of accounts and reports shall draw warrants on the state treasurer payable to the treasurer of each institution eligible for payment of career technical education capital outlay aid, pursuant to vouchers approved by the state board or by a person or persons designated by the state board. Upon receipt of such warrant, the treasurer of each eligible institution shall deposit the amount of such warrant to the credit of the career technical education capital outlay fund established by this act.
In the event any eligible institution is paid more than it is entitled to receive under any distribution made under this act, the state board shall notify the institution of the amount of such overpayment, and such institution shall remit the same to the state board. The state board shall remit any moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. If any such institution fails to remit, the state board shall deduct the excess amounts so paid from future payments becoming due to such institution. In the event any institution is paid less than the amount to which it is entitled under any distribution made under this act, the state board shall pay the additional amount due at any time within the academic year in which the underpayment was made or within 60 days after the end of such academic year.
History: L. 1977, ch. 235, § 3; L. 1992, ch. 280, § 43; L. 2001, ch. 5, § 286; L. 2011, ch. 97, § 28; July 1.
(a) In addition to other transfers authorized by law, the board of any area vocational-technical school may transfer moneys from its operating fund to its vocational education capital outlay fund. The amount of any such transfer shall not be considered as part of the operating budget of an area vocational-technical school.
(b) Amounts received by a school under authority of this act shall not be included in the operating budget of said school.
History: L. 1977, ch. 235, § 4; July 1.
As used in this act:
(a) "Career technical education program" means a program of vocational or technical training or retraining that is operated at the postsecondary level and is designed to prepare persons for gainful employment.
(b) "Career technical education institution" means any technical college, community college, municipal university, or any state educational institution that operates one or more career technical education programs.
(c) "Community college," "institute of technology," "municipal university," "state educational institution," "technical college," and "state board" mean the same as such terms are defined in K.S.A.
74-32,407, and amendments thereto.
(d) "Program" means the Kansas training information program established by this act.
History: L. 1987, ch. 281, § 1; L. 2006, ch. 66, § 2; L. 2009, ch. 24, § 17; L. 2011, ch. 97, § 29; L. 2021, ch. 17, § 23; July 1.
There is hereby established the Kansas training information program. The state board shall adopt rules and regulations for administration of the program and shall:
(a) Publish and distribute a report of the employment placement rates and average salaries earned by persons completing career technical education programs in this state during the most recently ended fiscal year for which such information is available. The information required in such report shall be separately reported by program and by institution or school;
(b) establish an advisory committee consisting of representatives of career technical education institutions and participating private and out-of-state postsecondary educational institutions to assist in the administration of the program. Such representatives shall be comprised of persons who reside or work in Kansas; and
(c) prescribe all forms necessary for career technical education institutions and participating private and out-of-state postsecondary educational institutions to provide the information necessary to produce the report required by this section.
History: L. 1987, ch. 281, § 2; L. 1988, ch. 279, § 1; L. 1991, ch. 223, § 1; L. 2006, ch. 66, § 3; L. 2009, ch. 24, § 18; July 1.
(a) Every career technical education institution that desires to participate in the program shall:
(1) On or before October 1 in each fiscal year, transmit the following information to the state board:
(A) The social security number of each person who completed a career technical education program operated by the career technical education institution or private or out-of-state postsecondary educational institution during the prior fiscal year; and
(B) such other information as the state board may require in order to conduct follow-up surveys and studies that will assist in the evaluation of career technical education programs; and
(2) prior to or at the time of enrollment at the career technical education institution, make available to persons enrolling in a vocational education program the most current report published and distributed by the state board.
(b) Information transmitted to the state board pursuant to subsection (a)(1) shall be confidential and shall not be disclosed or made public in such a manner that any individual person can be identified thereby.
History: L. 1987, ch. 281, § 3; L. 1988, ch. 279, § 2; L. 2006, ch. 66, § 4; L. 2009, ch. 24, § 19; L. 2021, ch. 17, § 24; July 1.
(a) The board of trustees of every community college and the governing board of every technical college and the institute of technology shall make and enter into agreements providing the transferability of substantially equivalent courses of study and programs which are offered at such educational institutions in order to facilitate the articulation of students to and among such educational institutions.
(b) The following conditions shall apply to the agreements required under subsection (a):
(1) The state board of regents shall be notified of the agreement at the time the agreement is executed; and
(2) the agreement shall be effective only after approval by the state board of regents.
(c) The state board of regents shall prescribe criteria or guidelines for the purpose of determining which courses of study and programs offered in the technical colleges and the institute of technology are: (1) Substantially equivalent to courses of study and programs offered in the community colleges; and (2) transferable to the community colleges.
History: L. 1991, ch. 212, § 1; L. 1999, ch. 147, § 109; L. 2011, ch. 97, § 30; July 1.
The state board of regents shall adopt a policy requiring articulation agreements among community colleges, technical colleges, the institute of technology and state educational institutions providing for the transferability of substantially equivalent courses of study and programs which are offered at community colleges, technical colleges, the institute of technology and state educational institutions in order to facilitate articulation of students in technical programs to and among community colleges, technical colleges, the institute of technology and state educational institutions.
History: L. 1991, ch. 212, § 2; L. 1999, ch. 147, § 110; L. 2011, ch. 97, § 31; July 1.
(a) The state board of regents shall initiate the development of a statewide articulation agreement on career technical education programs among the high schools, community colleges, technical colleges and the institute of technology.
(b) For the purposes of this section, the term "articulation agreement" means an agreement entered into to provide for the transferability of substantially equivalent courses of study or programs.
History: L. 2012, ch. 159, § 4; July 1.
As used in this act:
(a) "Board of regents" means the state board of regents provided for in the constitution of this state.
(b) "Career technical workforce grant" means the award of a financial grant-in-aid by this state under this act to an eligible student.
(c) "Designated career technical education program" means a program operated at the postsecondary level by a designated educational institution that has been identified by the Kansas board of regents, working in conjunction with the Kansas department of commerce, as a high cost, high demand or critical industry field program.
(d) "Designated educational institution" means an educational institution that: (1) Has been identified by the Kansas board of regents, working in conjunction with the Kansas department of commerce, as delivering programs that are high cost, high demand or in a critical industry field; (2) is eligible to receive federal title IV funding; and (3) has its main campus or principal place of operation located in Kansas.
(e) "Eligible career technical education program" means a designated career technical education program operated at the postsecondary level by a designated educational institution.
(f) "Eligible student" means a person who: (1) Is a resident of Kansas; (2) has graduated from a high school accredited by the state board of education or has received general educational development credentials issued by the board of regents, or has graduated from a home school program or a nonaccredited private secondary school, as defined and authorized pursuant to K.S.A. 72-4345 et seq.; and (3) is enrolled in or has been accepted for admission to an eligible career technical education program operated by a designated Kansas educational institution.
(g) "Program term" means ½ the duration of the period of time required for completion of a career technical education program when such period of time encompasses more than one school year.
(h) "Satisfactory performance" means retaining admission in and meeting the standards established by the Kansas educational institution being attended by the eligible student.
(i) "School year" means the period of time beginning on July 1 in each calendar year and ending on June 30 in the succeeding calendar year.
(j) "State board of education" means the state board of education provided for in the constitution of this state.
History: L. 1986, ch. 355, § 1; L. 1999, ch. 147, § 111; L. 2012, ch. 168, § 1; July 1.
Within the limits of appropriations therefor and in accordance with the provisions of this act:
(a) The board of regents may: (1) Award a career technical workforce grant to persons enrolled in or accepted for admission to an eligible career technical education program at a designated educational institution; and (2) renew the award of career technical workforce grants to every person who is currently receiving a career technical workforce grant and who qualifies on the basis of satisfactory performance in a vocational education program at a designated educational institution for the renewal of the award of a vocational education scholarship; and
(b) in each school year, the board of regents may award career technical workforce grants to those applicants who exhibit financial need as determined on the basis of criteria under the federal methodology of need analysis, with preference given to those who exhibit the greatest financial need. An applicant who is found to be ineligible for a career technical workforce grant shall not be disqualified from subsequently applying in later school years.
History: L. 1986, ch. 355, § 2; L. 1998, ch. 165, § 9; L. 2012, ch. 168, § 2; July 1.
(a) Subject to the other provisions of this section, a career technical workforce grant shall provide, upon certification by a designated educational institution that the eligible student is enrolled in an eligible career technical education program, for payment to the eligible student of an amount not to exceed:
(1) One thousand dollars when the period of time required for completion of the career technical education program in which the eligible student is enrolled is not more than one school year in duration; or
(2) one thousand dollars for each program term, not to exceed two program terms, when the duration of the period of time required for completion of the career technical education program in which the eligible student is enrolled encompasses more than one school year.
(b) In no event shall the amount awarded to an eligible student under a career technical workforce grant or the total of any amounts awarded thereunder exceed an amount equal to the amount of the total tuition and required fees for the career technical education program in which the eligible student is enrolled.
(c) Eligible students who are enrolled as part-time students in a career technical education program at a designated educational institution may qualify for a career technical workforce grant, but shall receive a proportionate amount of the grant based upon the number of credit hours they are enrolled in per academic period, when compared and computed as a fraction of the total number of credit hours required for full-time enrollment.
History: L. 1986, ch. 355, § 3; L. 2012, ch. 168, § 3; July 1.
(a) The board of regents may adopt rules and regulations for administration of the provisions of this act and shall:
(1) Publicize procedures for application for career technical workforce grants;
(2) provide application forms;
(3) establish and prescribe the information and documentation that must be provided by each applicant in order to establish financial need;
(4) notify each person who qualifies for the award of a career technical workforce grant and each eligible student who remains eligible and qualified for the renewal of the award of a career technical workforce grant;
(5) approve and award or renew the award of career technical workforce grants;
(6) determine full-time or part-time enrollment in a career technical education program;
(7) provide for apportionment of career technical workforce grants if appropriations therefor are insufficient for payment in full to all eligible students;
(8) evaluate the career technical workforce grant program for each school year and make a report thereon to the governor and the legislature;
(9) request any designated educational institution to furnish any information relating to and necessary for administration of this act.
(b) Upon the effective date of this act, the director of accounts and reports is directed to transfer all moneys in the vocational education scholarship examination fees fund to the career technical workforce grant discontinued attendance fund established in K.S.A. 74-32,427, and amendments thereto. Upon the effective date of this act, all liabilities of the vocational education scholarship examination fees fund existing prior to such effective date are hereby imposed on the career technical workforce grant discontinued attendance fund established in K.S.A. 74-32,427, and amendments thereto. The vocational education scholarship examination fees fund is hereby abolished.
History: L. 1986, ch. 355, § 4; L. 2001, ch. 5, § 287; L. 2012, ch. 168, § 4; July 1.
(a) Payments to an eligible student of a career technical workforce grant shall be made at times specified by the board of regents upon vouchers approved by its designated administrative officer and upon warrants of the director of accounts and reports. Payments of a career technical workforce grant may be made by the issuance of a single warrant to each designated educational institution at which an eligible student is enrolled for the total amount of career technical workforce grants for all eligible students enrolled at that institution. The director of accounts and reports shall cause such warrant to be delivered to the designated educational institution at which the eligible student is enrolled. Upon receipt of such warrant, the designated educational institution shall credit immediately the account of each eligible student enrolled at that institution by an amount specified by the board of regents for each such eligible student.
(b) If an eligible student discontinues attendance before the end of an eligible career technical education program or program term, after the designated educational institution has received payment under this section, the designated educational institution shall pay to the state: (1) The entire amount which the eligible student would otherwise qualify to have refunded not to exceed the amount of the payment made under the career technical workforce grant; or (2) if the eligible student has received payments under any federal program of student assistance, the state's pro rata share of the entire amount which the eligible student would otherwise qualify to have refunded, not to exceed the amount of the payment made under the career technical workforce grant.
(c) All amounts paid to the state by a designated educational institution under subsection (b) shall be deposited in the state treasury and credited to the career technical workforce grant discontinued attendance fund which is hereby established. All expenditures from the career technical workforce grant discontinued attendance fund shall be for career technical workforce grants. On the effective date of this act, the vocational education scholarship discontinued attendance fund is hereby redesignated as the career technical workforce grant discontinued attendance fund.
History: L. 1986, ch. 355, § 5; L. 2012, ch. 168, § 5; July 1.
Each applicant for a career technical workforce grant, in accordance with rules and regulations of the board of regents, shall:
(a) Complete and file an application for the award or renewal of a career technical workforce grant.
(b) Report promptly to the board of regents any information requested relating to the administration of this act.
History: L. 1986, ch. 355, § 6; L. 2012, ch. 168, § 6; July 1.
As used in this act:
(a) "Community college," "technical college" and "institute of technology" have the meanings respectively ascribed thereto in K.S.A. 74-32,407, and amendments thereto.
(b) "Career technical education institution" means any community college, technical college or the institute of technology.
(c) "Board" means the state board of regents.
(d) "Program" means Kansas technology innovation and internship program.
History: L. 1991, ch. 216, § 1; L. 1999, ch. 147, § 112; L. 2009, ch. 24, § 20; L. 2011, ch. 97, § 32; July 1.
(a) There is hereby established the Kansas technology innovation and internship program to be administered by the board. The purposes of the program is to provide grants to career technical education institutions for:
(1) Start-up support for innovative technical courses or programs in emerging technologies, manufacturing or areas of skill shortages; or
(2) internships to enable faculty of the career technical education institutions to work in an industrial setting or to enable industrial employees to work in an educational setting at such career technical education institutions.
(b) Grants awarded under the provisions of this act shall be subject to the following conditions:
(1) Private business must provide financial or in-kind support, or any combination thereof, to the career technical educational institutions equaling 100% of the amount of the grant; and
(2) the technical course or program must be new to Kansas, or, if an equivalent course or program is already in existence in Kansas, the new course or program is not offered at a site within 100 miles of a site at which the existing, equivalent course or program is offered; and
(3) the technical course or program must relate to a business or industry located in the service area of the career technical educational institution.
(c) Subject to the provisions of appropriations acts and in accordance with the provisions of this act, the board may provide grants to career technical educational institutions for the purposes provided for in this act.
(d) The board shall adopt rules and regulations for the administration of the program, including the establishment of grant eligibility criteria.
History: L. 1991, ch. 216, § 2; L. 2009, ch. 24, § 21; July 1.
On or before November 1 and on or before March 1 of each year, the chief administrative officer of each technical college shall certify under oath to the state board the total number of duly enrolled credit hours of students of the technical college during the current session who are state residents. Each November 1 and March 1, certification for payment shall set forth separately the credit hour enrollment for preceding sessions and for the current fall session. The state board may require the technical college to furnish any additional information deemed necessary by it to carry out the provisions of K.S.A. 74-32,468 and K.S.A. 74-32,431 and 74-32,432, and amendments thereto, and shall prescribe such forms and policies as may be necessary for making such reports.
History: L. 2011, ch. 97, § 11; July 1.
(a) If the amount of any appropriation for non-tiered course credit hour grant aid is insufficient to pay in full the amount each technical college is eligible to receive, the amount appropriated shall be prorated among all technical colleges in proportion to the amount each is eligible to receive.
(b) If any technical college is paid more than the amount it is eligible to receive, the state board shall notify the technical college of the amount of the overpayment and the technical college shall remit the same to the state board and the state board shall deposit the same in the state treasury to the credit of the general fund, and if any such technical college fails to remit, the state board shall deduct the excess amount so paid from future payments becoming due to such technical college.
(c) If any technical college is paid less than the amount it is eligible to receive, the state board shall pay the additional amount due at any time within the fiscal year in which the underpayment was made or within 60 days after the end of such fiscal year.
(d) As used in this section, the term "non-tiered course" shall have the same meaning ascribed thereto in K.S.A. 71-1802, and amendments thereto.
History: L. 2011, ch. 97, § 12; July 1.
(a) Provided a particular career technical education program is not offered in a particular service area, the governing board of a community college, technical college or institute of technology located outside such service area, in coordination with one or more school districts located within such service area, may apply to the state board of regents for permission to establish such career technical education program to be taught at a location in such service area. An application for such permission shall be submitted in such form and manner as prescribed by the state board of regents. In reviewing any such application, the state board of regents shall consider the ability and willingness of any postsecondary educational institution located in such service area to offer such career technical education program. If no such career technical education program is offered in such service area and no postsecondary educational institution located in such service area intends to offer such career technical education program, then the board of regents may approve such application to establish such career technical education program. Upon approval of its application by the state board of regents, the governing board of a community college, technical college or institute of technology may purchase or otherwise acquire land or land and improvements in such service area for the purpose of providing such career technical educational program.
(b) The state board of regents may adopt such rules and regulations necessary to administer the provisions of this section.
(c) For purposes of this section:
(1) The terms "career technical education," "community college," "institute of technology" and "technical college" have the same meaning as such terms are defined in K.S.A. 74-32,407, and amendments thereto.
(2) "Postsecondary educational institution" has the same meaning as such term is defined in K.S.A. 74-3201b, and amendments thereto.
(3) "Service area" means: (A) For community colleges, a designated geographic area of the state established pursuant to agreement of the presidents of the community colleges and adopted in policy by the state board of regents; (B) for technical colleges, the territory set forth in the college's plan submitted to the board of regents pursuant to K.S.A. 74-32,452, and amendments thereto; and (C) for the institute of technology, Shawnee county.
(d) The provisions of this section shall take effect and be in force from and after July 1, 2013.
History: L. 2012, ch. 159, § 3; July 1.
(a) (1) Any eligible postsecondary educational institution may certify to the board of regents:
(A) The number of individuals who received a general educational development (GED) or high school equivalency (HSE) credential from such institution while enrolled in an eligible career technical education program;
(B) the number of individuals who received a career technical education credential from such institution; and
(C) the number of individuals who were enrolled in an eligible career technical education program at such institution and who are pursuing a general educational development (GED) or high school equivalency (HSE) credential.
(2) Certifications submitted pursuant to this subsection shall be submitted in such form and manner as prescribed by the board of regents and shall include such other information as required by the board of regents.
(b) Each fiscal year, upon receipt of a certification submitted under subsection (a), the board of regents shall authorize payment to such eligible postsecondary educational institution from the postsecondary education performance-based incentives fund. The amount of any such payment shall be calculated based on the following:
(1) For each individual who has received a general educational development (GED) or high school equivalency (HSE) credential, $500;
(2) for each individual who has received a career technical education credential, $1,000; and
(3) for each individual enrolled in an eligible career technical education program who is pursuing a general educational development (GED) or high school equivalency (HSE) credential, $170.
(c) That portion of any payment from the postsecondary education performance-based incentives fund that is made based on subsection (b)(2) shall be expended for scholarships for individuals enrolled in an eligible career technical education program and operating costs of eligible career technical education programs. Each eligible postsecondary educational institution shall prepare and submit a report to the board of regents that includes the number of individuals who received scholarships, the aggregate amount of moneys expended for such scholarships and the number of those individuals who received a scholarship that also received a career technical education credential.
(d) (1) Of that portion of any payment from the postsecondary education performance-based incentives fund that is made based on subsection (b)(3), an amount equal to $150 for each individual shall be expended by the eligible postsecondary educational institution for the general educational development (GED) test.
(2) If any individual enrolled in an eligible career technical education program for which an eligible postsecondary educational institution has received a payment under this section fails to take the general educational development (GED) test, then such institution shall notify the board of regents in writing that no such test was administered to the individual. For each such notification received, the board of regents shall deduct an amount equal to $150 from such institution's subsequent incentive payment.
(e) All payments authorized by the board of regents pursuant to this section shall be subject to the limits of appropriations made for such purposes. If there are insufficient appropriations for the board of regents to authorize payments in accordance with the amounts set forth in subsection (b), the board of regents shall prorate such amounts in accordance with appropriations made therefor.
(f) There is hereby created the postsecondary education performance-based incentives fund. Expenditures from the postsecondary education performance-based incentives fund shall be for the sole purpose of paying payments to eligible postsecondary educational institutions as authorized by the board of regents. All expenditures from the postsecondary education performance-based incentives fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board of regents or the president's designee.
(g) As used in this section:
(1) "Board of regents" means the state board of regents provided for in the constitution of this state and established by K.S.A. 74-3202a, and amendments thereto.
(2) "Career technical education credential" means any industry-recognized technical certification or credential, other than a general educational development (GED) or high school equivalency (HSE) credential, or any technical certification or credential authorized by a state agency.
(3) "Eligible career technical education program" means a program operated by one or more eligible postsecondary educational institutions that is identified by the board of regents as a program that allows an enrollee to obtain a general educational development (GED) or high school equivalency (HSE) credential while pursuing a career technical education credential.
(4) "Eligible postsecondary educational institution" means any community college, technical college or the institute of technology at Washburn university.
(5) "State agency" means any state office, department, board, commission, institution, bureau or any other state authority.
History: L. 2014, ch. 93, § 63; L. 2016, ch. 74, § 3; L. 2023, ch. 95, § 5; July 1.
The board of control of any area vocational-technical school, as provided for in K.S.A. 74-32,407, upon majority vote of the members thereof, is hereby authorized to pay dues from its operating fund to any association or organization the purpose and function of which is to provide for: (a) Accreditation necessary to enable the area vocational-technical school to fulfill its educational mission; or
(b) the exchange of information and cooperation among area vocational schools or area vocational-technical schools for the strengthening of programs for the benefit of its member area vocational schools and area vocational-technical schools; or
(c) information, education and assistance to boards of control on curriculum or in solving problems peculiar to area vocational school or area vocational-technical school operation.
History: L. 1976, ch. 302, § 1; July 1.
Technical colleges shall be under the general supervision of the state board of regents. All rules and regulations of the state board of regents which relate to supervision of area vocational schools and area vocational-technical schools shall be construed to apply to technical colleges until revised, amended, repealed or nullified by the state board.
History: L. 1994, ch. 246, § 3; L. 1999, ch. 147, § 114; July 1.
TECHNICAL COLLEGES
(a) Except as provided in subsections (d) and (e), all technical colleges shall establish and maintain a plan for a governing board, which shall be separate and independent of any board of education of any school district, to operate, control and manage the technical college. The plan shall include, but not be limited to, provisions relating to:
(1) The composition of the independent governing board;
(2) the territory of the technical college. If the territory of the technical college includes more than one county, the plan shall designate a home county;
(3) the method of election or appointment and the terms of service of the members of the independent governing board;
(4) the date upon which the independent governing board shall assume management and control of the technical college;
(5) the manner, terms upon which and extent to which the facilities will be transferred to the independent governing board and the division of other assets and indebtedness and other liabilities; and
(6) the manner and terms upon which faculty, employees and students will be transferred to the independent governing board. Subject to the provisions of K.S.A. 74-32,466, and amendments thereto, such provisions shall specify terms of employment and address other personnel matters.
(b) On the date determined in the approved plan, the independent governing board established under subsection (a) shall operate subject to the rules, regulations and supervision of the state board of regents in the same manner as other technical colleges. Any amendments to the plan shall be submitted to the state board of regents for approval.
(c) In addition to such other powers expressly granted by law and subject to the provisions of subsection (b), the governing board shall have the power to:
(1) Determine the career technical and general education courses of instruction that will comprise the associate of applied science degree programs of the college;
(2) establish the requirements for satisfactory completion of the associate of applied science degree programs of the college;
(3) confer the associate of applied science degree upon students who successfully complete an associate of applied science degree program of the college and to award a certificate or diploma to students who successfully complete a career technical education program of the college;
(4) appoint teaching staff and fix and determine teacher qualifications, duties and compensation. No teacher appointed to teach courses comprising the associate of applied science degree programs of the college shall be required to meet licensure requirements greater than those required in the state educational institutions;
(5) have custody of, and be responsible for, the property of the college and be responsible for the operation, management and control of the college;
(6) select a chairperson and such other officers as it deems desirable, from its membership;
(7) sue and be sued;
(8) appoint and fix the compensation and term of office of a president or chief administrative officer of the college;
(9) fix and determine, within state adopted standards, all other employees' qualifications, duties, compensation and all other items and conditions of employment;
(10) enter into contracts;
(11) accept any gifts, grants or donations;
(12) acquire and dispose of real or personal property;
(13) enter into lease agreements as lessor of any property owned or controlled by the college;
(14) adopt any rules and regulations, not inconsistent with any law or any rules and regulations of the state board of regents, which are necessary for the administration and operation of the college or for the conduct of business of the governing board;
(15) contract with one or more agencies, either public or private, whether located within or outside the territory of the college or whether located within or outside the state of Kansas, for the conduct by any such agency of academic or career technical education for students of the college and to provide for the payment to any such agency for the contracted educational services from any funds or moneys of the college, including funds or moneys received from student tuition and fees;
(16) appoint as its resident agent for the purpose of service of process, either the president of the technical college or the chairperson of the governing board, or both;
(17) take any other action, not inconsistent with any law or any rules and regulations of the state board of regents, which is necessary or incidental to the establishment, operation and maintenance of the college;
(18) issue bonds for capital improvement projects, enter into bond covenants and take such ancillary action as the governing board approves, relating thereto, except that such bonds shall not be secured by a pledge of any property tax revenues of the technical college;
(19) enter into agreements with counties relating to funding for capital improvement projects at technical colleges;
(20) fix different rates per hour of tuition, fees and charges for the different postsecondary programs administered by such board; and
(21) to acquire by lease-purchase any property, whether real, personal, or mixed, or any interest therein, which is necessary or desirable for technical college purposes. The term of any lease-purchase agreement entered into under authority of this subsection may be for not to exceed 10 years. Such lease-purchase agreement may provide for annual or other payment of rent or rental fees and may obligate the technical college to payment of maintenance or other expenses. Any lease-purchase agreement entered into under authority of this subsection shall be subject to change or termination at any time by the legislature. Any assignment of rights in any lease-purchase made under this subsection shall contain a citation of this section and a recitation that the lease-purchase agreement and assignment thereof are subject to change or termination by the legislature.
(d) Pursuant to K.S.A. 74-32,459(b), and amendments thereto, Wichita state university campus of applied sciences and technology shall be governed by Wichita state university, subject to rules and regulations of the state board of regents.
(e) Pursuant to K.S.A. 2025 Supp. 74-32,469(b), and amendments thereto, Fort Hays state university – northwest Kansas technical college and Fort Hays state university – north central Kansas technical college shall be governed by Fort Hays state university, subject to rules and regulations of the state board of regents.
History: L. 2003, ch. 134, § 2; L. 2004, ch. 185, § 49; L. 2005, ch. 69, § 17; L. 2009, ch. 24, § 22; L. 2011, ch. 97, § 33; L. 2012, ch. 159, § 10; L. 2017, ch. 43, § 2; L. 2023, ch. 26, § 2; July 1.
(a) It is the public policy of the state of Kansas that all contracts entered into by the governing body of a technical college, or any officers or employees thereof acting on behalf of the governing body, provide that the technical college and the governing body thereof shall be responsible solely for the technical college's or board's actions or failure to act under a contract.
(b) The governing body of a technical college and any officers or employees thereof acting on behalf of the governing body shall not have the authority to enter into a contract under which the technical college or the governing body agrees to, or is required to, indemnify or hold harmless against damages, injury or death resulting from the actions or failure to act on the part of any party to a contract other than the governing body or the technical college.
(c) The provisions of any contract entered into in violation of this section shall be contrary to the public policy of the state of Kansas and shall be void and unenforceable.
History: L. 2005, ch. 158, § 7; July 1.
(a) It is the public policy of the state of Kansas that all contracts entered into by the governing body of a technical college, or any officers or employees thereof acting on behalf of the governing body, shall be governed by and interpreted in accordance with the laws of the state of Kansas.
(b) The governing body of a technical college and any of its officers or employees acting on behalf of the governing body shall have no power to enter into a contract which provides that the contract shall be governed by or interpreted in accordance with the laws of a state other than the state of Kansas.
(c) The governing body of a technical college and any officers or employees thereof acting on behalf of the governing body shall have no power, pursuant to a contract, to submit to the jurisdiction of any court other than a court of the state of Kansas.
(d) The provisions of any contract entered into in violation of this section shall be contrary to the public policy of the state of Kansas and shall be void and unenforceable.
History: L. 2005, ch. 158, § 8; July 1.
(a) Except as provided by subsection (c), any contract entered into by the governing body of a technical college or any of its officers or employees acting on behalf of the governing body shall contain the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended.
(b) Except as provided by subsection (c), any contract entered into after the effective date of this act shall be deemed to have incorporated the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended, even if such provisions are not specifically contained in such contract.
(c) The governing body of a technical college may omit any of the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended, upon the affirmative recorded vote of a majority of the members of the governing body. The governing body shall not have the authority to waive or omit from the provisions of any contract the provisions of K.S.A. 74-32,453 or 74-32,454, and amendments thereto.
History: L. 2005, ch. 158, § 9; July 1.
(a) The provisions of all statutes of general application to area vocational schools and area vocational-technical schools shall apply to every technical college that formerly was an area vocational school or an area vocational-technical school. Whenever area vocational schools or area vocational-technical schools are defined, referred to or designated in a statute, such definition, referral or designation shall be deemed to apply to every technical college that formerly was an area vocational school or an area vocational-technical school.
(b) A technical college is authorized to provide career technical education courses or programs to pupils enrolled in a school district.
(c) To the extent that the provisions of this act conflict with any other provision of law, the provisions of this act shall control.
History: L. 1994, ch. 246, § 5; L. 2009, ch. 24, § 23; July 1.
(a) As used in this section, "technical college" means a technical college designated by K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-32,464 or 74-32,465, and amendments thereto.
(b) The governing body of a technical college may change the designation of such technical college by adoption of a resolution. If the designation of a technical college is changed pursuant to this section, whenever the technical college is referred to or designated by or in any contract or other document, such reference or designation shall be deemed to apply to the designation as provided in the resolution. If the designation of a technical college is changed pursuant to this section, whenever any statute refers to a technical college by the designation in K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-32,464 or 74-32,465, as such sections existed prior to July 1, 2009, such reference or designation shall be construed to mean the designation as provided in the resolution.
History: L. 2009, ch. 93, § 2; July 1.
(a) The Wichita area vocational school, also known as the Wichita area vocational-technical school, previously converted to and established by law as Wichita area technical college, shall be officially designated as the Wichita state university campus of applied sciences and technology.
(b) Whenever the Wichita area vocational school, the Wichita area vocational-technical school or Wichita area technical college, is referred to or designated by or in any statute, contract or other document, such reference or designation shall be deemed to apply to the Wichita state university campus of applied sciences and technology.
(c) The designation of Wichita area technical college as Wichita state university campus of applied sciences and technology shall be effective on and after the date the higher learning commission of the north central association of colleges and schools approves the affiliation described in K.S.A. 74-32,459(a), and amendments thereto.
History: L. 1995, ch. 99, § 1; L. 2017, ch. 43, § 3; July 1.
(a) The Wichita area technical college, authorized and designated as a technical college pursuant to K.S.A. 74-32,458, and amendments thereto, with a governing board established pursuant to K.S.A. 74-32,452, and amendments thereto, is hereby affiliated with Wichita state university and the institutional infrastructure of the college is hereby officially designated as the Wichita state university campus of applied sciences and technology. Except as otherwise provided in this section, the Wichita state university campus of applied sciences and technology shall be governed by and operated as a technical college campus within Wichita state university.
(b) The governing board of the Wichita area technical college, established pursuant to K.S.A. 74-32,452, and amendments thereto, shall become the industry advisory board to the president of Wichita state university for the Wichita state university campus of applied sciences and technology, and all the powers and duties established in the governing board of any technical college by law shall be transferred to Wichita state university, subject to the rules and regulations and supervision of the state board of regents. The president of Wichita state university shall appoint the members of the industry advisory board. Advisory board members shall represent an industry sector that corresponds to a program offered by the Wichita state university campus of applied sciences and technology.
(c) The Wichita state university campus of applied sciences and technology shall offer programs that focus on critical areas of regional competitiveness, including credential and degree programs ranging from a general educational development (GED) credential to associate of applied science degrees. The industry advisory board shall:
(1) Review non-credit and credit programs with the president and senior leadership of the campus of applied sciences and technology to ensure such programs are aligned with the current and emerging needs of the industry for an educated and trained workforce; and
(2) provide input relating to changes in each advisory board member's industry sector that affect academic programs.
(d) (1) Except as otherwise provided in this subsection, the following persons admitted by Wichita state university into the campus of applied sciences and technology shall not be subject to the admission requirements set forth in K.S.A. 76-717, and amendments thereto:
(A) Persons admitted as degree-seeking students in career technical education courses or programs terminating with an associate of applied studies degree; and
(B) persons admitted as nondegree-seeking students in career technical education certificate programs.
(2) Persons admitted into the campus of applied sciences and technology who subsequently seek to transfer into another school within Wichita state university, or into a bachelor's, master's, doctorate or non-technical associate degree or certificate program offered at Wichita state university, shall, at the time of such transfer, be subject to the admission requirements set forth in K.S.A. 76-717, and amendments thereto.
(3) Persons admitted by Wichita state university seeking a non-technical certificate, non-technical associate degree or any bachelor's, master's or doctorate degree shall be subject to the admission requirements set forth in K.S.A. 76-717, and amendments thereto.
(e) The Wichita state university campus of applied sciences and technology shall continue to be a technical college and shall be eligible for funding that is available to technical colleges to the extent provided by law. The amounts of such funding are to be determined in the same manner as provided by law for technical colleges.
(f) Whenever the Wichita area technical college, Wichita area vocational school or the Wichita area vocational-technical school, or words of like effect, is referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the Wichita state university campus of applied sciences and technology. Except as otherwise provided in this section, the provisions of all statutes of general application to area vocational schools, area vocational-technical schools and technical colleges shall apply to the Wichita state university campus of applied sciences and technology. Whenever area vocational schools, area vocational-technical schools or technical colleges are defined, referred to or designated in a statute, such definition, referral or designation shall be deemed to apply to the Wichita state university campus of applied sciences and technology.
(g) The affiliation effected by this section shall not affect any contract, agreement or assurance in effect on the effective date of this section.
(h) Subject to authorization by the state board of regents, all personnel of the Wichita area technical college, who are necessary to the operation of the Wichita state university campus of applied sciences and technology, in the opinion of the president of Wichita state university, shall become personnel of Wichita state university. The employment of such personnel shall be deemed uninterrupted.
(i) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or that could have been commenced, by or against the Wichita area technical college, or by or against any personnel of the Wichita area technical college, shall abate by reason of the affiliation effected by this section. Any such suit, action or other proceeding may be allowed to be maintained by or against Wichita state university. No criminal action commenced or that could have been commenced by the Wichita area technical college shall abate by reason of the affiliation effected by this section.
(j) The provisions of this section shall be effective on and after the date the higher learning commission of the north central association of colleges and schools approves the affiliation described in subsection (a).
History: L. 2017, ch. 43, § 1; July 1.
[(a)] The Flint Hills area vocational school, also known as the Flint Hills area vocational-technical school, is authorized to be converted to and established as a technical college and, upon such conversion and establishment as provided by law, shall be officially designated as the Flint Hills technical college.
(b) Whenever the Flint Hills area vocational school, or the Flint Hills area vocational-technical school, is referred to or designated by or in any statute, contract or other document, such reference or designation shall be deemed to apply to the Flint Hills technical college.
History: L. 1995, ch. 100, § 1; July 1.
(a) The north central Kansas area vocational-technical school previously converted to and established by law as north central Kansas technical college shall be officially designated as Fort Hays state university – north central Kansas technical college.
(b) Whenever the north central Kansas area vocational-technical school or north central Kansas technical college is referred to or designated by or in any statute, contract or other document, such reference or designation shall be deemed to apply to Fort Hays state university – north central Kansas technical college.
(c) The designation of north central Kansas technical college as Fort Hays state university – north central Kansas technical college shall be effective upon approval of a formal affiliation agreement that is consistent with K.S.A. 2025 Supp. 74-32,469, and amendments thereto, by the state board of regents and the governing body of north central Kansas technical college and on and after the date the higher learning commission of the north central association of colleges and schools approves the affiliation described in K.S.A. 2025 Supp. 74-32,469(a), and amendments thereto.
History: L. 1996, ch. 36, § 1; L. 2023, ch. 26, § 3; July 1.
(a) The Manhattan area vocational school, known as the Manhattan area technical center, is authorized to be converted to and established as a technical college and, upon such conversion and establishment as provided by law, shall be officially designated as the Manhattan area technical college.
(b) Whenever the Manhattan area vocational school, or the Manhattan area technical center, is referred to or designated by or in any statute, contract or other document, such reference or designation shall be deemed to apply to the Manhattan area technical college.
History: L. 1996, ch. 37, § 1; July 1.
(a) The Northeast Kansas area vocational school, also known as the Northeast Kansas area technical school, is authorized to be converted to and established as a technical college and, upon such conversion and establishment as provided by law, shall be officially designated as the Northeast Kansas technical college.
(b) Whenever the Northeast Kansas area vocational school, or the Northeast Kansas area technical school, is referred to or designated by or in any statute, contract or other document, such reference or designation shall be deemed to apply to the Northeast Kansas technical college.
History: L. 2000, ch. 63, § 1; April 13.
(a) The northwest Kansas area vocational-technical school, also known as the northwest Kansas technical school, previously converted to and established by law as northwest Kansas technical college shall be officially designated as Fort Hays state university – northwest Kansas technical college.
(b) Whenever the northwest Kansas area vocational-technical school, the northwest Kansas technical school, or northwest Kansas technical college is referred to or designated by or in any statute, contract or other document, such reference or designation shall be deemed to apply to Fort Hays state university – northwest Kansas technical college.
(c) The designation of northwest Kansas technical college as Fort Hays state university – northwest Kansas technical college shall be effective upon approval of a formal affiliation agreement that is consistent with K.S.A. 2025 Supp. 74-32,469, and amendments thereto, by the state board of regents and the governing body of northwest Kansas technical college and on and after the date the higher learning commission of the north central association of colleges and schools approves the affiliation described in K.S.A. 2025 Supp. 74-32,469(a), and amendments thereto.
History: L. 2001, ch. 10, § 1; L. 2023, ch. 26, § 4; July 1.
(a) The Salina area technical school is authorized to be converted to and established as a technical college and, upon such conversion and establishment as provided by law, shall be officially designated as the Salina area technical college.
(b) Whenever the Salina area technical school is referred to or designated by or in any statute, contract or other document, such reference or designation shall be deemed to apply to the Salina area technical college.
History: L. 2008, ch. 119, § 8; July 1.
(a) Any faculty member or employee of a school district whose employment is transferred to a technical college pursuant to K.S.A. 74-32,452, and amendments thereto, shall retain all accrued sick leave, vacation leave and personal leave accrued at the time of such transfer.
(b) Any faculty member or employee of a school district whose employment is transferred to a technical college pursuant to K.S.A. 74-32,452, and amendments thereto, shall remain eligible for any early retirement incentive program or benefits as if no transfer had occurred.
(c) Any faculty member or employee of a school district whose employment is transferred to a technical college pursuant to K.S.A. 74-32,452, and amendments thereto, shall retain salary as if no transfer had occurred.
(d) Any faculty member or employee of a school district whose employment is transferred to a technical college pursuant to K.S.A. 74-32,452, and amendments thereto, shall retain earned due process protections and rights as if no transfer had occurred.
History: L. 2003, ch. 134, § 3; July 1.
(a) On or before July 1, 2008, the governing bodies of the northeast Kansas technical college, Kansas City area technical school, Kaw area technical school, Salina area technical school and southwest Kansas technical school shall submit to the state board of regents a plan to merge or affiliate with a postsecondary educational institution or become an accredited technical college with an independent governing board.
(b) As used in this section:
(1) "Postsecondary educational institution" means a technical college, community college, municipal university or a state educational institution.
(2) "Technical college," "community college," "municipal university" and "state educational institution" have the meanings ascribed thereto by K.S.A. 74-3201b, and amendments thereto.
History: L. 2007, ch. 199, § 5; May 24.
(a) In each fiscal year, commencing with the 2012 fiscal year, each technical college, as defined in K.S.A. 71-1802, and amendments thereto, is eligible for a grant from the state general fund, in an amount to be determined by the state board of regents, for non-tiered course credit hours, as defined in K.S.A. 71-1802, and amendments thereto, approved by the state board and delivered by the technical college. The method of distribution of such funds shall be established by the state board after dialogue with the technical college presidents.
(b) No amount of grant under this section shall be based upon any credit hour for which the technical college is receiving or is eligible to receive postsecondary tiered technical education state aid in accordance with K.S.A. 71-1803, and amendments thereto. Only the credit hours of students who are residents of the state of Kansas enrolled in courses for postsecondary credit shall be considered for funding.
(c) The state board of regents shall identify and approve core indicators of quality performance for technical colleges and shall establish and implement a data management system that includes a process and format for collecting, aggregating and reporting common and institution-specific information documenting effectiveness of the colleges in meeting the role and mission thereof.
(d) One-half of the distribution of the appropriation for grants under this section to technical colleges eligible for such grants shall be made on August 1, and the remaining one-half shall be made on January 1 of each fiscal year, or as soon thereafter as possible. The state board shall certify, on or before July 20 and December 20 of each fiscal year, to the director of accounts and reports the amount due on August 1 or January 1, as the case may be, to each technical college eligible for a grant, and the director of accounts and reports shall draw a warrant upon the state treasurer in favor of the technical college for such amount. Upon receipt of the warrant, the treasurer of the technical college shall credit the amount of the warrant to the general fund of the technical college.
History: L. 1999, ch. 147, § 77; L. 2011, ch. 97, § 34; July 1.
(a) Northwest Kansas technical college and north central Kansas technical college, authorized and designated as technical colleges pursuant to K.S.A. 74-32,464 and 74-32,461, and amendments thereto, respectively, with governing boards established pursuant to K.S.A. 74-32,452, and amendments thereto, are hereby affiliated with Fort Hays state university. The institutional infrastructures of these technical colleges are hereby officially designated as Fort Hays state university – northwest Kansas technical college and Fort Hays state university – north central Kansas technical college and shall be governed by and operated as technical colleges within Fort Hays state university.
(b) The governing bodies of northwest Kansas technical college and north central Kansas technical college shall become industry or regional advisory boards to the president of Fort Hays state university for Fort Hays state university – northwest Kansas technical college and Fort Hays state university – north central Kansas technical college. All of the powers and duties established in the governing body of such technical college by law shall be transferred to Fort Hays state university, subject to the rules and regulations and supervision of the state board of regents. The president of Fort Hays state university shall appoint the members of the industry or regional advisory boards. The members of the advisory boards shall represent industry sectors or regions that correspond to the programs offered by Fort Hays state university – northwest Kansas technical college and Fort Hays state university – north central Kansas technical college.
(c) Fort Hays state university – northwest Kansas technical college and Fort Hays state university – north central Kansas technical college shall offer programs approved by Fort Hays state university, including credential and degree programs that technical colleges are authorized by law to award. The industry or regional advisory boards shall:
(1) Review non-credit and credit programs with the president and senior leadership of Fort Hays state university, Fort Hays state university – northwest Kansas technical college and Fort Hays state university – north central Kansas technical college to ensure such programs are aligned with current and emerging needs of industry and the community for an educated and trained workforce;
(2) provide input relating to changes in each advisory board member's industry sector or region that affect academic programs;
(3) perform any operational responsibilities or duties specified in the formal affiliation agreement referenced in subsection (j); and
(4) perform such other responsibilities as requested by the president of Fort Hays state university.
(d) Nothing in this section shall be construed as altering any admission requirements applicable to the respective educational institutions, and each affiliating institution shall continue to be subject to any applicable admission requirements imposed by law. Fort Hays state university shall not admit degree-seeking first-time freshmen or transfer students to university programs who do not meet the applicable qualified admission standards.
(e) Fort Hays state university – northwest Kansas technical college and Fort Hays state university – north central Kansas technical college shall continue to be technical colleges and shall be eligible for funding that is available to technical colleges to the extent provided by law. The amounts of such funding are to be determined in the same manner as provided by law for technical colleges.
(f) Whenever northwest Kansas technical college, northwest Kansas technical school, northwest Kansas area vocational-technical school or northwest tech, or words of like effect, is referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to Fort Hays state university – northwest Kansas technical college. Whenever north central Kansas technical college, north central Kansas area vocational-technical school or NCK tech, or words of like effect, is referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to Fort Hays state university – north central Kansas technical college. Except as otherwise provided in this section, the provisions of all statutes of general application to area vocational schools, area vocational technical schools or technical colleges shall apply to Fort Hays state university – northwest Kansas technical college and Fort Hays state university – north central Kansas technical college. Whenever area vocational schools, area vocational-technical schools or technical colleges are defined, referred to or designated in a statute, such definition, referral or designation shall be deemed to apply to Fort Hays state university – northwest Kansas technical college and Fort Hays state university – north central Kansas technical college.
(g) The formal affiliation agreement between northwest Kansas technical college, north central Kansas technical college and Fort Hays state university shall include provisions relating to the manner and terms upon which faculty, employees and students may be transferred to Fort Hays state university. Such provisions shall specify terms of employment and include other personnel matters. Subject to the authorization of the state board of regents, all personnel of northwest Kansas technical college and north central Kansas technical college who are necessary to the operation of Fort Hays state university – northwest Kansas technical college and Fort Hays state university – north central Kansas technical college, in accordance with the needs of Fort Hays state university, may become personnel of Fort Hays state university. The employment of such personnel shall be deemed uninterrupted.
(h) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or that could have been commenced, by or against northwest Kansas technical college or north central Kansas technical college prior to affiliation, or by or against any personnel of such technical colleges, shall abate by reason of such affiliation. Any such suit, action or other proceeding may be allowed to be maintained by or against Fort Hays state university – northwest Kansas technical college or Fort Hays state university – north central Kansas technical college, as the case may be. No criminal action commenced or that could have been commenced by northwest Kansas technical college or north central Kansas technical college prior to affiliation shall abate by reason of such affiliation.
(i) The affiliation provided for by this section shall not affect any contract, agreement or assurance in effect on the effective date of this section.
(j) The provisions of this section shall be effective upon approval of a formal affiliation agreement that is consistent with these provisions by the state board of regents and the governing bodies of northwest Kansas technical college and north central Kansas technical college and on and after the date the higher learning commission of the north central association of colleges and schools approves the affiliation described in subsection (a). If only one of the governing bodies of the technical colleges provides approval of a formal affiliation agreement as set forth herein, the provisions of this section shall still be considered effective as to the affiliation between Fort Hays state university and the technical college whose governing body provided approval of the formal affiliation agreement.
History: L. 2023, ch. 26, § 1; July 1.
(a) There is hereby established in the state treasury the Kansas technical college operating grant fund, which shall be administered by the state board of regents. All expenditures from the Kansas technical college operating grant fund shall be for instruction and operations to meet target objectives established by the postsecondary technical education authority for each technical college's region and the entire state. All expenditures from the Kansas technical college operating grant fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer of the state board of regents or the executive officer's designee.
(b) As used in this section, "technical college" means the same as defined in K.S.A. 71-1802, and amendments thereto, and the Washburn institute of technology.
History: L. 2025, ch. 50, § 1; April 17.
History: L. 1927, ch. 221, § 4; L. 1939, ch. 290, § 1; L. 1961, ch. 389, § 1; L. 1967, ch. 434, § 35; L. 1974, ch. 348, § 64; L. 1982, ch. 347, § 40; L. 1988, ch. 356, § 289; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1978, ch. 317, § 1; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Section transferred to 32-808.
History: L. 1939, ch. 290, § 3; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1939, ch. 290, § 4; L. 1985, ch. 250, § 2; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1911, ch. 198, § 4; R.S. 1923, 75-1603; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1927, ch. 221, § 6; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Section transferred to 32-990.
History: L. 1927, ch. 221, § 12; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1927, ch. 221, § 13; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1927, ch. 221, § 14; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Section transferred to 32-827.
Revisor's Note: Sections transferred to 32-842, 32-843.
History: L. 1933, ch. 107, §§ 1 to 5 (Special Session); Repealed, L. 1951, ch. 434, § 1; June 30.
Revisor's Note: Section transferred to 32-828.
Revisor's Note: Sections transferred to 32-850 through 32-854.
The forestry, fish and game commission is hereby authorized and directed to convey to the city of Oberlin, Kansas, the real estate situated in the northeast quarter (NE ¼) of section twenty-six (26), township two (2) south, range twenty-nine (29), west of the sixth principal meridian in Decatur county, Kansas, more particularly described in the deeds dated July 29, 1933, and November 27, 1934, and recorded in book 55, page 593 and book 56, page 121, respectively, in the office of the register of deeds in Decatur county, Kansas. Notwithstanding any prior limitation or condition upon such conveyance, the city of Oberlin is hereby authorized to sell and convey such real estate and the proceeds thereof shall be placed in a special fund and shall be used only for the purpose of making improvements upon property of the city used for public recreational purposes.
History: L. 1959, ch. 322, § 1; L. 1967, ch. 423, § 1; July 1.
The forestry, fish and game commission is hereby authorized and directed to convey to the city of Ulysses, Kansas, the following described parcels or tracts of land located in Grant county, Kansas, to wit:
Part of the southeast quarter (¼) of section 34, township 28 south, range 37 west of the sixth principal meridian.
Beginning at the corner common to sections 34 and 35, township 28 south, range 37 west and sections 2 and 3, township 29 south, range 37 west; thence north on the line between sections 34 and 35 eleven hundred fifty (1,150) feet; thence west nine hundred sixty (960) feet along existing fenceline; thence south eleven hundred fifty (1,150) feet along existing fenceline; thence east nine hundred sixty (960) feet more or less along a line between said sections 3 and 34 to the point of beginning and containing 25 acres more or less;
Also the south one thousand two hundred forty (1,240) feet and the east eight hundred forty (840) feet of the north one thousand four hundred (1,400) feet of the southwest quarter (¼) of section 35, township 28 south, range 37 west of the sixth principal meridian and containing 102 acres more or less;
Also part of the southeast quarter (¼) of section 35, township 28 south, range 37 west of the sixth principal meridian.
Beginning at the south quarter (¼) corner of said section 35; thence east on the line between said sections 35 and 2, township 29 south, range 37 west, one thousand six hundred twenty-two (1,622) feet; thence north eight hundred fifty (850) feet; thence north 30 degrees west one thousand four hundred twenty (1,420) feet; thence west four hundred thirty (430) feet; thence north five hundred sixty (560) feet more or less to the east-west quarter (¼) section line in said section 35, thence west four hundred eighty-five (485) feet to the center quarter (¼) corner of said section 35; thence south on the north-south quarter (¼) section line in said section 35 to the point of beginning and containing 74.0 acres more or less;
Also part of the northeast quarter (¼) of section 2, township 29 south, range 37 west of the sixth principal meridian.
Beginning at a point on the line between said sections 2 and 35, township 28 south, range 37 west, one thousand nine hundred seventy-seven (1,977) feet west of the corner common to sections 35 and 36, township 28 south, range 37 west and sections 1 and 2, township 29 south, range 37 west; thence west on the line between said sections 2 and 35 six hundred sixty (660) feet more or less to the north quarter (¼) section corner of said section 2; thence south on the north-south quarter (¼) section line six hundred sixty (660) feet; thence east six hundred sixty (660) feet more or less; thence north six hundred sixty (660) feet to the point of beginning and containing 10 acres more or less;
Also part of the northwest quarter (¼) of section 2, township 29 south, range 37 west of the sixth principal meridian.
Beginning at the north quarter (¼) corner of said section; thence west on the line between said sections 2 and 35, township 28 south, range 37 west, one thousand one hundred twenty-five (1,125) feet; thence south 40 degrees east eight hundred fifty (850) feet; thence east five hundred ninety (590) feet more or less to a point on the north-south quarter (¼) section line; thence north six hundred sixty (660) feet on said quarter (¼) section line to the point of beginning and containing 13 acres more or less.
Said conveyance to provide that in the event the real estate so conveyed is not used for public recreational purposes, the title thereto shall revert to the state of Kansas.
History: L. 1959, ch. 323, § 1; June 30.
Revisor's Note: Section transferred to 32-829.
The state forestry, fish and game commission is hereby authorized and directed to convey to the city of Garden City, Kansas, an easement in lots three (3), four (4), five (5), and six (6) and the north half of the southwest quarter (N ½ SW ¼) and the northwest quarter of the southeast quarter (NW ¼ SE ¼) of section twenty-four (24), township twenty-four (24) south, range thirty-three (33) west, Finney county, Kansas, for the purpose of installing, operating and maintaining wells and other appurtenant works and facilities to supply water for municipal use: Provided, however, That the commission reserve the right to use any water on or under the area for any and all needs of the state and the commission.
History: L. 1963, ch. 406, § 1; April 26.
(a) The state forestry, fish and game commission is hereby empowered and directed to convey by quitclaim deed, without consideration, to the city of Oberlin, Kansas, all of the following described real estate located in Decatur county, Kansas, to wit:
All that part of the E
1/2 SE 1/4 Sec. 31 and all that part of the W
1/2 W 1/2 SW 1/4 Sec. 32, Twp. 2, South, Range 28, West 6th P.M. lying North of the C.B.&Q. Railroad Right-of-Way. Containing 112 acres more or less.
The SW 1/4 NW 1/4 Sec. 32, Twp. 2 South, Range 28 West 6th P.M. Also a tract of land out of the SW 1/4 NE 1/4 Sec. 31, Twp. 2 South, Range 28 West 6th P.M. more particularly described as follows: Beginning at the southeast corner of the SW1/4 NE 1/4 of said Sec. 31, thence north parallel with the East line of Sec. 31, 405 feet, thence in a southwesterly direction 114°13′ a distance of 1003 feet to intersect the south line of said NE
1/4, this point being 396 feet east of the southwest corner of the NE
1/4, thence east along the south line of the NE
1/4 924 feet to place of beginning.
The E
1/2 NE 1/4 Sec. 31, Twp. 2 South, Range 28 West 6th P.M. except a tract of land described as follows: Beginning at a point 1072.5 feet west of the Northeast corner of the NE 1/4 thence south parallel with the East line of the NE 1/4 1485 feet, thence West at right angles 247.5 feet, thence north parallel with the east line of said NE 1/4 1485 feet, thence East at right angles and along the north line of said NE 1/4 247.5 feet to place of beginning; total acreage conveyed 116.1 acres more or less.
A tract of land out of the NW 1/4 SE 1/4 Sec. 31, Twp. 2 South, Range 28 West 6th P.M. more particularly described as follows: Commencing at the Northeast corner of the NW 1/4 SE 1/4 Sec. 31, Twp. 2 South, Range 28, West 6th P.M., thence west along the north line of said NW 1/ 4 SE 1/4 56 rods; thence south at right angles 70 rods, thence east at right angles 56 rods, thence north along the East line of said NW
1/4 SE 1/4 70 rods to the place of beginning, containing about 24 1/2 acres more or less.
A tract of land out of the NW 1/4 SE 1/4 Sec. 31, Twp. 2 South, Range 28 West 6th P.M. more particularly described as follows: Beginning at the Northwest corner of the SE 1/4 of said Sec. 31, thence East along said half section line 24 rods, thence south at right angles 70 rods, thence West at right angles and parallel with the North line of said SE 1/4 24 rods, thence North along the half section line 70 rods to place of beginning. Containing 10.5 acres more or less.
NW 1/4 NW 1/4; E
1/2 NW 1/4; W 1/2 W 1/2 NE 1/4 Sec. 32, Twp. 2, Range 28, West of the 6th P.M.
A tract of land described as follows: Beginning at the Southwest corner of the SW 1/4 of Sec. 29, Twp. 2 South, Range 28 West 6th P.M. thence North along and upon the West line of said SW 1/4 95 feet, thence East at right angles and parallel with the South line of said SW 1/4 575 feet, thence in a northeasterly direction at an angle of 27°15′ left 490 feet, thence North at an angle of 29°15′ left 639 feet, thence East at an angle of 46°30′ right 1288 feet to the East line of said SW 1/4, thence South along and upon the East line of said SW 1/4 855 feet to the Southeast corner of the SW 1/4; thence West along and upon the South line of said SW 1/4 2640 feet to place of beginning.
A tract of land out of the SE 1/4 Sec. 29, Twp. 2 South, Range 28, West 6th P.M. more particularly described as follows: Beginning at the Southwest corner of the SE 1/4 of Sec. 29, in Twp. 2, Range 28, West 6th P.M. thence North along the half section line 855 feet, thence East at right angle and parallel with South line of said Section 1019 feet, thence South at right angle and parallel with East line of said Section 855 feet, thence West along the South line of said section 1019 feet to place of beginning, containing 20 acres more or less.
A tract of land out of the NE 1/4 of Sec. 32, Twp. 2, Range 28 West of the 6th P.M. described as follows: Beginning at a point 1224.7 feet north of the southeast corner of the W 1/2 W 1/2 NE 1/4 of said Sec. 32, thence northeasterly at an angle of 59°23′ right, 170.6 feet, thence north at an angle of 61°54′ left, 123.3 feet, thence northwesterly at an angle of 25°48′ left, 298.5 feet, to the east line of the W 1/2 W 1/2 NE 1/4 of said Sec. 32, thence south 473.9 feet, along said line to point of beginning. Containing .98 acre more or less.
(b) The instruments of conveyance of such real estate authorized by this act shall be executed in the name of the state forestry, fish and game commission by its chairman and secretary.
(c) The secretary of wildlife and parks shall convey by quitclaim deed, without consideration, any title or interest of the Kansas department of wildlife and parks in the property described in subsection (a).
History: L. 1969, ch. 373, § 1; L. 1975, ch. 402, § 1; L. 1998, ch. 127, § 7; L. 2012, ch. 47, § 93; L. 2023, ch. 7, § 119; July 1.
Revisor's Note: Section transferred to 32-994.
History: L. 1931, ch. 283, § 1; L. 1974, ch. 348, § 65; Repealed, L. 1977, ch. 214, § 11; July 1.
History: L. 1931, ch. 283, § 2; Repealed, L. 1977, ch. 214, § 11; July 1.
Revisor's Note: Sections transferred to 65-5a08 through 65-5a15.
History: L. 1931, ch. 284, §§ 3 to 12; Repealed, L. 1947, ch. 401, § 26; June 30.
History: L. 1931, ch. 284, § 13; Repealed, L. 1943, ch. 269, § 28; June 30.
History: L. 1931, ch. 284, §§ 14 to 16, 18 to 20; Repealed, L. 1947, ch. 401, § 26; June 30.
History: L. 1939, ch. 292, § 1; L. 1945, ch. 308, § 1; Repealed, L. 1963, ch. 407, § 11; April 19.
History: L. 1939, ch. 292, §§ 2 to 8; Repealed, L. 1963, ch. 407, § 11; April 19.
History: L. 1939, ch. 292, § 11; Repealed, L. 1963, ch. 407, § 11; April 19.
History: L. 1947, ch. 17, §§ 1, 2; Repealed, L. 1963, ch. 407, § 11; April 19.
Revisor's Note: Section transferred to 74-5008 (now repealed).
Revisor's Note: Section transferred to 74-5009.
History: L. 1961, ch. 404, § 3; Repealed, L. 1963, ch. 407, § 11; April 19.
History: L. 1939, ch. 293, § 1; Repealed, L. 1976, ch. 370, § 104; July 1.
History: L. 1939, ch. 293, § 2; L. 1968, ch. 15, § 1; L. 1974, ch. 329, § 1; L. 1975, ch. 427, § 238; Repealed, L. 1976, ch. 370, § 104; July 1.
History: L. 1968, ch. 15, § 2; Repealed, L. 1974, ch. 329, § 2; July 1.
History: L. 1939, ch. 293, § 3; Repealed, L. 1976, ch. 370, § 104; July 1.
Revisor's Note: Section transferred to 75-5740.
History: L. 1939, ch. 293, § 5; L. 1951, ch. 439, § 1; Repealed, L. 1976, ch. 370, § 104; July 1.
History: L. 1939, ch. 293, § 6; Repealed, L. 1976, ch. 370, § 104; July 1.
History: L. 1939, ch. 198, § 5; L. 1941, ch. 247, § 1; L. 1965, ch. 273, § 1; L. 1967, ch. 434, § 36; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 6; L. 1965, ch. 273, § 2; L. 1967, ch. 240, § 3; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 7; L. 1941, ch. 247, § 2; L. 1957, ch. 442, § 8; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 8; L. 1949, ch. 415, § 1; L. 1961, ch. 226, § 3; L. 1973, ch. 309, § 36; L. 1974, ch. 348, § 66; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 9; L. 1941, ch. 345, § 1; L. 1943, ch. 274, § 2; L. 1947, ch. 416, § 6; L. 1949, ch. 416, § 1; L. 1953, ch. 363, § 5; L. 1961, ch. 409, § 5; L. 1967, ch. 240, § 4; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 10; L. 1941, ch. 345, § 2; L. 1943, ch. 277, § 8; L. 1955, ch. 235, § 11; L. 1967, ch. 240, § 5; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 12; L. 1956, ch. 52, § 25; L. 1957, ch. 431, § 21; L. 1963, ch. 398, § 28; L. 1973, ch. 309, § 37; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 13; Repealed, L. 1973, ch. 309, § 46; July 1.
History: L. 1939, ch. 198, § 14; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, §§ 17, 18; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1965, ch. 273, § 5; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1965, ch. 273, § 7; Repealed, L. 1975, ch. 314, § 21; July 1.
(a) There is hereby created a board of three members to be appointed by the governor, which shall be known as the abstracters' board of examiners. This board shall consist of individuals who are at the time of their appointment and have for five years immediately prior thereto actively engaged in the business of making abstracts to real-estate titles in the state of Kansas in the county of which they are a resident, which board shall at all times consist of one member who is a resident of a county having a population of less than 9,000 persons; one member who is a resident of a county having a population of more than 9,000 persons and not more than 17,000 persons, and one member who is a resident of a county having a population of more than 17,000 persons.
(b) Upon the expiration of the term of office of any member, the governor shall appoint a successor for a term of three years; vacancies on the board caused by death, resignation or otherwise, shall be filled for the unexpired term by appointment by the governor. The board shall organize annually by electing a chairperson. It may adopt such rules and regulations as it shall deem necessary for the proper administration of its powers and duties and the carrying out of the purposes of this act. The board shall have a seal and shall have power to compel the attendance of witnesses; the chairperson or any member of said board shall have the power to administer oaths.
(c) Members of the abstracters' board of examiners attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223.
(d) The board may appoint an executive secretary who shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the board and approved by the governor.
History: L. 1941, ch. 348, § 1; L. 1965, ch. 442, § 1; L. 1973, ch. 316, § 1; L. 1974, ch. 348, § 67; L. 1978, ch. 308, § 65; L. 1981, ch. 299, § 58; July 1.
The board shall have authority to, and any district court may, upon application of such board, issue an order to compel the attendance and testimony of witnesses at any hearing before such board and compelling the production of books, papers, records or other evidence. Witnesses subpoenaed by the board shall receive the same fees and mileage allowed witnesses in the district court and the same shall be paid as other expenses incurred under this act.
History: L. 1941, ch. 348, § 9; June 30.
The abstracters' board of examiners shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the abstracters' fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the board or by a person or persons designated by [the] chairperson.
History: L. 1941, ch. 348, § 10; L. 1956, ch. 52, § 26; L. 1957, ch. 431, § 22; L. 1963, ch. 398, § 29; L. 1973, ch. 309, § 38; L. 2001, ch. 5, § 320; L. 2011, ch. 53, § 48; July 1.
There is hereby created a Kansas animal health board. On and after July 1, 2004, such board shall consist of nine members and all members shall be appointed by the governor. On and after July 1, 2004, the governor shall appoint five members to comply with the provisions of this act. The two current members of the board for whom their term of office expires on July 1, 2005, and the two current members of the board for whom their term of office expires on July 1, 2006, shall serve their terms of office as provided by law. The members appointed shall represent the major species or phases of the livestock industry and one member shall be a licensed dog or cat breeder, one member shall be a licensed veterinarian, one member shall represent auction markets, one member shall represent the swine industry, one member shall represent the dairy cattle industry and three members shall represent the beef cattle industry. Members of the board shall be appointed for a term of three years, except that, the the five members appointed to comply with the provisions of this act shall be appointed for terms as follows: One member for a term ending July 1, 2005; one member for a term ending July 1, 2006; and three members for terms ending July 1, 2007. Whenever a vacancy occurs on the board, by reason of the expiration of a member's term of office, the governor shall appoint a successor of like qualifications in the manner and for the term of office prescribed in this section. In case of a vacancy occurring on the board before the expiration of a member's term, the governor shall appoint a successor of like qualifications for the remainder of the unexpired term. Members of the board holding office at the time this act takes effect shall continue in office until their successors are appointed and qualified.
History: L. 1943, ch. 200, § 1; L. 1961, ch. 390, § 1; L. 1969, ch. 258, § 1; L. 2004, ch. 116, § 4; July 1.
The members of the Kansas animal health board shall choose their own chairman, who shall serve for a term of one year. Such board shall meet at least once in each quarter. Meetings may be called and held at the discretion of the chairman, and meetings shall be called by the chairman upon written request of a majority of the members of such board. Members of the Kansas animal health board attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. Amounts paid under this section shall be paid from appropriations to the animal health commissioner upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the commissioner.
History: L. 1943, ch. 200, § 2; L. 1967, ch. 413, § 3; L. 1969, ch. 258, § 2; L. 1974, ch. 348, § 68; L. 2012, ch. 140, § 113; July 1.
It shall be the duty of the Kansas animal health board to serve in an advisory capacity to the animal health commissioner. It shall aid the commissioner in determining policies and plans relating to the commissioner's office.
History: L. 1943, ch. 200, § 3; L. 1969, ch. 258, § 3; L. 2012, ch. 140, § 114; July 1.
History: L. 1943, ch. 207, §§ 1 to 4; Repealed, L. 1947, ch. 402, § 8; March 31.
History: L. 1947, ch. 402, §§ 1 to 4; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1947, ch. 404, §§ 1 to 4; Repealed, L. 1953, ch. 375, § 95; July 1.
(a) The Kansas real estate commission shall consist of five members appointed by the governor. Subject to the provisions of K.S.A. 1992 Supp. 75-4315c, one member shall be appointed from each congressional district and the remainder from the state at large. Each member shall have been, for a period of five years immediately preceding the member's appointment, a citizen and a resident of Kansas. Not less than three members shall have been real estate brokers for five years and not less than one member shall have never engaged in business as real estate brokers and shall not be so engaged while serving on the commission.
(b) At the expiration of the term of any member of the commission, the governor shall appoint a successor for a term of four years and until a successor is appointed and qualifies. In the event of a vacancy in the membership of the commission, the governor shall appoint a member to serve for the unexpired portion of the vacated term and until a successor is appointed and qualifies. Each member of the commission shall, before entering upon the member's duties, take and file with the commission an oath to faithfully perform the duties of the office.
History: L. 1947, ch. 411, § 6; L. 1959, ch. 260, § 5; L. 1961, ch. 391, § 1; L. 1978, ch. 308, § 66; L. 1980, ch. 164, § 41; L. 1981, ch. 304, § 9; L. 1992, ch. 262, § 12; July 1.
(a) At the first meeting of the commission after January 1 of each year, or as required thereafter, the members shall elect a chairperson and a vice-chairperson from its membership. The members elected shall serve for a term of one year or the remainder of the term, as the case may be. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. A majority of the members of the commission shall constitute a quorum for the exercise of the powers or authority conferred upon it.
(b) The commission shall receive applications for, and issue licenses to, brokers and salespersons, as provided in the real estate brokers' and salespersons' license act and shall administer the provisions of this act and the brokerage relationships in real estate transactions act. The commission may do all things necessary and convenient for carrying into effect the provisions of the acts and may adopt rules and regulations consistent with the acts. For the purpose of the acts, the commission shall make all necessary investigations, and every licensee shall furnish to the commission such evidence as the licensee may have as to any violation the acts or any rules and regulations adopted under the acts. The commission may enforce any order by an action in the district court of the county where the alleged violator resides or where the violation allegedly occurred.
(c) Each member of the commission shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(d) The commission shall hold meetings and hearings in the city of Topeka or at such places as it shall determine at such times as it may designate and on request of two or more of its members.
(e) The commission shall maintain an office in the city of Topeka.
History: L. 1947, ch. 411, § 7; L. 1970, ch. 223, § 2; L. 1974, ch. 348, § 69; L. 1980, ch. 164, § 42; L. 1995, ch. 252, § 24; L. 1996, ch. 212, § 11; Revived, L. 1997, ch. 65, § 45; L. 1997, ch. 65, § 46; L. 2008, ch. 155, § 9; L. 2019, ch. 23, § 10; July 1.
(a) The commission shall employ a director, who shall keep a record of all proceedings, hearings, meetings, communications and official acts of the commission, and perform such other duties as the commission may require. The director shall call a meeting of the commission upon written request of two (2) or more of its members.
(b) The commission may employ such other employees as may be necessary, fix salaries of all its employees, and make such other expenditures as are necessary to properly carry out the provisions of this act.
History: L. 1947, ch. 411, § 8; L. 1980, ch. 164, § 43; July 1.
History: L. 1947, ch. 411, § 24; Repealed, L. 1967, ch. 434, § 69; July 1.
History: L. 1947, ch. 411, § 9; Repealed, L. 1980, ch. 164, § 47; July 1.
The attorney general shall render opinions to the commission on all questions of law relating to the interpretation of this act or arising in the administration thereof and shall act as attorney for the commission in all actions and proceedings brought by or against the commission under or pursuant to any of the provisions of this act. The commission may hire independent counsel when the commission deems appropriate. Except as provided by K.S.A. 58-3070 and amendments thereto, all fees and expenses of such independent counsel arising out of the performance of duties for the commission shall be paid out of the real estate fee fund.
History: L. 1947, ch. 411, § 28; L. 1980, ch. 164, § 44; L. 1986, ch. 210, § 8; July 1.
History: L. 1947, ch. 411, § 10; Repealed, L. 1980, ch. 164, § 47; July 1.
History: L. 1947, ch. 411, § 11; L. 1959, ch. 260, § 6; Repealed, L. 1980, ch. 164, § 47; July 1.
History: L. 1996, ch. 212, § 2; Repealed, L. 1997, ch. 65, § 47; July 1.
History: L. 1951, ch. 118, § 1; L. 1968, ch. 208, § 11; L. 1969, ch. 250, § 4; L. 1970, ch. 315, § 1; L. 1972, ch. 342, § 84; L. 1973, ch. 211, § 14; Repealed, L. 1975, ch. 403, § 2; July 1.
The director of vehicles is authorized and empowered to engage in any conference with officials of any and all other states that in the director's judgment would be in the best interest of the state of Kansas and the citizens thereof, and said director is hereby empowered to enter into such interstate contracts and agreements and declarations as he or she may deem proper and expedient, fair and equitable to this state or the citizens thereof, with the proper authorities of (or addressed to) adjoining states, or any or all of the states, regulating the use of vehicles on the highways of this state, belonging to and owned or operated on such highways by citizens of such other states, in consideration of the granting or extending by such other state to this state or to the citizens thereof, a like privilege while operating a vehicle in such other state. The director of vehicles is likewise empowered and authorized to confer, advise with, and enter into such interstate contracts and agreements and make such declarations as he or she may deem proper, expedient, fair and equitable to this state or the citizens thereof with legislative bodies, commissions, boards or officials duly authorized and empowered by the law of any other state, or addressed to any other state in the case of declarations, with the view of promoting and establishing such fair, just and equitable interstate agreements, arrangements or declarations for the licensing, movement, taxing, registration, regulation and fees to be charged therefor of vehicles licensed in this state and operated on the highways of some other state, and those owned and licensed in some other state and operated on the highways of this state.
If another state has a law or statute which contains a reciprocal interstate provision for the benefit of this state, or vehicles or owners of vehicles licensed in this state, then the director of vehicles, if he or she be of the opinion that it would be beneficial to this state or the citizens thereof, is authorized to issue a declaration of interstate reciprocity or proportional licensing upon terms specified by the director, and to notify the proper authority of such other state thereof. No interstate contract, agreement or declaration made under authority of this act shall be valid unless approved by the governor of this state. A copy of all agreements, arrangements and declarations made by the director of vehicles shall be filed with the revisor of statutes. Any agreement, arrangement or declaration entered into or issued under authority of this act may specify either residence or base as a determining factor for rights or privileges granted, or may specify any other factor or combination of factors for making such determination.
History: L. 1951, ch. 118, § 2; L. 1968, ch. 180, § 3; L. 1970, ch. 315, § 2; L. 1975, ch. 403, § 1; July 1.
History: L. 1968, ch. 180, § 5; Repealed, L. 1970, ch. 315, § 4; March 14.
History: L. 1955, ch. 353, §§ 1, 2; Repealed, L. 1970, ch. 315, § 4; March 14.
As used in this act "state" means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country and a state or province of a foreign country and shall have the same meaning in other statutes of this state relating to interstate relations for licensing of vehicles.
History: L. 1970, ch. 315, § 3; March 14.
History: L. 1953, ch. 370, §§ 1 to 11; Repealed, L. 1972, ch. 241, § 59; July 1.
History: L. 1953, ch. 370, §§ 12, 13; L. 1965, ch. 443, §§ 1, 2; Repealed, L. 1972, ch. 241, § 59; July 1.
Revisor's Note: Section transferred to 32-702.
Revisor's Note: Section transferred to 32-837.
History: L. 1965, ch. 355, § 2; L. 1963, ch. 409, § 1; L. 1969, ch. 374, § 2; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1955, ch. 355, § 3; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1955, ch. 355, § 4; L. 1963, ch. 407, § 9; L. 1975, ch. 427, § 239; L. 1981, ch. 305, § 2; L. 1982, ch. 347, § 41; L. 1988, ch. 356, § 290; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1955, ch. 355, § 5; L. 1967, ch. 434, § 37; L. 1973, ch. 318, § 1; L. 1974, ch. 348, § 70; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1955, ch. 355, § 6; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1955, ch. 355, § 7; L. 1969, ch. 374, § 3; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1955, ch. 355, § 8; L. 1963, ch. 409, § 2; L. 1967, ch. 434, § 38; L. 1977, ch. 270, § 1; L. 1978, ch. 332, § 31; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1955, ch. 355, § 9; L. 1963, ch. 409, § 3; L. 1969, ch. 374, § 4; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1965, ch. 444, § 2; L. 1966, ch. 39, § 1 (Budget Session); L. 1972, ch. 296, § 1; L. 1973, ch. 319, § 1; L. 1976, ch. 341, § 1; L. 1977, ch. 270, § 2; L. 1980, ch. 237, § 1; L. 1981, ch. 306, § 1; Repealed, L. 1982, ch. 316, § 4; July 1.
Revisor's Note: Section transferred to 32-901.
History: L. 1981, ch. 306, § 2; L. 1982, ch. 316, § 2; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1983, ch. 245, § 1; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1965, ch. 444, § 2; L. 1966, ch. 39, § 1 (Budget Session); L. 1972, ch. 296, § 1; L. 1973, ch. 319, § 1; L. 1976, ch. 341, § 1; L. 1977, ch. 270, § 2; L. 1980, ch. 237, § 1; L. 1981, ch. 305, § 3; L. 1982, ch. 316, § 1; L. 1984, ch. 287, § 1; L. 1986, ch. 291, § 1; L. 1987, ch. 297, § 1; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1955, ch. 355, § 10; L. 1961, ch. 392, § 1; L. 1963, ch. 409, § 4; L. 1963, ch. 234, § 102; L. 1965, ch. 444, § 1; L. 1967, ch. 424, § 1; L. 1969, ch. 374, § 5; L. 1972, ch. 297, § 1; L. 1977, ch. 270, § 3; L. 1981, ch. 305, § 4; L. 1982, ch. 317, § 1; L. 1983, ch. 274, § 6; L. 1986, ch. 292, § 1; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1963, ch. 513, § 1; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Section transferred to 32-831.
Revisor's Note: Section transferred to 32-830.
History: L. 1955, ch. 355, § 13; L. 1963, ch. 409, § 5; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Section transferred to 32-991.
Revisor's Note: Section transferred to 32-858.
History: L. 1955, ch. 355, § 16; L. 1974, ch. 331, § 1; L. 1976, ch. 342, § 1; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1955, ch. 355, § 17; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Sections transferred to 32-857 and 32-859 through 32-864.
History: L. 1955, ch. 355, §§ 25, 26; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1965, ch. 451, § 1; Repealed, L. 1989, ch. 118, § 196; July 1.
History: L. 1965, ch. 451, § 2; L. 1975, ch. 427, § 240; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1965, ch. 451, § 3; L. 1979, ch. 243, § 2; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1965, ch. 451, § 4; L. 1975, ch. 427, § 241; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1965, ch. 451, § 5; L. 1974, ch. 348, § 71; L. 1979, ch. 243, § 1; Repealed, L. 1988, ch. 301, § 33; July 1.
Revisor's Note: Section transferred to 32-824.
History: L. 1965, ch. 453, § 2; L. 1988, ch. 301, § 16; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Sections transferred to 32-825, 32-826.
The state of Kansas does hereby abandon, release and forever disclaim any and all interest which the state of Kansas might have had in the past, does have at the present, or might have in the future in the following described land:
Part of lots one (1) and two (2) in Survey No. 19 of the Kaw Half Breed Indian Lands, commencing at a stone where the east line of the public highway known as the Kirby Road intersects the south line of the right-of-way of the Union Pacific Railroad Company, running thence southerly along the east line of said Kirby Road thirty (30) chains to a stone, thence easterly at right angles to the east line of said road eight (8) chains to a stone, thence northerly and parallel to the east line of said Kirby Road to an intersection with the south line of the right-of-way of said Union Pacific Railroad Company, thence running northwesterly on the south line of said railroad right-of-way to the point of beginning, containing twenty-five (25) acres of land, more or less, situated in Jefferson county, state of Kansas.
History: L. 1970, ch. 316, § 1; July 1.
Revisor's Note: Sections transferred to 32-867 through 32-872.
History: L. 1972, ch. 298, § 7; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Section transferred to 32-873.
The state park and resources authority is hereby authorized to negotiate and to renegotiate leases for lands in designated state parks with agencies of the federal government or with the state of Kansas, or any agency or political subdivision thereof, having control of lands to provide for approximate changes in acreage within the designated parks as follows:
Cheney State Park,
Cheney reservoir, located in Kingman, Reno and Sedgwick counties; decrease in acreage by approximately 306 acres—being that area south of 21st street lying in Kingman county; that area south of 21st street lying in Sedgwick county, except the triangular area south of 21st street between the old and new river channels; and that area north of 21st street lying east of F.A.S. route 556, Sedgwick county, and F.A.S. route 659, Reno county.
Fall River State Park,
Fall River reservoir, located in Greenwood county, decrease in acreage by approximately 2028 acres located in the Casner Creek cove and the Badger Creek cove; and decrease in acreage by approximately 130 acres, being that area lying to the north in the upper drainage of the Quarry Bay area, described as that portion lying east of the access road in the S½, SE¼, NE¼, section 26, and that portion lying north of and east of the access road in the SW¼, section 25, and in the N½, NE¼, SE¼, section 26, all in township 27S, range 12E.
Toronto State Park,
Toronto reservoir, located in Woodson county, decrease in acreage by approximately 935 acres, being land located at the northwest end of the Holiday Hill area; land south of the dam and east of the new river channel; land adjacent to Curtis cove and south to Woodson cove; land east of the city of Toronto, north of K-105 highway and that land at the upper end of Finger Creek south of and east of the original county highway right-of-way.
Perry State Park,
Perry reservoir, located in Jefferson county, increase in acreage by approximately 60 acres, which consists of existing county roads traversing the Delaware and Jefferson Point areas; and decrease in acreage by approximately 21 acres being that portion of land in section 25, township 10S, range 17E, that lies east of Rock Creek Cove, adjacent to the water's edge, elevation 891.5 msl, and adjacent to the state park road that traverses the Delaware area being north and west of said road, being that tract of land that is leased for commercial concession purposes.
Tuttle Creek State Park,
Tuttle Creek reservoir, located in Riley county, increase in acreage by approximately 5.5 acres, being that portion of old U.S. 77 right-of-way north of K-16, running northeasterly to the government property line, Fancy Creek area.
Webster State Park,
Webster reservoir, located in Rooks county, increase in acreage by approximately 3.5 acres, being the county right-of-way south of U.S. 24, running approximately one-half mile south into the state park.
Elk City State Park,
Elk City reservoir, located in Montgomery county, decrease in acreage by approximately 270 acres, being that portion of section 21, township 32S, range 15E, used by the U.S. army corps of engineers as an agricultural lease.
Lovewell State Park,
Lovewell reservoir, located in Jewell county, increase in acreage by approximately 5 acres, being that portion of the existing county road that is the access road to the Cedar Point area, Lovewell state park, running from the U.S. government property line, north approximately .7 miles to the section corner of sections 1 and 6, township 2S, and sections 31 and 36, township 1S on the line of range 6W and range 7W.
Clinton State Park,
Clinton reservoir, located in Douglas county, increase in acreage by approximately 75 acres in section 7, township 13S, range 19E, being that acreage necessary to build the main entrance road and that tract of land generally located in the west one-half of the northwest quarter that is nearly surrounded by the normal lake line.
Toronto State Park,
Toronto reservoir, located in Woodson county, increase in acreage by approximately 12 acres of land and the building thereon in section 36, township 26S, range 13E, near Toronto dam and lake lying west of Toronto dam, east of the existing Kansas state park and resources authority lease, above elevation 901.5 MSL north of the dam, and below the toe of the fill for the dam to the south, except the right-of-way for K-105 highway. Such building and the land are now known as the corps of engineers project office and overlook area. Such addition does not include the dam, any appurtenances thereto, the spillway, stilling basin or outlet channel. Increase in acreage by approximately 43 acres of land in section 19, township 26S, range 14E known as the Mann's cove recreation area, beginning at a point approximately 1,108 feet north of the southeast corner which is the centerline of two 8' x 8' x 186'3" RCB culverts, then west to elevation 901.5 MSL, then northerly along that elevation to a point approximately 105' west of the centerline of three 10' x 9' x 133'6" RCB culverts, then south along the east line of section 19 to the point of beginning, less the right-of-way for K-105 highway.
Wilson State Park,
Wilson Reservoir, located in Russell County, Kansas. An increase in acreage by approximately 157 acres of land in section 13, township 13 south, range 11 west, Russell County, Kansas, and section 18, township 13 south, range 10 west, Lincoln County, Kansas, known as Otoe Park.
History: L. 1973, ch. 320, § 1; L. 1975, ch. 405, § 1; L. 1979, ch. 244, § 1; L. 1984, ch. 288, § 1; July 1.
The state park and resources authority shall acquire from the appropriate state agency, as authorized by K.S.A. 74-4512, jurisdiction and control of the following described tract of land located in Reno county, Kansas, which is presently held for the use and benefit of the state industrial reformatory, and more particularly described as follows, to wit: All of section 23, township 22 south, range 5 west of the 6th P.M., in Reno county, Kansas. Further, the state park and resources authority is hereby authorized and directed to acquire by private donation, as authorized by K.S.A. 74-4510, jurisdiction and control of the following tract of land adjacent to Sand Hills state park and located in Reno county, Kansas: The east half of section 22, township 22S, range 5W.
The state park and resources authority shall acquire by purchase, as authorized by K.S.A. 74-4510, jurisdiction and control of the following tracts of land adjacent to Sand Hills state park and located in Reno county, Kansas: The west half of the northeast quarter of section 27, containing 80 acres more or less, and a portion of the southwest quarter of section 22, lying east of the former C. R. I. & P. Railroad right of way, township 22S, range 5W containing 83 acres, more or less.
History: L. 1974, ch. 330, § 2; L. 1979, ch. 245, § 1; L. 1981, ch. 307, § 1; April 25.
Lands acquired under the provisions of K.S.A. 74-4546 shall be named and designated as "Sand Hills state park" and the state park and resources authority shall develop such tract as a public recreation area for such purpose, maintaining the same in as near its natural state as practicable.
History: L. 1974, ch. 330, § 3; July 1.
The state of Kansas is hereby authorized to lease a tract of land to Reno county consisting of 1,123 acres, more or less, which land is located in Reno county, Kansas, and which is officially known as Sand Hills state park under the provisions of K.S.A. 74-4502.
Such lease shall be signed by the governor of the state of Kansas, attested by the secretary of state and signed by the county commissioners of Reno county or their authorized representative. The lease shall be for a period of 25 years and shall be entered into upon such terms and conditions as the governor and the county commissioners of Reno county shall agree to, consistent with the provisions of K.S.A. 74-4547. The lease shall require that the real estate be maintained and operated by Reno county as the Sand Hills state park at no cost to the state except as may specifically be set forth in the lease as state responsibility for designated facility development.
History: L. 1981, ch. 307, § 2; April 25.
The state park and resources authority shall acquire from the appropriate federal agency, as authorized by K.S.A. 74-4510, and amendments thereto, the following described tracts of land located in Butler county, Kansas, to be known as El Dorado state park: Approximately 3,777 acres of federally owned land in the lower regions of El Dorado lake above elevation 1339.0 MSL and further described as that federally owned land in sections 13, 24, 25, and 36, township 25S, range 5E, and in sections 7, 8, 15 through 22, and 27 through 33, township 25S, range 6E; and approximately 3,700 acres of federally owned land in the upper regions of El Dorado lake above elevation 1339.0 MSL and further described as that federally owned land in sections 20 through 23, 27 through 29, and 32 through 35, township 24S, range 6E, and sections 3 through 11, 14 through 18, 25, and 26, township 25S, range 6E.
History: L. 1984, ch. 288, § 2; July 1.
The state park and resources authority shall acquire from the appropriate federal agency, as authorized by K.S.A. 74-4510, and amendments thereto, the following described tracts of land located in Miami county, Kansas, to be known as Hillsdale state park: Approximately 1,475 acres of federally owned land in the lower regions of Hillsdale lake above elevation 917.0 MSL and further described as that land above Hillsdale dam in sections 11 through 14, 18, 23, 24, and below the dam in section 24, township 19S, range 22E, and above the dam in section 19, township 19S, range 23E, known as the Jayhawker and north and south Tecumseh areas.
History: L. 1984, ch. 288, § 3; July 1.
(a) The state park and resources authority is hereby authorized and directed, in the manner provided in this section, to grant an easement in a tract of land owned by the state of Kansas and located at Crawford state park in Crawford county, Kansas, to an adjoining landowner for the purpose of granting free and open access to the eaves and structure located on lot 43, NELS SMITH-THRONDSON LAKE VIEW PLACE, Farlington Lake, Crawford county, Kansas. The tract of land, containing 1,700 square feet, more or less, is described as follows: Starting from the ¾″ pipe set at the southeast corner of Lot 43, NELS SMITH-THRONDSON LAKE VIEW PLACE, Farlington Lake, Crawford County, Kansas, and thence due west along the southern boundary of Lot 43 for a distance of 100 feet to the southwest corner of the aforesaid Lot 43, and thence due north along the western boundary of said Lot 43 for a distance of 50 feet to the northwest corner of said Lot 43 and thence due west for a distance of 10 feet and thence due south for a distance of 60 feet and thence due east for a distance of 110 feet and thence due north to the point of origin at the southeast corner of Lot 43 as aforesaid, and all lands and property included therein.
(b) The grant of such easement shall be conditioned upon the payment of a reasonable price therefor. The state park and resources authority shall obtain an appraisement of the value of the easement from one disinterested person residing in Crawford county and appointed for this purpose by the state park and resources authority. In no case shall the price be less than the amount of the appraisement plus the costs incurred by the state park and resources authority in appraising such tract of land. All moneys received by the state park and resources authority under this act shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(c) An easement granted under this section shall terminate if the tract of land is no longer used for the purpose for which the easement was granted.
(d) The form of such easement shall be approved by the attorney general prior to granting of the easement.
History: L. 1984, ch. 281, § 1; L. 2001, ch. 5, § 321; July 1.
History: L. 1955, ch. 358, §§ 1, 2; L. 1961, ch. 393, § 8; Repealed, L. 1963, ch. 410, § 2; Repealed, L. 1965, ch. 445, § 2; July 1, 1967.
History: L. 1955, ch. 358, §§ 3, 4; L. 1957, ch. 432, §§ 1, 2; L. 1959, ch. 324, §§ 2, 3; L. 1961, ch. 393, § 8; Repealed, L. 1963, ch. 410, § 2; Repealed, L. 1965, ch. 445, § 2; July 1, 1967.
History: L. 1959, ch. 324, § 1; L. 1961, ch. 393, § 8; Repealed, L. 1963, ch. 410, § 2; Repealed, L. 1965, ch. 445, § 2; July 1, 1967.
History: L. 1961, ch. 393, §§ 1 to 6; L. 1961, ch. 393, § 8; Repealed, L. 1963, ch. 410, § 2; Repealed, L. 1965, ch. 445, § 2; July 1, 1967.
History: L. 1961, ch. 393, § 7; L. 1963, ch. 410, § 1; L. 1965, ch. 445, § 1; Repealed, L. 1970, ch. 317, § 1; July 1.
As used in this act:
(a) "State agency" means any state office or officer, department, board, commission, institution, bureau or any agency, division or unit within any office, department, board, or other state authority.
(b) "Insurance" means and includes every type of insurance on property.
History: L. 1957, ch. 290, § 1; May 1.
No state agency shall purchase insurance on any property owned by the state agency or the state except as otherwise expressly and specifically authorized by law.
History: L. 1957, ch. 290, § 2; L. 1963, ch. 411, § 1; L. 1979, ch. 186, § 27; L. 1983, ch. 293, § 1; L. 1985, ch. 253, § 4; L. 1986, ch. 293, § 3; L. 1987, ch. 298, § 1; L. 1990, ch. 278, § 2; L. 1990, ch. 281, § 2; April 19.
History: L. 1957, ch. 290, § 2; L. 1963, ch. 411, § 1; L. 1979, ch. 186, § 27; L. 1983, ch. 293, § 1; L. 1985, ch. 253, § 4; L. 1986, ch. 330, § 2; Repealed, L. 1987, ch. 298, § 2; July 1.
(a) Subject to subsection (b), a state agency may purchase and carry fire and extended coverage insurance on buildings or property owned by the agency or the state and under the supervision and control of the state agency in the following cases only:
(1) When bonds have been issued for the construction, equipment and furnishing of a building and the acquisition of a site therefor, or for any one or more of such purposes or for the purchase of such property, if the law authorizing the issuance of such bonds or agreement with the bondholders or a trust agreement requires that the building, equipment and furnishings or other property be insured;
(2) where property has been conveyed to the state or a state agency and the instrument conveying such property to the state or the state agency requires that the property be insured;
(3) where the cost of property has been or is being amortized by the use of federally granted funds;
(4) when the acquisition of such insurance is determined to be in the best interests of state educational institutions, as defined in subsection (a) of K.S.A. 76-711, and amendments thereto, as determined by the chief executive officer of the institution and such insurance can be obtained in accordance with K.S.A. 75-4101 et seq., and amendments thereto.
(b) When a building of a state agency is not insured on the effective date of this act, the state agency shall not obtain insurance duplicating insurance obtained under K.S.A. 74-4718, and amendments thereto.
History: L. 1957, ch. 290, § 3; L. 1961, ch. 394, § 1; L. 1992, ch. 276, § 6; L. 1995, ch. 30, § 1; July 1.
History: L. 1957, ch. 290, § 4; L. 1959, ch. 325, § 1; Repealed, L. 1963, ch. 411, § 9; May 1.
Any state agency owning or operating boilers may purchase boiler insurance which insurance shall include inspection of boilers.
History: L. 1957, ch. 290, § 5; May 1.
The director of accounts and reports shall not draw his warrants for the payment for any insurance purchased by any state agency contrary to the provisions of this act.
History: L. 1957, ch. 290, § 6; May 1.
Every state agency shall purchase motor vehicle liability insurance for the protection and benefit of the state agency and the officers, agents and employees of the state agency responsible for the operation of vehicles owned, operated, maintained or controlled by the agency, and of persons while riding in or upon, entering or alighting from such vehicles. The motor vehicle liability insurance policy so purchased shall provide coverage to a limit, exclusive of interests and costs, of not less than $25,000 because of bodily injury to, or death of, one person in any one accident and, subject to the limit for one person, to a limit of not less than $50,000 because of bodily injury to, or death of, two or more persons in any one accident, and, if the accident has resulted in injury to, or destruction of property to a limit of not less than $10,000 because of injury to, or destruction of, property of others in any one accident. The insurance purchased as provided for in this act shall be limited to the kinds of insurance hereinabove set out. As used in this act, the term "vehicle" shall include motor vehicles, vehicles and mobile equipment.
History: L. 1963, ch. 411, § 2; L. 1982, ch. 318, § 1; April 15.
History: L. 1963, ch. 411, §§ 3 to 8; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1970, ch. 318, § 1; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1970, ch. 318, § 2; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1970, ch. 318, § 3; Repealed, L. 1979, ch. 186, § 33; July 1.
As used in this act:
(a) "Committee" means the committee on surety bonds and insurance.
(b) "Secretary" means the secretary of administration.
(c) "Department" means the department of administration.
History: L. 1992, ch. 276, § 1; July 1.
Subject to appropriations therefor, the committee shall purchase in accordance with K.S.A. 75-3738 to 75-3748, inclusive, and amendments thereto, an insurance policy insuring against fire, extended coverage or other risks of direct physical loss to property, and provision for loss of income when required. Such insurance policy shall cover all buildings owned by the state except those specified under K.S.A. 74-4720. Such policy shall provide for not less than $500,000 deductible per occurrence subject to an annual aggregate of not less than $500,000. Buildings covered by such policy shall be insured for at least 90% of the replacement cost thereof.
History: L. 1992, ch. 276, § 2; July 1.
(a) The department shall procure all data and other information to administer activities necessary to obtain and utilize the insurance policy provided for by K.S.A. 74-4718.
(b) The department shall establish the insurable values of all property to be insured under K.S.A. 74-4718. To facilitate establishment of such values, every state agency is required to follow the instructions of the department in helping to establish such values for buildings occupied by the state agency.
(c) The department shall coordinate as necessary the settlement of insured losses.
(d) The secretary shall adopt rules and regulations convenient for the purpose of this section.
History: L. 1992, ch. 276, § 3; July 1.
The insurance policy purchased under K.S.A. 74-4718 shall not be required to insure the following:
(a) Buildings upon which there is an existing policy of insurance which is determined by the committee to be adequate, unless the state agency owning or being responsible for a building requests the committee to include any such building or buildings in the coverage of such policy.
(b) Buildings which are currently insured in compliance with a bond covenant, unless the covenant authorizes, or is amended to authorize, such alternative coverage as is provided by the policy purchased under K.S.A. 74-4718.
(c) Buildings which are determined by the committee to require coverage different from that which the insurance policy obtained under K.S.A. 74-4718 will provide.
(d) Buildings the department determines it is not advisable to insure.
History: L. 1992, ch. 276, § 4; July 1.
The department shall develop and submit an annual report to the legislature which is informative as to:
(a) The amount and value of the property insured;
(b) the costs of such insurance;
(c) losses incurred by state agencies segregated between insured and noninsured;
(d) recommendations for changes in the property insurance program to enhance its value; and
(e) such other information as the department of administration deems appropriate.
History: L. 1992, ch. 276, § 5; July 1.
(a) The Kansas department of wildlife and parks shall purchase vessel liability insurance for the protection and benefit of the state, the department and officers, agents and employees of the department responsible for the operation of vessels owned, operated, maintained or controlled by the department, and of persons while riding in or upon such vessels.
(b) As used in this section, the term "vessel" includes motorized and nonmotorized vessels and other methods of aquatic transportation used by the department.
History: L. 2008, ch. 4, § 1; L. 2012, ch. 47, § 94; L. 2023, ch. 7, § 120; July 1.
(a) On July 1, 1976, the Kansas coordinating council for the blind shall be and is hereby abolished.
(b) On July 1, 1976, all of the powers, duties and functions of the Kansas coordinating council for the blind shall be and are hereby abolished.
(c) On and after July 1, 1976, whenever the Kansas coordinating council for the blind is referred to or designated by a statute, contract or other document, such reference or designation shall be null and void and of no force and effect whatsoever.
(d) On July 1, 1976, all of the records, memoranda, writings and property of the Kansas coordinating council for the blind shall be and are hereby transferred to the secretary of administration and said secretary shall have legal custody of the same.
(e) On July 1, 1976, the coordinating council for the blind fund, created by K.S.A. 74-4806, which section is repealed by this act, shall be and is hereby abolished, and on said date, the director of accounts and reports shall transfer all moneys remaining in said fund to the state general fund. On July 1, 1976, any appropriation for the Kansas coordinating council for the blind shall lapse.
History: L. 1957, ch. 434, § 1; L. 1969, ch. 376, § 1; L. 1975, ch. 462, § 112; L. 1976, ch. 343, § 1; July 1.
History: L. 1957, ch. 434, §§ 2 to 4; Repealed, L. 1976, ch. 343, § 2; July 1.
History: L. 1957, ch. 434, § 5; L. 1974, ch. 348, § 72; L. 1975, ch. 416, § 11; Repealed, L. 1976, ch. 343, § 2; July 1.
History: L. 1957, ch. 434, §§ 6, 7; Repealed, L. 1976, ch. 343, § 2; July 1.
The purpose of this act is to provide an orderly means whereby employees of the participating employers who have attained retirement age as herein set forth may be retired from active service without prejudice and without inflicting a hardship upon the employees retired and to enable such employees to accumulate reserves for themselves and their dependents to provide for old age, death and termination of employment, and for the purpose of effecting economy and efficiency in the administration of governmental affairs.
History: L. 1961, ch. 427, § 1; April 22.
As used in articles 49 and 49a of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, unless otherwise provided or the context otherwise requires:
(1) "Accumulated contributions" means the sum of all contributions by a member to the system which are credited to the member's account, with interest allowed thereon;
(2) "acts" means the provisions of articles 49 and 49a of the Kansas Statutes Annotated, and amendments thereto;
(3) "actuarial equivalent" means an annuity or benefit of equal value to the accumulated contributions, annuity or benefit, when computed upon the basis of the actuarial tables in use by the system. Whenever the amount of any benefit is to be determined on the basis of actuarial assumptions, the assumptions shall be specified in a way that precludes employer discretion;
(4) "actuarial tables" means the actuarial tables approved and in use by the board at any given time;
(5) "actuary" means the actuary or firm of actuaries employed or retained by the board at any given time;
(6) "agent" means the individual designated by each participating employer through whom system transactions and communication are directed;
(7) "beneficiary" means, subject to the provisions of K.S.A. 74-4927, and amendments thereto, any natural person or persons, estate or trust, or any combination thereof, named by a member to receive any benefits as provided for by this act. Designations of beneficiaries by a member who is a member of more than one retirement system made on or after July 1, 1987, shall be the basis of any benefits payable under all systems unless otherwise provided by law. Except as otherwise provided by subsection (32), if there is no named beneficiary living at the time of the member's death, any benefits provided for by this act shall be paid to: (A) The member's surviving spouse; (B) the member's dependent child or children; (C) the member's dependent parent or parents; (D) the member's nondependent child or children; (E) the member's nondependent parent or parents; or (F) the estate of the deceased member; in the order of preference as specified in this subsection;
(8) "board of trustees," "board" or "trustees" means the managing body of the system which is known as the Kansas public employees retirement system board of trustees;
(9) "compensation" means, except as otherwise provided, all salary, wages and other remuneration payable to a member for personal services performed for a participating employer, including maintenance or any allowance in lieu thereof provided a member as part of compensation, but not including reimbursement for travel or moving expenses or on and after July 1, 1994, payment pursuant to an early retirement incentive program made prior to the retirement of the member. Beginning with the employer's fiscal year that begins in calendar year 1991 or for employers other than the state of Kansas, beginning with the fiscal year that begins in calendar year 1992, when the compensation of a member who remains in substantially the same position during any two consecutive years of participating service used in calculating final average salary is increased by an amount which exceeds 15%, then the amount of such increase which exceeds 15% shall not be included in compensation, except that: (A) Any amount of compensation for accumulated sick leave or vacation or annual leave paid to the member; (B) any increase in compensation for any member due to a reclassification or reallocation of such member's position or a reassignment of such member's job classification to a higher range or level; and (C) any increase in compensation as provided in any contract entered into prior to January 1, 1991, and still in force on the effective date of this act, pursuant to an early retirement incentive program as provided in K.S.A. 72-2291 et seq., and amendments thereto, shall be included in the amount of compensation of such member used in determining such member's final average salary and shall not be subject to the 15% limitation provided in this subsection. Any contributions by such member on the amount of such increase which exceeds 15% which is not included in compensation shall be returned to the member. Unless otherwise provided by law, beginning with the employer's fiscal year coinciding with or following July 1, 1985, compensation shall include any amounts for tax sheltered annuities or deferred compensation plans. Beginning with the employer's fiscal year that begins in calendar year 1991, compensation shall include amounts under sections 403b, 457 and 125 of the federal internal revenue code of 1986 and, as the board deems appropriate, any other section of the federal internal revenue code of 1986 which defers or excludes amounts from inclusion in income. For purposes of applying limits under the federal internal revenue code "compensation" shall have the meaning as provided in K.S.A. 74-49,123, and amendments thereto. For purposes of this subsection and application to the provisions of K.S.A. 74-4927(4), and amendments thereto, "compensation" shall not include any payments made by the state board of regents pursuant to the provisions of K.S.A. 74-4927a(5), and amendments thereto, to a member of the faculty or other person defined in K.S.A. 74-4925(1)(a), and amendments thereto;
(10) "credited service" means the sum of participating service and prior service and in no event shall credited service include any service that is credited under another retirement plan authorized under any law of this state;
(11) "dependent" means a parent or child of a member who is dependent upon the member for at least 1/2 of such parent or child's support;
(12) "effective date" means the date upon which the system becomes effective by operation of law;
(13) "eligible employer" means the state of Kansas, and any county, city, township, special district or any instrumentality of any one or several of the aforementioned or any noncommercial public television or radio station located in this state that receives state funds allocated by the Kansas public broadcasting commission whose employees are covered by social security. If a class or several classes of employees of any above defined employer are not covered by social security, such employer shall be deemed an eligible employer only with respect to such class or those classes of employees who are covered by social security;
(14) "employee" means any appointed or elective officer or employee of a participating employer whose employment is not seasonal or temporary and whose employment requires at least 1,000 hours of work per year, and any such officer or employee who is concurrently employed performing similar or related tasks by two or more participating employers, who each remit employer and employee contributions on behalf of such officer or employee to the system, and whose combined employment is not seasonal or temporary, and whose combined employment requires at least 1,000 hours of work per year, but not including: (A) Any employee who is a contributing member of the United States civil service retirement system; (B) any employee who is a contributing member of the federal employees retirement system; (C) any employee who is a leased employee as provided in section 414 of the federal internal revenue code of a participating employer; and (D) any employee or class of employees specifically exempted by law. After June 30, 1975, no person who is otherwise eligible for membership in the Kansas public employees retirement system shall be barred from such membership by reason of coverage by, eligibility for or future eligibility for a retirement annuity under the provisions of K.S.A. 74-4925, and amendments thereto, except that no person shall receive service credit under the Kansas public employees retirement system for any period of service for which benefits accrue or are granted under a retirement annuity plan under the provisions of K.S.A. 74-4925, and amendments thereto. After June 30, 1982, no person who is otherwise eligible for membership in the Kansas public employees retirement system shall be barred from such membership by reason of coverage by, eligibility for or future eligibility for any benefit under another retirement plan authorized under any law of this state, except that no such person shall receive service credit under the Kansas public employees retirement system for any period of service for which any benefit accrues or is granted under any such retirement plan. Employee shall include persons who are in training at or employed by, or both, a sheltered workshop for the blind operated by the secretary for children and families. The entry date for such persons shall be the beginning of the first pay period of the fiscal year commencing in calendar year 1986. Such persons shall be granted prior service credit in accordance with K.S.A. 74-4913, and amendments thereto. However, such persons classified as home industry employees shall not be covered by the retirement system. Employees shall include any member of a board of county commissioners of any county and any council member or commissioner of a city whose compensation is equal to or exceeds $5,000 per year;
(15) "entry date" means the date as of which an eligible employer joins the system. The first entry date pursuant to this act is January 1, 1962;
(16) "executive director" means the managing officer of the system employed by the board under this act;
(17) "final average salary" means in the case of a member who retires prior to January 1, 1977, and in the case of a member who retires after January 1, 1977, and who has less than five years of participating service after January 1, 1967, the average highest annual compensation paid to such member for any five years of the last 10 years of participating service immediately preceding retirement or termination of employment, or in the case of a member who retires on or after January 1, 1977, and who has five or more years of participating service after January 1, 1967, the average highest annual compensation paid to such member on or after January 1, 1967, for any five years of participating service preceding retirement or termination of employment, or, in any case, if participating service is less than five years, then the average annual compensation paid to the member during the full period of participating service, or, in any case, if the member has less than one calendar year of participating service such member's final average salary shall be computed by multiplying such member's highest monthly salary received in that year by 12; in the case of a member who became a member under K.S.A. 74-4925(3), and amendments thereto, or who became a member with a participating employer as defined in K.S.A. 74-4931(3), and amendments thereto, and who elects to have compensation paid in other than 12 equal installments, such compensation shall be annualized as if the member had elected to receive 12 equal installments for any such periods preceding retirement; in the case of a member who retires after July 1, 1987, the average highest annual compensation paid to such member for any four years of participating service preceding retirement or termination of employment; in the case of a member who retires on or after July 1, 1993, whose date of membership in the system is prior to July 1, 1993, and any member who is in such member's membership waiting period on July 1, 1993, and whose date of membership in the system is on or after July 1, 1993, the average highest annual compensation, as defined in subsection (9), paid to such member for any four years of participating service preceding retirement or termination of employment or the average highest annual salary, as defined in subsection (33), paid to such member for any three years of participating service preceding retirement or termination of employment, whichever is greater; and in the case of a member who retires on or after July 1, 1993, and whose date of membership in the system is on or after July 1, 1993, the average highest annual salary, as defined in subsection (33), paid to such member for any three years of participating service preceding retirement or termination of employment. Final average salary shall not include any purchase of participating service credit by a member as provided in K.S.A. 74-4919h(2), and amendments thereto, which is completed within five years of retirement. For any application to purchase or repurchase service credit for a certain period of service as provided by law received by the system after May 17, 1994, for any member who will have contributions deducted from such member's compensation at a percentage rate equal to two or three times the employee's rate of contribution or will begin paying to the system a lump-sum amount for such member's purchase or repurchase and such deductions or lump-sum payment commences after the commencement of the first payroll period in the third quarter, "final average salary" shall not include any amount of compensation or salary which is based on such member's purchase or repurchase. Any application to purchase or repurchase multiple periods of service shall be treated as multiple applications. For purposes of this subsection, the date that such member is first hired as an employee for members who are employees of employers that elected to participate in the system on or after January 1, 1994, shall be the date that such employee's employer elected to participate in the system. In the case of any former member who was eligible for assistance pursuant to K.S.A. 74-4925, and amendments thereto, prior to July 1, 1998, for the purpose of calculating final average salary of such member, such member's final average salary shall be based on such member's salary while a member of the system or while eligible for assistance pursuant to K.S.A. 74-4925, and amendments thereto, whichever is greater;
(18) "fiscal year" means, for the Kansas public employees retirement system, the period commencing July 1 of any year and ending June 30 of the next;
(19) "Kansas public employees retirement fund" means the fund created by this act for payment of expenses and benefits under the system and referred to as the fund;
(20) "leave of absence" means a period of absence from employment without pay, authorized and approved by the employer, and which after the effective date does not exceed one year;
(21) "member" means an eligible employee who is in the system and is making the required employee contributions; any former employee who has made the required contributions to the system and has not received a refund if such member is within five years of termination of employment with a participating employer; or any former employee who has made the required contributions to the system, has not yet received a refund and has been granted a vested benefit;
(22) "military service" means service in the uniformed forces of the United States, for which retirement benefit credit must be given under the provisions of USERRA or service in the armed forces of the United States or in the commissioned corps of the United States public health service, which service is immediately preceded by a period of employment as an employee or by entering into an employment contract with a participating employer and is followed by return to employment as an employee with the same or another participating employer within 12 months immediately following discharge from such military service, except that if the board determines that such return within 12 months was made impossible by reason of a service-connected disability, the period within which the employee must return to employment with a participating employer shall be extended not more than two years from the date of discharge or separation from military service;
(23) "normal retirement date" means the date on or after which a member may retire with full retirement benefits pursuant to K.S.A. 74-4914, and amendments thereto;
(24) "participating employer" means an eligible employer who has agreed to make contributions to the system on behalf of its employees;
(25) "participating service" means the period of employment after the entry date for which credit is granted a member;
(26) "prior service" means the period of employment of a member prior to the entry date for which credit is granted a member under this act;
(27) "prior service annual salary" means the highest annual salary, not including any amounts received as payment for overtime or as reimbursement for travel or moving expense, received for personal services by the member from the current employer in any one of the three calendar years immediately preceding January 1, 1962, or the entry date of the employer, whichever is later, except that if a member entered the employment of the state during the calendar year 1961, the prior service annual salary shall be computed by multiplying such member's highest monthly salary received in that year by 12;
(28) "retirant" means a member who has retired under this system;
(29) "retirement benefit" means a monthly income or the actuarial equivalent thereof paid in such manner as specified by the member pursuant to this act or as otherwise allowed to be paid at the discretion of the board, with benefits accruing from the first day of the month coinciding with or following retirement and ending on the last day of the month in which death occurs. Upon proper identification a surviving spouse may negotiate the warrant issued in the name of the retirant. If there is no surviving spouse, the last warrant shall be payable to the designated beneficiary;
(30) "retirement system" or "system" means the Kansas public employees retirement system as established by this act and as it may be amended;
(31) "social security" means the old age, survivors and disability insurance section of the federal social security act;
(32) "trust" means an express trust, created by a trust instrument, including a will, designated by a member to receive payment of the insured death benefit under K.S.A. 74-4927, and amendments thereto, and payment of the member's accumulated contributions under K.S.A. 74-4916(1), and amendments thereto. A designation of a trust shall be filed with the board. If no will is admitted to probate within six months after the death of the member or no trustee qualifies within such six months or if the designated trust fails, for any reason whatsoever, the insured death benefit under K.S.A. 74-4927, and amendments thereto, and the member's accumulated contributions under K.S.A. 74-4916(1), and amendments thereto, shall be paid in accordance with the provisions of subsection (7) as in other cases where there is no named beneficiary living at the time of the member's death and any payments so made shall be a full discharge and release to the system from any further claims;
(33) "salary" means all salary and wages payable to a member for personal services performed for a participating employer, including maintenance or any allowance in lieu thereof provided a member as part of salary. Salary shall not include reimbursement for travel or moving expenses, payment for accumulated sick leave or vacation or annual leave, severance pay or any other payments to the member determined by the board to not be payments for personal services performed for a participating employer constituting salary or on and after July 1, 1994, payment pursuant to an early retirement incentive program made prior to the retirement of the member. When the salary of a member who remains in substantially the same position during any two consecutive years of participating service used in calculating final average salary is increased by an amount which exceeds 15%, then the amount of such increase which exceeds 15% shall not be included in salary. Any contributions by such member on the amount of such increase which exceeds 15% which is not included in compensation shall be returned to the member. Unless otherwise provided by law, salary shall include any amounts for tax sheltered annuities or deferred compensation plans. Salary shall include amounts under sections 403b, 457 and 125 of the federal internal revenue code of 1986 and, as the board deems appropriate, any other section of the federal internal revenue code of 1986 that defers or excludes amounts from inclusion in income. For purposes of applying limits under the federal internal revenue code "salary" shall have the meaning as provided in K.S.A. 74-49,123, and amendments thereto. In any case, if participating service is less than three years, then the average annual salary paid to the member during the full period of participating service, or, in any case, if the member has less than one calendar year of participating service such member's final average salary shall be computed by multiplying such member's highest monthly salary received in that year by 12;
(34) "federal internal revenue code" means the federal internal revenue code of 1954 or 1986, as in effect on July 1, 2008, and as applicable to a governmental plan; and
(35) "USERRA" means the federal uniformed services employment and reemployment rights act of 1994 as in effect on July 1, 2008.
History: L. 1961, ch. 427, § 2; L. 1963, ch. 412, § 1; L. 1965, ch. 446, § 1; L. 1967, ch. 427, § 1; L. 1970, ch. 319, § 1; L. 1974, ch. 332, § 2; L. 1974, ch. 334, § 1; L. 1975, ch. 406, § 2; L. 1976, ch. 344, § 1; L. 1977, ch. 272, § 1; L. 1978, ch. 319, § 1; L. 1981, ch. 308, § 1; L. 1982, ch. 319, § 13; L. 1985, ch. 254, § 7; L. 1986, ch. 294, § 1; L. 1987, ch. 299, § 10; L. 1988, ch. 302, § 4; L. 1989, ch. 232, § 5; L. 1990, ch. 282, § 4; L. 1991, ch. 237, § 6; L. 1993, ch. 227, § 10; L. 1994, ch. 347, § 1; L. 1995, ch. 267, § 3; L. 1998, ch. 64, § 26; L. 1998, ch. 201, § 9; L. 2001, ch. 209, § 5; L. 2002, ch. 116, § 2; L. 2003, ch. 155, § 2; L. 2004, ch. 182, § 2; L. 2005, ch. 196, § 3; L. 2006, ch. 143, § 6; L. 2007, ch. 195, § 39; L. 2008, ch. 113, § 10; L. 2014, ch. 115, § 301; L. 2025, ch. 88, § 1; July 1.
History: L. 1961, ch. 427, § 2; L. 1963, ch. 412, § 1; L. 1965, ch. 446, § 1; L. 1967, ch. 427, § 1; L. 1970, ch. 319, § 1; L. 1974, ch. 332, § 2; L. 1974, ch. 334, § 1; L. 1975, ch. 406, § 2; L. 1976, ch. 344, § 1; L. 1977, ch. 272, § 1; L. 1978, ch. 319, § 1; L. 1981, ch. 308, § 1; L. 1982, ch. 319, § 13; L. 1985, ch. 254, § 7; L. 1986, ch. 294, § 1; L. 1987, ch. 299, § 10; L. 1988, ch. 302, § 4; L. 1989, ch. 232, § 5; L. 1990, ch. 282, § 4; L. 1991, ch. 237, § 6; L. 1993, ch. 227, § 10; L. 1994, ch. 347, § 1; L. 1995, ch. 267, § 3; L. 1998, ch. 64, § 26; L. 1998, ch. 201, § 9; L. 2001, ch. 209, § 5; L. 2002, ch. 116, § 2; L. 2003, ch. 155, § 2; L. 2004, ch. 182, § 2; L. 2005, ch. 196, § 3; L. 2006, ch. 168, § 2; Repealed, L. 2007, ch. 195, § 59; July 1.
There is hereby created the "Kansas public employees retirement system" which shall be a body corporate and an instrumentality of the state of Kansas. The system shall be vested with the powers and duties specified in this act and such other powers as may be necessary or proper to enable it, its officers, employees and agents to carry out fully and effectively the purposes and intent of this act.
History: L. 1961, ch. 427, § 3; April 22.
(1) The system may sue and be sued in its official name, but its trustees, officers, employees and agents shall not be personally liable for acts of the system unless such person acted with willful, wanton or fraudulent misconduct or intentionally tortious conduct. Any agreement in settlement of litigation involving the system and the investment of moneys of the fund is a public record as provided in K.S.A. 45-215 et seq., and amendments thereto, and subject to the provisions of that act. The service of all legal process and of all notices which may be required to be in writing, whether legal proceedings or otherwise, shall be had on the executive director at such executive director's office. All actions or proceedings directly or indirectly against the system shall be brought in Shawnee county.
(2) Any person aggrieved by any order or decision of the board made without a hearing, may, within 60 days after notice of the order or decision of the board make written request to the board for a hearing thereon. The board shall hear such party or parties in accordance with the provisions of the Kansas administrative procedure act at its next regular meeting or at a special meeting within 60 days after receipt of such request. For the purpose of any hearing under this section, the board may appoint the executive director or use a presiding officer from the office of administrative hearings. The board shall review an initial order resulting from a hearing under this section. The board is hereby authorized to enter into a contract with the office of administrative hearings and to provide for reimbursement for actual and necessary expenses and compensation for such person serving as a presiding officer.
History: L. 1961, ch. 427, § 4; L. 1963, ch. 412, § 2; L. 1974, ch. 335, § 1; L. 1988, ch. 356, § 291; L. 1992, ch. 321, § 23; L. 1993, ch. 227, § 11; L. 1998, ch. 201, § 10; L. 2001, ch. 209, § 6; L. 2004, ch. 145, § 29; L. 2025, ch. 88, § 2; July 1.
History: L. 1994, ch. 344, § 1; Expired, June 30, 1997.
(a) On July 1, 1993, the board of trustees of the Kansas public employees retirement system, as such board existed on June 30, 1993, is hereby abolished. On July 1, 1993, there is hereby established a new board of trustees of the Kansas public employees retirement system. Such board established on July 1, 1993, shall consist of nine members, as follows:
(1) Six appointed members, four appointed by the governor subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, one appointed by the president of the senate and one appointed by the speaker of the house of representatives. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed to the board whose appointment is subject to confirmation, shall exercise any power, duty or function as a member of the board until confirmed by the senate. No more than two members of the board whose appointment is subject to confirmation shall be from the same political party;
(2) two retirement system members elected by the members and retirants of the system as provided in K.S.A. 74-4909(12), and amendments thereto. As provided in this subsection, only active and retired members of the system shall be eligible to be elected to the board and only active and retired members of the system shall be eligible to elect the two retirement system members pursuant to this subsection. Inactive members shall not be eligible to be elected to the board nor to elect the two retirement system members elected pursuant to this subsection. If a member elected to the board as provided in this subsection becomes inactive, such member is disqualified from service on the board and such member's board position shall be vacant and such vacancy shall be filled as provided in subsection (b)(1). Of the two retirement system members elected pursuant to this subsection, one shall be a member of the retirement system who is in school employment as provided in K.S.A. 74-4931 et seq., and amendments thereto and one shall be a member of the retirement system other than a member who is in school employment. For purposes of this subsection, retirement system means the Kansas public employees retirement system, the Kansas police and firemen's retirement system and the retirement system for judges; and
(3) the state treasurer.
(b) (1) Except as provided by this paragraph and paragraph (2), all members of the board as provided in subsection (a)(1) and (a)(2) shall serve four-year terms, except that of the members first appointed by the governor, two shall be appointed for two-year terms and the member appointed by the speaker of the house of representatives shall be appointed for a two-year term. The governor shall designate the term for which each of the members first appointed shall serve. All members appointed to fill vacancies in the membership of the board and all members appointed to succeed members appointed to membership on the board shall be appointed in like manner as that provided for the original appointment of the member succeeded. All members appointed to fill vacancies of a member of the board appointed by the governor, the president of the senate or the speaker of the house of representatives shall be appointed to fill the unexpired term of such member. All vacancies on the board by a member elected by the members and retirants of the system shall be filled by the board as provided by rules and regulations adopted as provided in K.S.A. 74-4909(12), and amendments thereto.
(2) Except as provided in K.S.A. 46-2601, and amendments thereto, no person appointed to the board by the governor shall exercise any power, duty or function as a member of the board until confirmed by the senate. The terms of members appointed by the governor who are serving on the board on the effective date of this act shall expire on January 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(c) The board shall elect a chairperson of the board at the first regular meeting held on or after July 1, 1993, and at each annual meeting thereafter from the members of the board. The chairperson shall preside over meetings of the board and perform such other duties as required by the board.
(d) The chairperson shall appoint another board member as vice-chairperson, and the vice-chairperson shall perform the duties of chairperson in the absence of the chairperson or upon the chairperson's inability or refusal to act.
(e) The six members appointed pursuant to subsection (a)(1) shall have demonstrated experience in the financial affairs of a public or private organization or entity which employs 100 or more employees or had at least five years' experience in the field of investment management or analysis, actuarial analysis or administration of an employee benefit plan.
(f) No person shall serve on the board if such person has knowingly acquired a substantial interest in any nonpublicly traded investment made with moneys of the fund. Any such person who knowingly acquires such an interest shall vacate such member's position on the board and shall be guilty of a class A misdemeanor. For purposes of this subsection, "substantial interest" means any of the following:
(1) If an individual or an individual's spouse, either individually or collectively, has owned within the preceding 12 months a legal or equitable interest exceeding $5,000 or 5% of any business, whichever is less, the individual has a substantial interest in that business.
(2) If an individual or an individual's spouse, either individually or collectively, has received during the preceding calendar year compensation which is or will be required to be included as taxable income on federal income tax returns of the individual and spouse in an aggregate amount of $2,000 from any business or combination of businesses, the individual has a substantial interest in that business or combination of businesses.
(3) If an individual or an individual's spouse holds the position of officer, director, associate, partner or proprietor of any business, the individual has a substantial interest in that business, irrespective of the amount of compensation received by the individual or individual's spouse.
(4) If an individual or an individual's spouse receives compensation which is a portion or percentage of each separate fee or commission paid to a business or combination of businesses, the individual has a substantial interest in any client or customer who pays fees or commissions to the business or combination of businesses from which fees or commissions the individual or the individual's spouse, either individually or collectively, received an aggregate of $2,000 or more in the preceding calendar year.
(5) If an individual or an individual's spouse has received a loan from or received financing from any bank, savings and loan, credit union or any other financial institution in an amount which exceeds $2,000, the individual has a substantial interest in that financial institution.
(6) As used in this subsection, "client or customer" means a business or combination of businesses.
(7) Any person who serves on the board shall fully disclose any substantial interest that such person has in any publicly traded investment made with moneys of the fund.
(g) No person who serves on the board shall be employed for a period of two years commencing on the date the person no longer serves on the board and ending two years after such date with any organization in which moneys of the fund were invested, except that the employment limitation contained in this subsection shall not apply if such person's employment is with an organization whose stock or other evidences of ownership are traded on the public stock or bond exchanges.
(h) All members of the board named, appointed or elected to the board shall be fingerprinted and to submit to a state and national criminal background check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto. The committee, in accordance with K.S.A. 75-4319, and amendments thereto, shall recess for a closed or executive meeting to receive and discuss information received by the committee pursuant to this subsection.
(i) All of the powers, duties and functions of the board of trustees of the Kansas public employees retirement system as such board existed prior to July 1, 1993, are hereby transferred to and conferred and imposed upon the board of trustees established pursuant to this act. The board of trustees of the Kansas public employees retirement system established pursuant to this act shall be the successor in every way of the powers, duties and functions of the board of trustees existing prior to July 1, 1993, in which the same were vested prior to July 1, 1993.
History: L. 1961, ch. 427, § 5; L. 1982, ch. 347, § 42; L. 1992, ch. 218, § 1; L. 1993, ch. 289, § 1; L. 1995, ch. 241, § 13; L. 1996, ch. 266, § 5; L. 1998, ch. 201, § 11; L. 2024, ch. 15, § 66; July 1.
(1) The board shall hold regular meetings in Topeka, Kansas, at least once each quarter, the dates, time and place to be fixed by the board. The regular meeting held in July of each year shall be the annual meeting and the board shall elect the chairperson of the board as prescribed by subsection (c) of K.S.A.
74-4905, and amendments thereto. Special meetings may be called upon written call of the chairperson or by agreement of any five members of the board. Notice of a special meeting shall be delivered to all other trustees in person or by registered or certified United States mail not less than seven days prior to the date fixed for the meeting. Notice of any such meeting may be waived by any member either before or after such meeting and attendance at such a meeting shall constitute a waiver of notice of such meeting, unless a member participates therein solely to object to the transaction of any business because the meeting has not been legally called or convened.
(2) Five trustees shall constitute a quorum for the transaction of business, but any official action of the board shall be based upon a favorable vote by at least five trustees at a regular or special meeting of the board.
(3) Members of the Kansas public employees retirement system board of trustees shall receive compensation in the amount provided for members of the legislature pursuant to K.S.A.
75-3223, and amendments thereto and shall receive subsistence allowance, mileage and expenses in addition to subsistence allowance and mileage in the amount provided for a member of a board pursuant to K.S.A.
75-3223, and amendments thereto, for each day or part thereof in which such member attended a meeting authorized by the board. Amounts paid under this subsection shall be paid from the expense reserve fund provided for in section (d) of K.S.A.
74-4922, and amendments thereto.
(4) Duties performed for the system by any member of the board who is a public officer or employee shall be considered duties in connection with regular public employment of such individual, and such member shall suffer no loss in normal compensation from public funds by reason of the performances of such duties.
History: L. 1961, ch. 427, § 6; L. 1963, ch. 412, § 3; L. 1973, ch. 321, § 20; L. 1974, ch. 348, § 73; L. 1992, ch. 218, § 2; L. 1992, ch. 218, § 3; L. 1993, ch. 227, § 12; L. 2006, ch. 143, § 7; July 1.
(1) The principal office of the system shall be in quarters at Topeka, Kansas.
(2) The board shall keep a complete record of all proceedings which shall be open at all reasonable hours to inspection. Any agreement in settlement of litigation involving the system and the investment of moneys of the fund shall be open for inspection by any person and suitable facilities shall be made available by the system for this purpose as provided by the provisions of K.S.A. 45-215 et seq. and amendments thereto. A report covering the operation of the system for the past fiscal year, including income and disbursements, and of the financial condition of the system at the end of such fiscal year, showing the valuation of assets and investments and liabilities of the system, shall be delivered after the end of each fiscal year and prior to January 1 of the next fiscal year to the governor and to the chairperson of the legislative coordinating council, to the secretary of the senate and to the chief clerk of the house of representatives and shall be made readily available to the members and participating employers of the system. Such report shall include the financial statements of the system and supporting schedules, presented in accordance with generally accepted accounting principles. Such supporting schedules presented in the annual report shall include a listing which reports the cost and the fiscal year end lower amount of cost or market value for each individual alternative investment of the system which was initiated on or after July 1, 1991, and reports, in aggregate, the cost and the fiscal year end lower amount of cost or market value for those alternative investments of the system initiated prior to July 1, 1991. The retirement system shall maintain a listing which reports the cost and the fiscal year end lower amount of cost or market value for each individual alternative investment of the system which was initiated prior to July 1, 1991, and such listing shall be available for review in camera by the joint committee on pensions, investments and benefits and as may be required under the provisions of the legislative post audit act.
History: L. 1961, ch. 427, § 7; L. 1971, ch. 185, § 15; L. 1976, ch. 345, § 1; L. 1978, ch. 330, § 8; L. 1981, ch. 309, § 1; L. 1992, ch. 218, § 4; L. 1995, ch. 267, § 4; L. 1998, ch. 201, § 12; July 1.
History: L. 1961, ch. 427, § 7; L. 1971, ch. 185, § 15; L. 1976, ch. 345, § 1; L. 1978, ch. 330, § 8; L. 1981, ch. 309, § 1; L. 1992, ch. 321, § 24; Repealed, L. 1995, ch. 267, § 42; July 1.
(1) The board shall appoint an executive director and shall establish the compensation therefor. Subject to the direction of the board, the executive director shall be the managing officer of the system and shall have charge of the office, records and supervision and direction of the employees of the system. The executive director shall be in the unclassified service under the Kansas civil service act.
(2) The executive director shall recommend to the board the administrative organization, the number and qualifications of employees necessary to carry out the intent of this act and the directions of the board. Upon approval of the board, the executive director is authorized to employ such persons in accordance with the Kansas civil service act.
(3) The board of trustees shall select and employ or retain a qualified actuary who shall serve at its pleasure as its technical advisor on matters regarding operation of the system. The actuary shall:
(a) Make an annual valuation of the liabilities and reserves of the system, and a determination of the contributions required by the system to discharge its liabilities and administrative costs under this act, and recommend to the board rates of employer contributions required to establish and maintain the system on an actuarial reserve basis. Such recommended employer contributions shall not be based on any other purpose outside of the needs of the system as prescribed by this subsection;
(b) commencing from the most recent actuarial experience study completed prior to July 1, 2021, every four years, or more or less frequently if deemed necessary by the board in the exercise of the board's fiduciary duty to act in the best interest of the Kansas public employees retirement fund, make a general investigation of the actuarial experience under the system including mortality, retirement, employment turnover, member compensation, inflation and investment returns, and recommend actuarial tables for use in valuations and in calculating actuarial equivalent values based on such investigation. Any adjustment by the board to the frequency of such investigation shall be not more frequent than once every three years and not less frequent than once every five years;
(c) cooperate with and provide any assistance to the actuary, the legislative coordinating council and the joint committee on pensions, investments and benefits related to the independent actuarial audit and evaluation as provided in K.S.A. 74-4908a, and amendments thereto; and
(d) perform such other duties as may be assigned by the board.
(4) The attorney general of the state shall furnish such legal services as may be necessary upon receipt of a request from the board, except that legal services may be furnished by other counsel as the board in its discretion deems necessary and prudent.
(5) The board shall employ or retain qualified investment counsel or counselors or may negotiate with a trust company to assist and advise in the judicious investment of funds as herein provided.
(6) Subject to limitations imposed pursuant to this subsection and otherwise provided by law, the board may appoint such officers and employees necessary to advise and assist the board in the performance of powers, duties and functions relating to the management and investment of the fund and in such other matters as may be directed by the board. Such appointed officers and employees shall be in the unclassified service under the Kansas civil service act. The provisions of this subsection shall not affect the classified status of any employee in the classified service under the Kansas civil service act who is employed on the date immediately preceding July 1, 2014. The board is authorized to assign any new or vacant position created by the system on or after the effective date of this act to the classified or unclassified service under the Kansas civil service act. The compensation of such appointed officers and employees in the unclassified service under the Kansas civil service act shall be established by the board.
(7) The board may establish a program for the paying of bonus awards to unclassified officers and employees pursuant to procedures established by the board.
History: L. 1961, ch. 427, § 8; L. 1967, ch. 434, § 39; L. 1981, ch. 310, § 1; L. 1982, ch. 319, § 14; L. 1992, ch. 218, § 5; L. 1992, ch. 321, § 28; L. 1993, ch. 227, § 13; L. 1994, ch. 293, § 8; L. 1995, ch. 267, § 5; L. 1996, ch. 266, § 6; L. 1998, ch. 201, § 13; L. 2001, ch. 209, § 7; L. 2003, ch. 155, § 3; L. 2014, ch. 53, § 1; L. 2021, ch. 75, § 1; July 1.
Commencing in the fiscal year that commenced in calendar year 1995 and at least once every six years thereafter, there shall be an independent actuarial audit and evaluation of the actuarial services and valuations provided to the board of trustees of the Kansas public employees retirement system pursuant to K.S.A. 74-4908(3), and amendments thereto. Such independent audit and evaluation shall be conducted by an actuary other than the actuary employed or retained by the board pursuant to K.S.A. 74-4908(3), and amendments thereto. Such independent audit and evaluation shall include a review of all assumptions, evaluations and methodology utilized by the actuary employed or retained by the board as provided in K.S.A. 74-4908(3), and amendments thereto, and shall express an opinion regarding the reasonableness or accuracy of the actuarial assumptions, actuarial cost methods, valuation results and statutory contribution rates and shall include certifications that the actuarial valuation report was performed by a qualified actuary, that the valuation was prepared in accordance with principles of practices prescribed by the actuarial standards board and that the actuarial calculations were performed by qualified actuaries in accordance with accepted actuarial procedures and that such actuary conducting the independent actuarial audit and evaluation shall perform test work on the data used by the system for the annual valuation and actuarial experience review required by K.S.A. 74-4908, and amendments thereto. The actuary conducting the independent actuarial audit and evaluation as required by this section shall be employed by the legislative coordinating council as provided in K.S.A. 46-1204, and amendments thereto.
History: L. 1995, ch. 267, § 32; L. 2021, ch. 75, § 2; July 1.
(1) The board of trustees shall be responsible for the general administration of the system, subject to the provisions of this act.
(2) The board shall establish rules and regulations for the administration of the system and for the transaction of business consistent with law, which rules and regulations shall be filed in the office of the secretary of state.
(3) The board shall be responsible for the installation of a complete and adequate system of accounts and records. The board shall contract with the department of administration to provide such accounting services as are necessary to avoid duplication of efforts and promote efficiency. The board shall pay the department of administration an amount not exceeding the actual cost incurred in providing this service, which payments shall be deposited in the state treasury and then credited to the state general fund.
(4) All meetings of the board shall be open to the public. The board shall keep a record of all proceedings.
(5) The board may prescribe rules and regulations for the determination of the value of maintenance, board, lodging, laundry and other allowances to employees in lieu of money.
(6) The board may adopt all necessary actuarial tables to be used in the operation of the system as recommended by the actuary, and may compile such additional data as may be necessary for required actuarial valuations and calculations. Whenever the amount of any benefit is to be determined on the basis of actuarial assumptions, the assumptions specified by the board in a way that precludes employer discretion.
(7) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, the board or the investment committee may invest all cash not required for current payments in securities eligible for investment under this act. All actions of the investment committee shall be reported to the board at the first meeting of the board following the action of the investment committee.
(8) The board, as soon after the close of the fiscal year as practical, shall publish for distribution among members a financial statement showing the financial status of the system.
(9) All decisions of the board as to questions of fact shall be final and conclusive on all persons except for the right of review as provided by law and except for fraud or such gross mistake of fact as to have an effect equivalent to fraud.
(10) Each member's account and records shall be administered in a confidential manner and specific data regarding the member shall not be released unless authorized in writing by the member; however, the board may release information to the employer or to other state and federal agencies as the board deems necessary.
(11) The board shall develop and adopt a specific plan which outlines strategies, goals, procedures and related costs, including additional employees necessary to carry out the provisions of this subsection, to provide for the system's internal management of the investment and reinvestment of moneys of the fund as provided in K.S.A. 74-4921, and amendments thereto. Such internal management would replace the management of all or part of the fund by persons the board has contracted with as provided in K.S.A. 74-4921(7), and amendments thereto. The board shall report such plan developed pursuant to this subsection to the legislature and the governor on or before January 1, 1993.
(12) The board shall adopt rules and regulations providing the requirements and procedures for the election of members of the board by members and retirants of the system as provided in K.S.A. 74-4905(a)(2), and amendments thereto, and for the filling of any vacancy involving such elected member of the board.
(13) The board shall cooperate with and provide any assistance to the actuary, the legislative coordinating council and the joint committee on pensions, investments and benefits related to the independent actuarial audit and evaluation as provided in K.S.A. 74-4908a, and amendments thereto.
(14) The board shall be responsible for the administration of the Kansas public employees deferred compensation plan and all related functions as prescribed in K.S.A. 74-4911f, 74-49b01 through 74-49b06, and amendments thereto, and the Kansas public employees deferred compensation act, K.S.A. 74-49b07 et seq., and amendments thereto.
(15) The board is hereby authorized and empowered, in the exercise of its fiduciary duty to act in the best interest of the Kansas public employees retirement fund, and in the maintenance of transparency in state government, to:
(a) Develop policies and procedures generally applicable to the procurement of goods and services, based upon sound business practices;
(b) make and enter into contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act in a manner consistent with the professional services sunshine act, K.S.A. 75-37,130 through 75-37,135, and amendments thereto; and
(c) authorize in-state and out-of-state travel for trustees and employees of the system in accordance with the provisions of K.S.A. 75-3203a, and amendments thereto.
History: L. 1961, ch. 427, § 9; L. 1963, ch. 412, § 4; L. 1974, ch. 336, § 1; L. 1982, ch. 319, § 16; L. 1988, ch. 366, § 22; L. 1992, ch. 218, § 6; L. 1995, ch. 267, § 31; L. 1998, ch. 64, § 27; L. 2007, ch. 74, § 7; L. 2019, ch. 50, § 2; July 1.
The board of trustees of the Kansas public employees retirement system shall conduct a study which shall be reported to the legislature at the beginning of the 1996 regular session of the legislature. The study shall be conducted to determine and analyze the effects of converting the systems administered by the board of trustees from defined benefit plans to defined contribution plans with respect to current or future state employee members of such systems, or both.
History: L. 1995, ch. 267, § 41; July 1.
Notwithstanding any provision of law to the contrary, whenever the Kansas public employees retirement system board of trustees is directed to invest and reinvest and manage any moneys or funds pursuant to law, other than as provided pursuant to K.S.A. 74-4921, and amendments thereto, or any other provision related to the Kansas public employees retirement system and systems thereunder, the board may charge a fee to cover the board's expenses, related to such investment and management services. The provisions of this section shall be part of and supplemental to the provisions of K.S.A. 74-4901 et seq., and amendments thereto. The provisions of this section shall be effective on and after July 1, 2000.
History: L. 2000, ch. 152, § 37; May 25.
(1) An eligible employer may join the system on January 1 of any year. Application for affiliation shall be in the form of a resolution approved by the governing or legislative body of the eligible employer or by any other body or officer authorized by law or recognized by the board to approve the action. Such application may be for participation with regard to: (a) All employees who are employed by the participating employer on or after the employer's entry date; (b) all employees employed by the participating employer immediately prior to and on the employer's entry date; or (c) all individuals which are referred to in subsections (1)(a) and (1)(b). The application shall include a statement of the group or groups to be covered. Any such application, upon approval by the board of trustees, shall be irrevocable, except that extension of coverage to any of the employee groups referred to in subsections (1)(a) or (1)(b) not covered in the employer's initial application may be obtained by supplemental application to the board, in such form as may be provided by the board, with such coverage to be effective on January 1 of any succeeding year. No city or township shall become a participating employer except by the adoption of a resolution therefor, which shall be published once in the official city or township newspaper or, if there is none, in a newspaper of general circulation in the city or county. No such resolution shall take effect until 60 days after its final publication. If within 60 days of its final publication a petition signed by electors equal in number to not less than 10% of the electors who voted at the last preceding regular election in the township, in the case of townships, the last regular city election in the city, in the case of cities is filed in the office of the clerk of such city, or township demanding that such resolution be submitted to a vote of the electors, the resolution shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon. A ⅔ vote of the members-elect of the governing body shall be necessary for the affiliation of any eligible employer other than a city or township. An application for affiliation with the system shall be filed with the board not later than 30 days prior to the date participation is to begin, except as such time limit may be extended by the board. Upon the filing of a certified copy of such resolutions with the board an election pursuant to this section shall be irrevocable, and the employer shall become a participating employer on January 1 of the year immediately following the filing of such election with the board.
(2) The state of Kansas in its capacity as an eligible employer, shall become, by operation of law, a participating employer on the first entry date. The Kansas turnpike authority shall not become a participating employer nor shall its officers or employees be covered by the retirement system until such time as its governing body by a ⅔ vote of the members of such governing body adopts a resolution for affiliation and files the same in the same manner and on the same conditions as in the case of an eligible employer other than a city or township.
(3) If a participating employer is paying or has paid the salary or other compensation of the judge, clerk or any other employee, whether elective or appointive, such judge, clerk or other employee of such court or courts, whether elective or appointive, shall be deemed an employee of the participating employer. Such employee shall be governed by the provisions governing other eligible employees of such participating employer. Any participating employer which has not heretofore included such employees as eligible employees under the retirement system shall on the first day of the month coinciding with or following the effective date of this act include such employees if otherwise eligible as eligible employees under the retirement system. Such employees, whether elective or appointive, if employed on the employer's entry date may elect to pay the employee contributions from the employer's entry date and thereby be governed by the provisions governing other employees employed by the participating employer on entry date except that no such employee shall be considered to be a new employee on the first day of the month coinciding with or following the effective date of this act and commence making employee contributions in compliance with other provisions governing the retirement system and the participating employer shall make the employer contributions in accordance with the alternative elected by the employee and other provisions governing the retirement system.
(4) Any employer whose employees are covered by social security and who otherwise do not meet the provisions of subsection (13) of K.S.A. 74-4902, and amendments thereto, may elect to affiliate under this section upon meeting the definition of a governmental entity or instrumentality as determined by the system. If, subsequent to such determination, the United States internal revenue service determines that such employer does not meet the definition of a governmental entity or instrumentality, such affiliation shall be null and void and all employee accrued rights associated with such affiliation shall be null and void and the system shall refund such amounts presently credited to each employee's account and an equivalent amount to the employer for each employee. The provisions of this subsection shall apply to current and future participating employers.
(5) For affiliations on and after January 1, 1999, any eligible employer, prior to the filing of an application for affiliation under this system, shall request the board of trustees to submit a proposal for such affiliation including an estimate of the employer's contribution rate necessary to comply with the actuarial standard of this system. Such eligible employer shall furnish all necessary data from which such proposal is prepared, and shall pay all costs involved.
History: L. 1961, ch. 427, § 10; L. 1963, ch. 412, § 5; L. 1969, ch. 377, § 1; L. 1970, ch. 320, § 1; L. 1976, ch. 145, § 238; L. 1981, ch. 173, § 77; L. 1992, ch. 321, § 29; L. 1996, ch. 266, § 7; L. 1998, ch. 201, § 14; L. 2012, ch. 11, § 1; July 1.
(a) The Kansas advocacy board shall be an eligible employer in the Kansas public employees retirement system for all purposes under the system. The Kansas advocacy board may affiliate with the system on July 1, 1989, or on any entry date thereafter.
(b) The provisions of this section shall be effective on and after July 1, 1989.
History: L. 1989, ch. 232, § 32; May 25.
(1) Any employee of a participating employer other than an elected official on the entry date of such employer shall be a member of the system on either the entry date or the first day of the payroll period coinciding with or following the completion of one year of service, whichever is later, except that an employee of a participating employer who was first employed by a participating employer on or after July 1, 2008, but before July 1, 2009, shall be a member on July 1, 2009, and except that an employee who is first employed by a participating employer on or after July 1, 2009, shall be a member of the system on the first day of employment of such employee with such participating employer. On and after July 1, 2019, employees employed in direct support positions of an affiliated employer organized under K.S.A. 19-4001, and amendments thereto, or defined under K.S.A. 39-1803, and amendments thereto, may become a member of the system on the first day of the payroll period coinciding with or following the completion of a two-year period of training, whichever is later. For purposes of this act occasional breaks in service which shall not exceed an aggregate of 10 days in any such year shall not constitute a break in service for purposes of determining the membership date of such employee.
(2) Except as otherwise provided in this subsection, any employee other than an elected official who is employed by a participating employer after the entry date of such employer shall be a member of the system on the first day of the payroll period coinciding with or following completion of one year of continuous service. For purposes of this act, occasional breaks in service which shall not exceed an aggregate of 10 days in any such year shall not constitute a break in continuous service for purposes of determining the membership date of such employee. For purposes of this subsection, any employee of a local governmental unit which has its own pension plan who becomes an employee of a participating employer as a result of a merger or consolidation of services provided by local governmental units, which occurred on January 1, 1994, may count service with such local governmental unit in determining whether such employee has met the one year of continuous service requirement contained in this subsection.
(3) Any employee who is an elected official and is eligible to join the system shall file, within 90 days after taking the oath of office, an irrevocable election to become or not to become a member of the system. Such election shall become effective immediately upon making such election, if such election is made within 14 days of taking the oath of office or, otherwise, on the first day of the first payroll period of the first quarter following receipt of the election in the office of the retirement system. In the event that such elected official fails to file the election to become a member of the retirement system, it shall be presumed that such person has elected not to become a member.
(4) Except as otherwise required by USERRA, any employee other than an elected official who is in military service or on leave of absence on the entry date of such employee's employer shall become a member of the system upon returning to active employment or on the first day of the payroll period coinciding with or following the completion of one year of service, whichever is later. For purposes of this act, occasional breaks in service which shall not exceed an aggregate of 10 days in any such year shall not constitute a break in service for purposes of determining the membership date of such employee.
(5) Any employee of the state of Kansas other than an elected official, who is receiving or is eligible for assistance by the state board of regents in the purchase of a retirement annuity under K.S.A. 74-4925, and amendments thereto, and who becomes ineligible for such assistance because such employee's position is reclassified to a position in the classified service under the Kansas civil service act, or who becomes ineligible for such assistance because such person accepts and transfers to a position in the classified service under the Kansas civil service act shall be a member of the system on the first day of the payroll period coinciding with or following the effective date of such reclassification or transfer. Any such employee who became ineligible for such assistance prior to April 15, 1977, because of such a reclassification or such a transfer occurring prior to April 15, 1977, and who is not a member of the system on April 15, 1977, shall be a member of the system on the first day of the payroll period coinciding with or following April 15, 1977.
(6) Any employee of the state board of regents or of an educational institution under its management, other than an elected official, who is a member of the system and who becomes ineligible to be a member of the system because such employee's position is reclassified to a position under the Kansas civil service act which is eligible for assistance by the state board of regents in the purchase of a retirement annuity under K.S.A. 74-4925, and amendments thereto, or who becomes ineligible to be a member of the system because such employee transfers to a position under the Kansas civil service act which is eligible for such assistance, shall become eligible for such assistance in accordance with the provisions of K.S.A. 74-4925, and amendments thereto, unless such employee files a written election in the office of the retirement system, in the form and manner prescribed by the board of trustees thereof, to remain a member of the system prior to the first day of the first complete payroll period occurring after the effective date of such reclassification or transfer. Failure to file such written election shall be presumed to be an election not to remain a member of the system and to become eligible for assistance by the state board of regents in the purchase of a retirement annuity under K.S.A. 74-4925, and amendments thereto. Such election, whether to remain a member of the system or to become eligible for such assistance, shall be effective as of the effective date of such reclassification or transfer, and shall be irrevocable.
(7) Any elected official who at the time of becoming an elected official is already a member of the system by being or having been an employee of a participating employer shall continue as a member of the system.
History: L. 1961, ch. 427, § 11; L. 1965, ch. 446, § 2; L. 1967, ch. 427, § 2; L. 1974, ch. 390, § 15; L. 1977, ch. 273, § 1; L. 1979, ch. 246, § 1; L. 1983, ch. 254, § 4; L. 1985, ch. 254, § 8; L. 1986, ch. 294, § 2; L. 1992, ch. 321, § 6; L. 1994, ch. 293, § 9; L. 1998, ch. 64, § 28; L. 1998, ch. 201, § 15; L. 2007, ch. 164, § 14; L. 2019, ch. 50, § 3; L. 2024, ch. 65, § 8; July 1.
Any election not to participate in the Kansas public employees retirement system which was filed with the office of the Kansas public employees retirement system prior to January 1, 1975, by an elected official who was a member of the Kansas public employees retirement system at the time of taking the oath of office, shall have full force and effect from the date of filing even though such election was void at the time of filing.
History: L. 1975, ch. 413, § 1; April 25.
History: L. 1978, ch. 320, § 2; L. 1984, ch. 289, § 5; L. 1990, ch. 282, § 5; L. 1993, ch. 227, § 14; L. 1995, ch. 267, § 6; Repealed, L. 1998, ch. 64, § 95; July 1.
(a) Each person who is an employee of a participating employer on June 30, 1982, who was barred from membership in the Kansas public employees retirement system under the law in effect on June 30, 1982, by reason of coverage by, eligibility for or future eligibility for another retirement plan authorized under any other law of this state, and who is made eligible by this act to be a member of the Kansas public employees retirement system, may make an election in accordance with this section to become a member of that system. No such person shall become a member of the Kansas public employees retirement system in accordance with this section and K.S.A. 74-4911 or 74-4935 and amendments thereto, whichever is applicable, unless such person files a written statement of election to become a member of the system under this section. A written statement of election to become a member of the system shall be filed with the board of trustees. Each election by filing a written statement of election under this section shall be effective on the first day of the first payroll period of the calendar quarter coinciding with or following the date of such filing and shall be irrevocable.
(b) No election shall be made as provided in subsection (a) after June 30, 1998.
History: L. 1982, ch. 319, § 12; L. 1998, ch. 64, § 29; July 1.
Each person who is an employee of a participating employer on June 17, 1983, who was barred from membership in the Kansas public employees retirement system under the law in effect on June 17, 1983, by reason of having attained age 59 at entry of employment, and who is made eligible by this act to be a member of the Kansas public employees retirement system, may make election in accordance with this section to become a member of that system. No such person shall become a member of the Kansas public employees retirement system in accordance with this section and K.S.A. 74-4911 or 74-4935, whichever is applicable, and amendments to such sections, unless such person files a written statement of election to become a member of the system under this section. A written statement of election to become a member of the system shall be filed with the board of trustees. Each election by filing a written statement of election under this section shall be effective on the first day of the first payroll period of the reporting quarter coinciding with or following the date of such filing and shall be irrevocable.
History: L. 1983, ch. 254, § 19; June 18.
(a) Each person who is an elected official on and after January 1, 1985, and who is a member of the Kansas public employees retirement system, may elect to continue to participate in the Kansas public employees retirement system under the provisions of this act after the date such person's service as an elected official terminates unless such person immediately becomes an employee of another participating employer. Such person's election is valid only if such person files notice of such election in the office of the executive director of the Kansas public employees retirement system, in a form acceptable to the system, within 30 days of the termination of such person's service as an elected official.
(b) For the purposes of contributions to and benefits under the Kansas public employees retirement system, compensation of such members shall be a monthly amount equal to the greater of (1) the compensation to which the elected official was entitled for services as an elected official during the period January 15 to February 14, inclusive, of the most recent year, or (2) the monthly amount of such person's compensation at the time that such person's service as an elected official terminates. The employer rate of contribution for the state of Kansas and employee rate of contribution shall be applied to such amounts monthly. Such person shall remit the required employer and employee contributions to the system quarterly in advance with a report as may be required by the system.
(c) Any election by such person under subsection (a) shall remain in effect until revoked in writing and received by the system or such person becomes an employee of another participating employer or upon failure of such person to remit to the system the employer and employee contributions required under subsection (b).
(d) This act or acts amendatory thereof and supplemental thereto shall become a part of the Kansas public employees retirement act as defined in subsection (2) of K.S.A. 74-4902 and amendments thereto and shall be governed thereby in all respects, except if words and phrases used in this act appear to have a different meaning, the provisions of this act shall prevail.
(e) The provisions of subsection (2) of K.S.A. 74-4916 and amendments thereto are not applicable to any person making an election under subsection (a).
(f) No election shall be made as provided in subsection (a) after June 30, 1998.
History: L. 1985, ch. 254, § 26; L. 1987, ch. 299, § 11; L. 1998, ch. 64, § 30; L. 2001, ch. 209, § 8; May 31.
(a) Subject to procedures or limitations prescribed by the governor, any person who is not an employee and who becomes a state officer may elect to not become a member of the system. The election to not become a member of the system must be filed within 90 days of assuming the position of state officer. Such election shall be irrevocable. If such election is not filed by such state officer, such state officer shall be a member of the system.
(b) Any such state officer who is a member of the Kansas public employees retirement system, on or after the effective date of this act, may elect to not be a member by filing an election with the office of the retirement system. The election to not become a member of the system must be filed within 90 days of assuming the position of state officer. If such election is not filed by such state officer, such state officer shall be a member of the system.
(c) Subject to limitations prescribed by the board, the state agency employing any employee who has filed an election as provided under subsection (a) or (b) and who has entered into an employee participation agreement, as provided in K.S.A. 74-49b10, and amendments thereto, for deferred compensation pursuant to the Kansas public employees deferred compensation plan shall contribute to such plan on such employee's behalf an amount equal to 8% of the employee's salary, as such salary has been approved pursuant to K.S.A. 75-2935b, and amendments thereto, or as otherwise prescribed by law. With regard to a state officer who is a member of the legislature who has retired pursuant to the Kansas public employees retirement system and who files an election as provided in this section, employee's salary means per diem compensation as provided by law as a member of the legislature.
(d) As used in this section and K.S.A. 74-4927k, and amendments thereto, "state officer" means the secretary of administration, secretary for aging and disability services, secretary of commerce, secretary of corrections, secretary of health and environment, secretary of labor, secretary of revenue, secretary for children and families, secretary of transportation, secretary of wildlife and parks, superintendent of the Kansas highway patrol, secretary of agriculture, executive director of the Kansas lottery, executive director of the Kansas racing commission, president of the Kansas development finance authority, state fire marshal, state librarian, securities commissioner, adjutant general, members and chief hearing officer of the state board of tax appeals, members of the state corporation commission, any unclassified employee on the staff of officers of both houses of the legislature, any unclassified employee appointed to the governor's or lieutenant governor's staff, any person employed by the legislative branch of the state of Kansas, other than any such person receiving service credited under the Kansas public employees retirement system or any other retirement system of the state of Kansas therefor, who elected to be covered by the provisions of this section as provided in K.S.A. 46-1302(e), and amendments thereto, or who is first employed on or after July 1, 1996, by the legislative branch of the state of Kansas and any member of the legislature who has retired pursuant to the Kansas public employees retirement system.
(e) The provisions of this section shall not apply to any state officer who has elected to remain eligible for assistance by the state board of regents as provided in K.S.A. 74-4925(a), and amendments thereto.
History: L. 1988, ch. 302, § 31; L. 1995, ch. 267, § 7; L. 1996, ch. 93, § 2; L. 1996, ch. 266, § 8; L. 1997, ch. 160, § 40; L. 1998, ch. 64, § 31; L. 2003, ch. 155, § 7; L. 2004, ch. 179, § 101; L. 2007, ch. 74, § 8; L. 2008, ch. 109, § 65; L. 2012, ch. 16, § 27; L. 2014, ch. 141, § 72; L. 2015, ch. 100, § 10; L. 2023, ch. 7, § 121; July 1.
History: L. 1992, ch. 321, § 18; Repealed, L. 1998, ch. 64, § 95; July 1.
History: L. 1988, ch. 302, § 31; L. 1995, ch. 267, § 7; L. 1996, ch. 93, § 2; L. 1996, ch. 266, § 8; L. 1997, ch. 160, § 40; L. 1998, ch. 64, § 31; L. 2003, ch. 154, § 30; L. 2004, ch. 179, § 102; Repealed, L. 2005, ch. 186, § 22; May 12.
An employee of a participating employer, as defined in K.S.A. 74-4902, and amendments thereto, in the Kansas public employees retirement system, who is a fireman as defined in K.S.A. 74-4952, and amendments thereto; an emergency medical service technician as defined in K.S.A. 74-4954a, and amendments thereto; or a policeman as defined in K.S.A. 74-4952, and amendments thereto; and who is, or who will be, upon satisfying any required eligibility waiting period, an active member in either: (a) A retirement plan originally established by a not-for-profit, nongovernmental fire department as of January 1, 1969, and subsequently maintained by a participating employer; or (b) a retirement plan for policemen established by a participating employer as of March 1, 1968, to replace a retirement plan for policemen that was originally established on April 6, 1961, shall be exempt from membership in the system.
History: L. 2003, ch. 155, § 18; May 29.
History: L. 1988, ch. 302, § 31; L. 1995, ch. 267, § 7; L. 1996, ch. 93, § 2; L. 1996, ch. 266, § 8; L. 1997, ch. 160, § 40; L. 1998, ch. 64, § 31; L. 2003, ch. 155, § 7; L. 2004, ch. 179, § 101; L. 2007, ch. 74, § 8; L. 2008, ch. 109, § 65; L. 2012, ch. 16, § 27; L. 2014, ch. 115, § 302; Repealed, L. 2015, ch. 100, § 17; July 1.
(1) The state of Kansas or any county, city, township, special district or instrumentality of any of the aforementioned whose employees or a class of whose employees are members of any other retirement or pension plan authorized by a statute of the state of Kansas may by resolution adopted by the board, body or officer or officers authorized to apply for application pursuant to K.S.A. 74-4910, and any amendments thereto, request the board to submit a proposal for consolidation of such other system with the Kansas public employees retirement system including an estimate of the contribution rate necessary to comply with the actuarial standard of this system. Such proposal shall provide that:
(a) The operation of such other pension system shall be discontinued;
(b) the existing retirants or annuitants of such other system shall continue to be paid by the Kansas public employees retirement system on the basis of the benefits schedule applicable in such other system at the date of proposed consolidation, except that all such benefits shall be paid in accordance with the applicable requirements of section 401 (a)(9) of the federal internal revenue code and the regulations thereto in effect on July 1, 2008, and in accordance with the provisions of K.S.A. 74-49,123, and amendments thereto. Active members of such other system shall be deemed vested in such member's accrued benefit under such system;
(c) all cash and securities to the credit of such other system shall be transferred to the Kansas public employees retirement system;
(d) funds of such other system which represent accumulated contributions, if any, of members shall be credited to the employees accumulated contribution reserve of each employee. The balance of the funds so transferred to the Kansas public employees retirement system shall be offset against the liability on account of existing retirants, annuitants and active members;
(e) the resulting liability so determined shall be the basis for a rate of contribution of such employer; and
(f) such consolidation shall take effect only on January 1 of any given year.
(2) Before any employer shall adopt a resolution of affiliation which shall propose to accept a proposal of the board as provided in this section, at least 60% of the members, not retirants or annuitants, shall approve such consolidation. The board shall prescribe the manner in which such consent shall be exercised.
History: L. 1961, ch. 427, § 12; L. 1963, ch. 412, § 6; L. 1998, ch. 64, § 32; L. 2008, ch. 113, § 11; July 1.
(1) On July 1, 1994, or any July 1 thereafter, the assets of a retirement fund under the provisions of K.S.A. 72-1759 and amendments thereto may be transferred to the Kansas public employees retirement system. The actuary for the Kansas public employees retirement system shall compute the remaining actuarial accrued liability as of the preceding June 30 and the board of education of such school district as provided in K.S.A. 72-1759 and amendments thereto shall remit to the Kansas public employees retirement system annually on July 1, for a period not to exceed the remaining amortization period under the provisions of subsection (1) of K.S.A. 74-4920 and amendments thereto an amount sufficient to retire the actuarial accrued liability.
(2) Upon such transfer of assets, all active and retired members or any person who is a joint annuitant or beneficiary of any member shall become a special member of the Kansas public employees retirement system.
History: L. 1994, ch. 293, § 38; May 5.
(1) (a) Except as otherwise provided, a vested member of the Wichita employees' retirement plan who is transferred to the employ of Sedgwick county, as a direct consequence of a transfer of function between the city of Wichita and Sedgwick county may either: (i) Elect to remain a member of the Wichita employees' retirement plan for the duration of employment by Sedgwick county; or (ii) elect to terminate membership in the Wichita employees' retirement plan and become a member of the retirement system. Such election shall be irrevocable and shall be in writing and filed with the city of Wichita and Sedgwick county within 90 days after the effective date of the transfer of function.
(b) A nonvested member of the Wichita employees' retirement plan who is transferred to the employ of Sedgwick county, as a direct consequence of a transfer of function between the city of Wichita and Sedgwick county shall terminate membership in the Wichita employees' retirement plan and become a member of the retirement system.
(c) Notwithstanding any provision of the act to the contrary, membership in the retirement system, as provided in this subsection, is restricted to employees as defined in subsection (14) of K.S.A. 74-4902 and amendments thereto. Service in force under the Wichita employees' retirement plan shall be considered credited service for the sole and exclusive purpose of meeting whether: (i) The employee has met the one year of continuous service requirement under subsection (2) of K.S.A. 74-4911 and amendments thereto; (ii) the employee has met the years of credited service requirement under subsection (6) of K.S.A. 74-4914 and amendments thereto; and (iii) the employee has met the 10 years of credited service for vesting requirement under subsection (2) of K.S.A. 74-4917 and amendments thereto. Any retirement benefit which a person becomes eligible to receive under the retirement system shall be based only on credited service under such retirement system.
(2) (a) A vested member of the retirement system who is transferred to the employ of the city of Wichita from the employ of Sedgwick county as a direct consequence of a transfer of function between the city of Wichita and Sedgwick county may either: (i) Elect to remain a member of the retirement system for the duration of employment by the city of Wichita; or (ii) elect to terminate membership in the retirement system and become a member of a Wichita employees' retirement plan. Such election shall be irrevocable and shall be in writing and filed with the city of Wichita and Sedgwick county within 90 days after the effective date of the transfer of function.
(b) A nonvested member of the retirement system who is transferred to the employ of the city of Wichita from the employ of Sedgwick county as a direct consequence of a transfer of function between the city of Wichita and Sedgwick county shall terminate membership in the retirement system and become a member of the Wichita employees' retirement plan.
(c) Notwithstanding any provision of the act to the contrary, when a vested member of the retirement system becomes a member of the Wichita employees' retirement plan and does not withdraw such member's accumulated contributions from the retirement system, service acquired and in force under the Wichita employees' retirement plan shall be considered credited service for the sole and exclusive purpose of meeting a credited service requirement for a benefit from the retirement system. Service acquired and in force under the Wichita employees' retirement plan shall not be used to determine the amount of benefit from the retirement system.
(3) A member of the Wichita employees' retirement plan who elects to remain a member of the Wichita employees' retirement plan shall not be an employee of Sedgwick county for the purposes of this act. Sedgwick county shall be the employer of an employee who elects to continue participation in the retirement system for the limited purposes of filing reports and remitting contributions to the retirement system as required under the act.
(4) For purposes of this section, retirement system means the Kansas public employees retirement system.
History: L. 1995, ch. 267, § 33; July 1.
(1) Prior service shall be credited as follows:
(a) A member shall receive full credit for continuous employment prior to the entry date with such member's employer on the entry date. If the employee was also employed on March 15 of the year immediately preceding the entry date of that employer, then all such previous employment, whether or not continuous, shall be credited; otherwise no credit shall be granted for employment prior to a break in continuous employment. Any member or retirant who was employed by any participating employer on March 15 of the year immediately preceding the entry date of that employer, may apply to the board on such forms as it may prescribe for prior service credit with a participating employer other than the member's entry date employer. Upon receipt of written verification of such employment from the participating employer, the board shall grant such additional prior service credit and with respect to a retirant, shall adjust the amount of the retirement benefit accordingly commencing with the next monthly benefit payment due following receipt of the written verification, except that such retirant shall not be entitled to any retroactive adjustment in the amount of such retirement benefit as a result of the board granting such additional prior service credit. In the case of any person other than a retirant receiving a retirement benefit, such person may make application for an adjustment in the benefit amount in the same manner as a member or retirant, and in such case the adjustment in the benefit amount shall be determined by the board upon the advice of the actuary, and shall commence with the next monthly benefit payment due following receipt of the written verification;
(b) leaves of absence and military service shall not be counted as breaks in continuous employment; however, military service which is immediately preceded and followed by employment with a participating employer shall be credited, except that after July 1, 1974, not more than five years' credit for military service shall be granted hereunder to the extent required under USERRA, but leaves of absence shall not be credited;
(c) any member who was employed in the Kansas state employment service, now a section of the Kansas division of employment security, during any of the time the Kansas state employment service was loaned by the state to the federal government (January 1, 1942, for the duration of the emergency period of world war II, which service was returned to the state by the federal government effective November 16, 1946) shall be entitled to prior service credit for the time so employed during the period stated for any service rendered under the jurisdiction of the United States employment service for the federal government in like manner as if the employment service had remained under the jurisdiction of the state of Kansas;
(d) any member who is not otherwise eligible for service credit as provided for in subsection (1)(a) may be granted credit for the service upon the attainment of 38 quarters of participating service;
(e) any member who was employed by the university of Wichita prior to July 1, 1964, shall be entitled to prior service credit for such time of employment under the Kansas public employees retirement system, when such employment is not the basis for other pension rights.
(2) Participating service shall be credited as follows: (a) A member shall receive credit for participating service with a participating employer in accordance with the rules and regulations established by the board of trustees. Any member employed as a fireman or policeman, as described in K.S.A. 74-4952(11) and (12), and amendments thereto, who is away from work or normal duties while in a paid status authorized and approved by a participating employer on and after July 1, 2014, including, without limitation, any administrative leave with pay and any paid vacation leave, sick leave, personal leave, worker's compensation leave, light duty or temporary duty assignment, shall constitute participating service and any member shall receive full credit for such participating service with a participating employer for any such period of time away from work or normal duties. If the member does not return to work for the participating employer in the same or a similar position at the conclusion of such leave, except for reasons of death or disability, the period of the leave shall be removed from service credit, and the employer and employee contributions for such period of leave shall be reimbursed by the system to the employee and the employer unless otherwise provided herein. In the case of a decision to voluntarily terminate employment, the period of leave exceeding 365 days shall be removed from service credit, and the employer and employee contributions for such period of leave shall be reimbursed by the system to the employee and the employer. However, no more than one calendar quarter of participating service shall be credited for any employment within any one calendar quarter;
(b) leaves of absence and military service shall not count as a break in continuous employment. In the case of a leave of absence, the member shall leave such member's accumulated contribution on deposit with the fund; however, the period of military service shall be credited, except that after July 1, 1974, not more than five years' credit for military service shall be granted hereunder to the extent required under USERRA, but leaves of absence shall not be credited. Employees who enter the military service from their employment after the employer's entry date and who have not completed one year of service at the time of their entry into the military service, shall not become members of the retirement system until they return to the employment of that or another participating employer. In the case of such employee whose combined public employment and military service does not equal one year at the time of such employee's return to employment, the date of membership shall be the first day of the payroll period coinciding with or following the completion of one combined public employment and military year of service. Such service shall be granted in accordance with this section;
(c) a period of retirement under the system or a period of total disability, immediately followed by employment with a participating employer, shall not count as a break in continuous employment, except that such periods while not employed shall not be credited as participating service;
(d) termination of employment, followed by employment with a participating employer within five years after such termination, does not constitute a break in continuous employment if such person has not withdrawn such person's accumulated contribution. Such period while not employed shall not be credited as participating service.
(3) In determining the number of years of credited prior service or participating service a fractional year of six months or more shall be considered as one year and a fractional year of less than six months shall be disregarded.
History: L. 1961, ch. 427, § 13; L. 1963, ch. 412, § 7; L. 1967, ch. 428, § 1; L. 1970, ch. 321, § 1; L. 1974, ch. 332, § 3; L. 1983, ch. 254, § 5; L. 1988, ch. 302, § 5; L. 1996, ch. 266, § 9; L. 1998, ch. 64, § 33; L. 1998, ch. 201, § 16; L. 2017, ch. 68, § 1; July 1.
Revisor's Note: Transferred to 74-49a01 to 74-49a10.
(1) The normal retirement date for a member of the system shall be the first day of the month coinciding with or following termination of employment with any participating employer not followed by employment with any participating employer within 60 days, or 180 days as provided in subsection (9), and without any prearranged agreement for employment with any participating employer, and the attainment of age 65 or, commencing July 1, 1993, age 62 with the completion of 10 years of credited service or the first day of the month coinciding with or following the date that the total of the number of years of credited service and the number of years of attained age of the member is equal to or more than 85. In no event shall a normal retirement date for a member be before six months after the entry date of the participating employer by whom such member is employed. A member may retire on the normal retirement date or on the first day of any month thereafter upon the filing with the office of the retirement system of an application in such form and manner as the board shall prescribe. Such application shall contain a certification by the member that the member will not be employed with any participating employer within 60 days, or 180 days as provided in subsection (9), of retirement and the member has not entered into a prearranged agreement for employment with any participating employer. Nothing herein shall prevent any person, member or retirant from being employed, appointed or elected as an employee, appointee, officer or member of the legislature. Elected officers may retire from the system on any date on or after the attainment of the normal retirement date, but no retirement benefits payable under this act shall be paid until the member has terminated such member's office.
(2) No retirant shall make contributions to the system or receive service credit for any service after the date of retirement.
(3) Any member who is an employee of an affiliating employer pursuant to K.S.A. 74-4954b, and amendments thereto, and has not withdrawn such member's accumulated contributions from the Kansas police and firemen's retirement system may retire before such member's normal retirement date on the first day of any month coinciding with or following the attainment of age 55.
(4) Any member may retire before such member's normal retirement date on the first day of any month coinciding with or following termination of employment with any participating employer not followed by employment with any participating employer within 60 days, or 180 days as provided in subsection (9), and the attainment of age 55 with the completion of 10 years of credited service, but in no event before six months after the entry date, upon the filing with the office of the retirement system of an application for retirement in such form and manner as the board shall prescribe. The member's application for retirement shall contain a certification by the member that the member will not be employed with any participating employer within 60 days, or 180 days as provided in subsection (9), of retirement and the member has not entered into a prearranged agreement for employment with any participating employer.
(5) For purposes of this section, any employee of a local governmental unit that has its own pension plan who becomes an employee of a participating employer as a result of a merger or consolidation of services provided by local governmental units, that occurred on January 1, 1994, may count service with such local governmental unit in determining whether such employee has met the years of credited service requirements contained in this section.
(6) (a) Commencing January 1, 2018, for all retirements that occurred prior to such date, any retirant who is employed or appointed in or to any position by a participating employer, an independent contractor or a third-party entity who contracts services with a participating employer to fill a position, without any prearranged agreement with such participating employer and not prior to 60 days after such retirant's retirement date, shall not be subject to an earnings limitation that when met or exceeded requires that the retirant not receive a retirement benefit for any month for which such retirant serves in such position. If a retirant is employed in a covered position, as defined in K.S.A. 74-49,202, and amendments thereto, the participating employer of such retirant shall pay to the system the statutorily prescribed employer contribution rate on the first $40,000 of such retirant's compensation in a calendar year and a 30% employer contribution on any compensation in excess of $40,000 in a calendar year during any such period of employment. If a retirant is employed by more than one participating employer or performing duties in more than one position, contributions shall be made on compensation from all such employment for that calendar year. If a retirant is employed in a non-covered position, no employer contribution shall be paid to the system.
(b) The provisions of this subsection shall not apply, except as specifically provided in this subsection, to retirants who are:
(i) Licensed professional nurses or licensed practical nurses employed by the state of Kansas in an institution as defined in K.S.A. 76-12a01(b) or 38-2302(k), and amendments thereto, the Kansas soldiers' home or the Kansas veterans' home. The participating employer of such retirant shall pay to the system the actuarially determined employer contribution based on the retirant's compensation and the statutorily prescribed employee contribution during any such period of employment;
(ii) employed by a school district in a position as provided in K.S.A. 74-4937(3), and amendments thereto;
(iii) certified law enforcement officers employed by the law enforcement training center. Such law enforcement officers shall receive their benefits notwithstanding this subsection. The law enforcement training center shall pay to the system the actuarially determined employer contribution and the statutorily prescribed employee contribution based on the retirant's compensation during any such period of employment;
(iv) members of the Kansas police and firemen's retirement system pursuant to K.S.A. 74-4951 et seq., and amendments thereto, members of the retirement system for judges pursuant to K.S.A. 20-2601 et seq., and amendments thereto, or members of the state board of regents retirement plan pursuant to K.S.A. 74-4925 et seq., and amendments thereto;
(v) employed as substitute teachers without a contract or officers, employees or appointees of the legislature;
(vi) a poll worker hired to work an election day for a county election officer responsible for conducting all official elections held in the county;
(vii) employed by, or have accepted employment from, a participating employer prior to May 1, 2015. Any break in continuous employment by a retirant or move to a different position by a retirant during the effective period of this subsection shall be deemed new employment and shall subject the retirant to the provisions of this subsection. Commencing January 1, 2018, the participating employer of a retirant described in this subparagraph who is employed in a covered position, as defined in K.S.A. 74-49,202, and amendments thereto, shall pay to the system the statutorily prescribed employer contribution rate on the first $40,000 of such retirant's compensation in a calendar year and a 30% employer contribution on any compensation in excess of $40,000 in a calendar year during any such period of employment. If a retirant is employed by more than one participating employer or performing duties in more than one position, contributions shall be made on compensation from all such employment for that calendar year. If a retirant is employed in a non-covered position, no employer contribution shall be paid to the system;
(viii) state or local elected officials. A retirant shall not be employed in an elected office within 30 days of such retirant's retirement, except that if a retirant is filling a vacant elected office, no waiting period shall be required;
(ix) employed by the Kansas academies of the United States department of defense STARBASE program; or
(x) employed as a licensed professional nurse, licensed practical nurse or in a direct support position of an affiliated employer organized under K.S.A. 19-4001, and amendments thereto, or defined under K.S.A. 39-1803, and amendments thereto.
(c) The participating employer shall enroll all retirants, including retirants under subsection (6)(b)(i), (ii), (iii), (vii) and (viii), and report to the system when compensation is paid to a retirant as provided in this subsection. Such report shall contain a certification by the appointing authority of the participating employer that any hired retirant has not been employed by the participating employer within 60 days of such retirant's retirement and that there was no prearranged agreement for employment between the participating employer and the hired retirant. Upon request of the executive director of the system, the participating employer shall provide such information as may be needed by the executive director to carry out the provisions of this subsection. No retirant shall make contributions to the system or receive credit for service while employed under the provisions of this subsection.
(d) Retirants who are independent contractors or employees of third-party entities who contract with a participating employer, shall not be subject to the compensation limitation or employer contribution requirements in this subsection or the requirements of paragraph (c) regarding enrollment and reporting to the system, so long as all of the following apply:
(A) The contractual relationship was not created to allow the retirant to continue employment with the participating employer after retirement in a position similar to the one such retirant held prior to retirement;
(B) the activities performed by the independent contractor or third-party entity are not normally performed exclusively by employees of that participating employer; and
(C) the retirant meets the classification of independent contractor as provided in K.S.A. 44-768, and amendments thereto, or activities performed by the third-party entity that employs the retirant are performed on a limited-term basis and the third-party entity is not a participating employer in the system.
(e) Nothing in this subsection shall be construed to create any right, or to authorize the creation of any right, which is not subject to amendment or nullification by act of the legislature.
(7) (a) Except as provided in paragraph (b), if determined by the retirement system that a retirant entered into a prearranged agreement for employment with a participating employer prior to such retirant's retirement and prior to the end of the subsequent 60-day waiting period, or the 180-day waiting period under subsection (9), the monthly retirement benefit of such retirant shall be suspended during the period that begins on the month in which the retirant is re-employed and ends six months after the retirant's termination of such employment. The retirant shall repay to the retirement system all monthly retirement benefits paid to the retirant by the retirement system that the retirant received after such employment began. The participating employer which hired such retirant shall be required to pay to the system any fees, fines, penalties or any other cost imposed by the internal revenue service and indemnify the system for any cost incurred by the system to defend any action brought by the internal revenue service based on in-service distributions which are a result of any determined prearranged agreement and for any cost incurred by the system to collect any monthly retirement benefit required to be repaid by such retirant pursuant to this subsection.
(b) For members who retired on and after July 1, 2016, and on or before July 1, 2019, if determined by the retirement system that a retirant entered into a prearranged agreement for employment with a participating employer prior to such retirant's retirement date and the subsequent 60-day waiting period, or the 180-day waiting period under subsection (9), and upon being notified of the violation, the retirant terminated such employment, the provisions of paragraph (a) shall not apply. If any retirant had benefits suspended prior to July 1, 2019, such benefits shall be reimbursed by the retirement system, if the retirant terminated such prearranged employment in accordance with the provisions of this act. On and after July 1, 2019, the executive director may waive such penalties under this subsection if it is determined by the retirement system that any of the following conditions were satisfied:
(i) The retirant's total length of reemployment was less than 21 calendar days;
(ii) the retirant's total compensation during the total length of reemployment was less than 10% of the amount of such retirant's retirement benefit that would be suspended pursuant to this subsection; or
(iii) other facts and circumstances indicated that the retirant would not have been reemployed but for an error on the part of the participating employer or the retirement system in verifying the retirement status of such retirant and such retirant immediately terminated employment upon being notified of the violation.
(c) On or before the first day of each regular session of the legislature, beginning with the 2020 regular session, the executive director shall submit an annual report on the number of waivers granted pursuant to paragraph (b) in the prior calendar year to the joint committee on pensions, investments and benefits, the house of representatives standing committee on financial institutions and pensions and the senate standing committee on financial institutions and insurance, or the successors of such committees.
(8) For the purposes of this section a prearranged agreement for employment may be determined by whether the facts and circumstances of the situation indicate that the employer and employee reasonably anticipated that further services would be performed after the employee's retirement.
(9) (a) Notwithstanding the provisions of subsection (6) to the contrary, commencing January 1, 2018, any retirant who is retired more than 60 days, if such retirant's age on the date of retirement is 62 or older, or is retired more than 180 days, if such retirant's age on the date of retirement is less than 62, and who is subsequently hired without any prearranged agreement with the participating employer in a covered position, as defined in K.S.A. 74-49,202, and amendments thereto, or an independent contractor or a third-party entity who contracts service to fill such covered position shall not be subject to an earnings limitation that when met or exceeded requires that the retirant not receive a retirement benefit for any month for which such retirant serves in such covered position. The participating employer of such retirant shall pay to the system the statutorily prescribed employer contribution rate on the first $40,000 of such retirant's compensation in a calendar year and a 30% employer contribution on any compensation in excess of $40,000 in a calendar year during any such period of employment. If a retirant is employed by more than one participating employer or performing duties in more than one position, contributions shall be made on compensation from all such employment for that calendar year.
(b) Notwithstanding the provisions of subsection (6) to the contrary, commencing January 1, 2018, any retirant who is retired more than 60 days, if such retirant's age on the date of retirement is 62 or older, or is retired more than 180 days, if such retirant's age on the date of retirement is less than 62, and who is subsequently hired without any prearranged agreement with the participating employer in a non-covered position, or an independent contractor or a third-party entity who contracts service to fill such non-covered position, shall not be subject to an earnings limitation that when met or exceeded requires that the retirant not receive a retirement benefit for any month for which such retirant serves in such non-covered position. No employer contribution shall be paid to the system on compensation paid to a retirant hired in a non-covered position.
(c) The participating employer shall enroll all retirants, including retirants under subsection (6)(b)(i), (ii), (iii), (vii) and (viii), and report to the system when compensation is paid to a retirant as provided in this subsection. Such report shall contain a certification by the appointing authority of the participating employer that any hired retirant has not been employed by the participating employer within 60 days of such retirant's retirement in the case of a retirant whose age on the date of retirement is 62 or older, or within 180 days of such retirant's retirement in the case of a retirant whose age on the date of retirement is less than 62, and that there was no prearranged agreement for employment between the participating employer and the hired retirant. Upon request of the executive director of the system, the participating employer shall provide such information as may be needed by the executive director to carry out the provisions of this subsection. No retirant shall make contributions to the system or receive credit for service while employed under the provisions of this subsection.
(d) The provisions of this subsection relating to an earnings limitation and employer contributions shall not apply to any retirant described in subsection (6)(b) or to retirants who are independent contractors or employees of third-party entities who contract with a participating employer as described in subsection (6)(d), except as specifically provided in this subsection.
(e) Nothing in this subsection shall be construed to create any right, or to authorize the creation of any right that is not subject to amendment or nullification by act of the legislature.
History: L. 1961, ch. 427, § 14; L. 1963, ch. 412, § 8; L. 1969, ch. 378, § 1; L. 1970, ch. 323, § 1; L. 1972, ch. 299, § 1; L. 1975, ch. 407, § 1; L. 1978, ch. 320, § 1; L. 1978, ch. 332, § 32; L. 1981, ch. 311, § 1; L. 1983, ch. 254, § 6; L. 1985, ch. 254, § 9; L. 1986, ch. 294, § 3; L. 1987, ch. 299, § 12; L. 1988, ch. 302, § 6; L. 1989, ch. 232, § 6; L. 1991, ch. 237, § 7; L. 1992, ch. 321, § 1; L. 1993, ch. 227, § 15; L. 1994, ch. 293, § 10; L. 1995, ch. 267, § 8; L. 1998, ch. 201, § 17; L. 2000, ch. 152, § 9; L. 2001, ch. 209, § 9; L. 2005, ch. 196, § 4; L. 2006, ch. 143, § 8; L. 2008, ch. 113, § 12; L. 2009, ch. 137, § 1; L. 2015, ch. 77, § 2; L. 2016, ch. 76, § 2; L. 2017, ch. 68, § 4; L. 2017, ch. 87, § 1; L. 2019, ch. 50, § 4; L. 2024, ch. 65, § 9; July 1.
(1) As used in K.S.A. 74-4914a to 74-4914e, inclusive, and amendments thereto, "security officer" means any person, as certified to the board by the secretary of corrections, who is employed on or after the effective date of this act as an employee of the department of corrections:
(a) Who is in any position in a job class in the corrections officer class series including but not limited to corrections officer I, corrections officer II, corrections supervisor I, corrections supervisor II and corrections supervisor III, or in a position in the corrections counselor I, corrections counselor II, unit team supervisor or corrections classification administrator job class, as all such job classes are described on the effective date of this act in the state job classification plan in effect for the classified service under the Kansas civil service act or who is in a position in any successor job class or classes that have been approved under K.S.A. 75-2938, and amendments thereto, and that have substantially the same duties and responsibilities thereof;
(b) who is promoted prior to or on or after the effective date of this act from a position in any job class under paragraph (a) to any position in any job class of warden or deputy warden of any correctional institution, the job class of work release supervisor, the job class of training officer, correctional institutions, or the job class of corrections administrator — security specialist as such job classes are described on the effective date of this act in the state job classification plan in effect for the classified service under the Kansas civil service act or to any successor job class or classes that are approved under K.S.A. 75-2938, and amendments thereto, and that have substantially the same duties and responsibilities, if the person was employed and had at least three consecutive years of service in any one or more positions in any one or more job classes described in paragraph (a) immediately preceding promotion to the position in a job class under this paragraph (b);
(c) who is in any position for which the duties and responsibilities directly and primarily involve operation of power plant facilities within any correctional institution and involve regular contact with inmates;
(d) who is in any position for which the duties and responsibilities directly and primarily involve the operation of the correctional industries activity of the department of corrections within a correctional institution and involve regular contact with inmates;
(e) who is in any position for which the duties and responsibilities directly and primarily involve supervision of food service operations within any correctional institution and involve regular contact with inmates; or
(f) who is in any position for which the duties and responsibilities directly and primarily involve supervision of maintenance operations within any correctional institution and involve regular contact with inmates.
(2) As used in K.S.A. 74-4914a to 74-4914e, inclusive, and amendments thereto, references to the department of corrections include correctional institutions as defined by K.S.A. 75-5202 and amendments thereto unless the context requires otherwise.
(3) The words and phrases used in K.S.A. 74-4914a to 74-4914e, inclusive, and amendments thereto, shall have the meanings ascribed thereto in K.S.A. 74-4902, and amendments thereto, unless a different meaning is plainly required by the context.
History: L. 1976, ch. 356, § 1; L. 1979, ch. 247, § 2; L. 1982, ch. 319, § 17; L. 1990, ch. 309, § 38; May 24.
Except as otherwise provided in K.S.A. 74-4914a to 74-4914d, inclusive, and amendments thereto, the provisions of K.S.A. 74-4901 to 74-4929, and any acts amendatory thereof or supplemental thereto, shall apply to all security officers.
History: L. 1976, ch. 356, § 2; L. 1982, ch. 319, § 18; July 1.
(1) Notwithstanding the provisions of K.S.A. 74-4914, 74-4915 and subsection (23) of K.S.A. 74-4902, and amendments thereto, the normal retirement date for all security officers, as defined by paragraph (a) or (b) of subsection (1) of K.S.A. 74-4914a and amendments thereto, with at least three consecutive years of service as such security officer immediately preceding the date of retirement, shall be the first day of the month coinciding with or following the attainment of age 55, and commencing July 1, 2000, the first day of the month coinciding with or following the date that the total of the number of years of credited service and the number of years of attained age of the security officer is equal to or more than 85. Any such security officer may retire before such normal retirement date on the first day of any month coinciding with or following the attainment of age 50 or completion of 10 years of credited service, whichever occurs later.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), any security officer, as defined by paragraph (a) or (b) of subsection (1) of K.S.A. 74-4914a and amendments thereto, who retires before the normal retirement date shall receive an annual retirement benefit equal to the annual retirement benefit payable had such security officer retired on the normal retirement date but based upon such security officer's final average salary and years of participating and prior service credited to the date of actual retirement reduced by an amount equal to the product of (i) such annual retirement benefit payable had such security officer retired on the normal retirement date, multiplied by (ii) the product of .6% multiplied by the number of months difference, to the nearest whole month, between such security officer's attained age at the time of retirement and age 55.
(b) Any security officer, as defined by paragraph (a) or (b) of subsection (1) of K.S.A. 74-4914a and amendments thereto, who retires on or after July 1, 1982, and prior to July 1, 1987, before the normal retirement date shall receive an annual retirement benefit equal to the annual retirement benefit payable had such security officer retired on the normal retirement date but based upon such security officer's final average salary and years of participating and prior service credited to the date of actual retirement reduced by an amount equal to the product of (i) such annual retirement benefit payable had such security officer retired on the normal retirement date, multiplied by (ii) the product of .3% multiplied by the number of months difference, to the nearest whole month, between such security officer's attained age at the time of retirement and age 55.
(c) Any security officer, as defined by paragraph (a) or (b) of subsection (1) of K.S.A. 74-4914a and amendments thereto, who retires on or after July 1, 1990, before the normal retirement date shall receive an annual retirement benefit equal to the annual retirement benefit payable had such security officer retired on the normal retirement date but based upon such security officer's final average salary and years of participating and prior service credited to the date of actual retirement reduced by an amount equal to the product of (i) such annual retirement benefit payable had such security officer retired on the normal retirement date, multiplied by (ii) the product of .2% multiplied by the number of months difference, to the nearest whole month, between such security officer's attained age at the time of retirement and age 55.
(3) Notwithstanding the provisions of K.S.A. 74-4914, 74-4915 and subsection (23) of K.S.A. 74-4902, the normal retirement date for all security officers, as defined by paragraph (c), (d), (e) or (f) of subsection (1) of K.S.A. 74-4914a and amendments thereto, with at least three consecutive years of service as such security officer immediately preceding the date of retirement, shall be the first day of the month coinciding with or following the attainment of age 60, and commencing July 1, 2000, the first day of the month coinciding with or following the date that the total of the number of years of credited service and the number of years of attained age of the security officer is equal to or more than 85. Any such security officer may retire before such normal retirement date on the first day of any month coinciding with or following the attainment of age 55 or completion of 10 years of credited service, whichever occurs later.
(4) (a) Except as otherwise provided in paragraph (b) of this subsection (4), any security officer, as defined by paragraph (c), (d), (e) or (f) of subsection (1) of K.S.A. 74-4914a and amendments thereto, who retires before the normal retirement date shall receive an annual retirement benefit equal to the annual retirement benefit payable had such security officer retired on the normal retirement date but based upon such security officer's final average salary and years of participating and prior service credited to the date of actual retirement reduced by an amount equal to the product of (i) such annual retirement benefit payable had such security officer retired on the normal retirement date, multiplied by (ii) the product of .6% multiplied by the number of months difference, to the nearest whole month, between such security officer's attained age at the time of retirement and age 60.
(b) Any security officer, as defined by paragraph (c), (d), (e) or (f) of subsection (1) of K.S.A. 74-4914a and amendments thereto, who retires on or after July 1, 1982, and prior to July 1, 1987, before the normal retirement date shall receive an annual retirement benefit equal to the annual retirement benefit payable had such security officer retired on the normal retirement date but based upon such security officer's final average salary and years of participating and prior service credited to the date of actual retirement reduced by an amount equal to the product of (i) such annual retirement benefit payable had such security officer retired on the normal retirement date, multiplied by (ii) the product of .3% multiplied by the number of months difference, to the nearest whole month, between such security officer's attained age at the time of retirement and age 60.
(c) Any security officer, as defined by paragraph (c), (d), (e) or (f) of subsection (1) of K.S.A. 74-4914a and amendments thereto, who retires on or after July 1, 1990, before the normal retirement date shall receive an annual retirement benefit equal to the annual retirement benefit payable had such security officer retired on the normal retirement date but based upon such security officer's final average salary and years of participating and prior service credited to the date of actual retirement reduced by an amount equal to the product of (i) such annual retirement benefit payable had such security officer retired on the normal retirement date, multiplied by (ii) the product of .2% multiplied by the number of months difference, to the nearest whole month, between such security officer's attained age at the time of retirement and age 60.
History: L. 1976, ch. 356, § 3; L. 1979, ch. 247, § 3; L. 1982, ch. 319, § 19; L. 1990, ch. 282, § 6; L. 2000, ch. 152, § 10; July 1.
(1) Any additional cost resulting from the normal retirement date and retirement before such normal retirement date for security officers as provided in K.S.A. 74-4914c, and amendments thereto, and disability benefits as provided in K.S.A. 74-4914e, and amendments thereto, shall be added to the employer rate of contribution for the department of corrections as otherwise determined under K.S.A. 74-4920, and amendments thereto, except that the employer rate of contribution for the department of corrections including any such additional cost added to such employer rate of contribution pursuant to this section shall in no event exceed the employer rate of contribution for the department of corrections for the immediately preceding fiscal year by more than the following amounts expressed as a percentage of compensation upon which security officers contribute during the period: (a) For the fiscal year commencing in calendar years 2010 through 2012, an amount not to exceed more than 0.6% of the amount of the immediately preceding fiscal year; (b) for the fiscal year commencing in calendar year 2013, an amount not to exceed more than 0.9% of the amount of the immediately preceding fiscal year; (c) for the fiscal year commencing in calendar year 2014, an amount not to exceed more than 1% of the amount of the immediately preceding fiscal year; (d) for the fiscal year commencing in calendar year 2015, the employer rate of contribution shall be 10.91%; (e) for the fiscal year commencing in calendar year 2016, the employer rate of contribution shall be 10.81%; and (f) in each subsequent calendar year, an amount not to exceed more than 1.2% of the amount of the immediately preceding fiscal year, to be calculated without regard to transfers made pursuant to section 50 of chapter 111 of the 2016 Session Laws of Kansas. As used in this section, "capitalized interest" means interest payments on the bonds that are prefunded or financed from bond proceeds as part of the issue for a specified period of time in order to offset one or more initial debt service payments.
History: L. 1976, ch. 356, § 4; L. 1982, ch. 319, § 20; L. 2006, ch. 143, § 9; L. 2012, ch. 171, § 19; L. 2015, ch. 39, § 2; L. 2015, ch. 100, § 11; L. 2016, ch. 12, § 106; L. 2016, ch. 111, § 51; June 9.
(1) As used in this section:
(a) "Correctional employee" means any member of the system who is a security officer or other employee of the department of corrections and who is in a position for which the duties and responsibilities involve regular contact with inmates as certified by the secretary of corrections;
(b) "disability" means the total inability to perform permanently the duties of the position of a correctional employee in which the correctional employee was employed at the time of disability;
(c) "service-connected" means any physical or mental disability resulting from external force, violence or disease occasioned by an act of duty as a correctional employee and includes, for any correctional employee after five years of credited service, any death or disability resulting from a heart disease or disease of the lung or respiratory tract, except that in the event that the correctional employee ceases to be a contributing member except by reason of a service-connected disability for a period of six months or more and then again becomes a contributing member the provision relating to death or disability resulting from a heart disease or disease of the lung or respiratory tract shall not apply until such correctional employee has again become a contributing member for a period of not less than two years or unless clear and precise evidence is presented that the heart disease or disease of the lung or respiratory tract was in fact occasioned by an act of duty as a correctional employee; and
(d) "final average salary" means the average highest annual compensation paid to a correctional employee for any three of the last five years of participating service immediately preceding the date of disability, or if participating service is less than three years, then the average annual compensation paid to the correctional employee during the full period of participating service or if a correctional employee has less than one calendar year of participating service the correctional employee's final average salary shall be computed by multiplying the correctional employee's highest monthly salary received in that year by 12.
(2) If any active contributing correctional employee becomes totally and permanently disabled due to service-connected causes as defined in subsection (1), such correctional employee shall be retired and the following benefits shall become payable and shall continue until the correctional employee's death or until the correctional employee recovers from the disability if a report of the event in a form acceptable to the board is filed in the office of the executive director of the board within 220 days after the date of the event or act of duty causing such disability and an application for such benefit, in such form and manner as the board shall prescribe, is filed by the correctional employee or the correctional employee's authorized representative in the office of the executive director of the board within two years of the date of disability:
(a) The correctional employee shall receive a retirement benefit equal to 50% of the correctional employee's final average salary. Such benefit shall accrue from the day upon which the correctional employee ceases to draw compensation.
(b) Each of the correctional employee's unmarried children under the age of 18 years or each of the correctional employee's children under the age of 23 years who are full-time students as provided in K.S.A. 74-49,117 and amendments thereto shall receive an annual benefit equal to 10% of the correctional employee's final average salary. Such benefit shall accrue from the day upon which the correctional employee ceases to draw compensation and shall end on the first day of the month in which each such child or children attains the age of 18 years, die or marry, whichever occurs earlier or in which each such child or children attains the age of 23 years, if such child or children are full-time students as provided in K.S.A. 74-49,117 and amendments thereto.
(c) In no case shall the total benefits payable under paragraphs (a) and (b) of this subsection (2) be in excess of 75% of the correctional employee's final average salary.
(d) In the event a correctional employee who is retired under paragraph (a) of this subsection (2), dies within two years after the date of such retirement, then benefits may be payable under subsection (2) of K.S.A. 74-4916 and amendments thereto.
(e) In the event a correctional employee who is retired under paragraph (a) of this subsection (2), dies more than two years after the date of such retirement, and the proximate cause of such death is the service-connected cause from which the disability resulted, then benefits may be payable under subsection (2) of K.S.A. 74-4916 and amendments thereto.
(f) In the event a correctional employee who is retired under subsection (2) dies after the date of retirement and no benefits are payable under paragraphs (d) and (e) the following benefits shall be payable:
(i) To the correctional employee's spouse, if lawfully wedded to the correctional employee at the time of the correctional employee's death, a lump-sum benefit equal to 50% of the correctional employee's final average salary at the time of the correctional employee's retirement.
(ii) To the correctional employee's spouse, if lawfully wedded to the correctional employee at the time of the correctional employee's death, an annual benefit equal to 50% of the correctional employee's retirement benefit payable in monthly installments, to accrue from the first day of the month following the correctional employee's date of death and ending on the first day of the month in which the spouse dies. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, the annual spouse's benefit shall be payable in equal shares to such children and each child's share shall end on the first day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto.
The provisions of this subsection shall apply in all cases of such correctional employees who die after October 1, 1996.
(3) If any correctional employee who is an active contributing member prior to such correctional employee's normal retirement becomes totally and permanently disabled for a period of 180 days from causes not service-connected, and not as the result of a willfully negligent or intentional act of the correctional employee, such correctional employee shall be retired and the following benefit shall become payable and shall continue until the correctional employee's death or until the correctional employee recovers from such disability whichever occurs first if a report of the disability in a form acceptable to the board is filed in the office of the executive director of the board within 220 days after the date of the commencement of such disability and if an application for such benefit in such form and manner as the board shall prescribe is filed in the office of the executive director of the board within two years of the date of disability:
A retirement benefit equal to 2% of the correctional employee's final average salary multiplied by the number of years of credited service, except that such retirement benefit shall be at least equal to 25% of the member's final average salary but not to exceed the amount of the retirement benefit provided in paragraph (a) of subsection (2). Such benefit shall not become payable until satisfactory evidence is presented to the board that the correctional employee is and has been for a period of 180 days totally and permanently disabled, but benefits shall accrue from the day upon which the correctional employee ceases to draw compensation.
(4) Any correctional employee who is employed for compensation by an employer other than the department of corrections and whose disability is incurred in the course of such other employment shall not be eligible for any of the benefits provided in subsection (3).
(5) If a correctional employee becomes totally and permanently disabled and no benefits are payable under subsections (2) or (3), the sum of the correctional employee's accumulated contributions shall be paid to the correctional employee.
(6) Any correctional employee receiving benefits under this section shall submit to medical examination, not oftener than annually, by one or more physicians or any other practitioners of the healing arts holding a valid license issued by Kansas state board of healing arts, as the board of trustees may direct. If upon such medical examination the examiners report to the board that the retirant is physically able and capable of resuming employment with the participating employer from whose employment the correctional employee retired, the disability benefits shall terminate. A retirant who has been receiving benefits under the provisions of this section and who returns to employment of a participating employer shall immediately commence accruing service credit which shall be added to that which has been accrued by virtue of previous service.
(7) Any retirant who has been receiving benefits under the provisions of this section for a period of five years shall be deemed finally retired and shall not be subject to further medical examinations, except that if the board of trustees shall have reasonable grounds to question whether the retirant remains totally and permanently disabled, a further medical examination or examinations may be required.
(8) Refusal or neglect to submit to examination as provided in subsection (6) shall be sufficient cause for suspending or discontinuing benefit payments under this section and if such refusal or neglect shall continue for a period of one year, the correctional employee's rights in and to all benefits under the system may be revoked by the board.
(9) Any retirement benefits payable under the provisions of this section shall be in lieu of all other benefits under the system.
(10) Each correctional employee shall report to such member's participating employer any event or act of duty causing disability within 200 days after such event or act of duty. The department of corrections shall file in the office of the executive director of the board, in a form acceptable to the board, a report of the event or act of duty causing disability within 220 days after the event or act of duty.
(11) Benefits payable under this section shall be reduced by the original amount of any disability benefits received under the federal social security act or the workers compensation act. For any correctional employee already retired on the effective date of this act, no reduction of the original social security benefits shall be applicable to benefits paid prior to the effective date of this act. In no case shall a correctional employee who is entitled to receive benefits under this section receive less than $100 per month.
(12) The provisions of this section shall apply to disabilities occurring after June 30, 1982, and prior to July 1, 1995. At the direction of the board of trustees, the actuary shall conduct an experience evaluation of benefits payable under this section and the board shall provide copies of such study to the governor and members of the legislature.
(13) The provisions of K.S.A. 74-4927 and amendments thereto relating to insured disability benefits shall not be applicable to correctional employees subject to the provisions of this section.
(14) In the event a correctional employee who is retired under subsection (3) dies after the date of retirement and no benefits are payable under that subsection, the following benefits shall be payable:
(i) To the correctional employee's spouse, if lawfully wedded to the correctional employee at the time of the correctional employee's death, a lump-sum benefit equal to 50% of the correctional employee's final average salary at the time of the correctional employee's retirement.
(ii) To the correctional employee's spouse, if lawfully wedded to the correctional employee at the time of the correctional employee's death, an annual benefit equal to 50% of the correctional employee's retirement benefit payable in monthly installments, to accrue from the first day of the month following the correctional employee's date of death and ending on the first day of the month in which the spouse dies. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, the annual spouse's benefit shall be payable in equal shares to such children and each child's share shall end on the first day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto.
The provisions of this subsection shall apply in all cases of such correctional employees who die after October 1, 1996.
History: L. 1982, ch. 319, § 21; L. 1986, ch. 294, § 4; L. 1987, ch. 299, § 13; L. 1988, ch. 302, § 7; L. 1989, ch. 232, § 7; L. 1990, ch. 282, § 7; L. 1991, ch. 237, § 21; L. 1992, ch. 321, § 7; L. 1993, ch. 227, § 16; L. 1994, ch. 293, § 11; L. 1995, ch. 267, § 9; L. 1998, ch. 201, § 18; L. 2001, ch. 209, § 10; May 31.
History: L. 1961, ch. 427, § 14; L. 1963, ch. 412, § 8; L. 1969, ch. 378, § 1; L. 1970, ch. 323, § 1; L. 1972, ch. 299, § 1; L. 1975, ch. 407, § 1; L. 1978, ch. 320, § 1; L. 1978, ch. 332, § 32; L. 1981, ch. 311, § 1; L. 1983, ch. 254, § 6; L. 1985, ch. 254, § 9; L. 1986, ch. 294, § 3; L. 1987, ch. 299, § 12; L. 1988, ch. 302, § 6; L. 1989, ch. 232, § 6; L. 1991, ch. 237, § 7; L. 1992, ch. 321, § 1; L. 1993, ch. 227, § 15; L. 1994, ch. 293, § 10; L. 1995, ch. 267, § 8; L. 1998, ch. 201, § 17; L. 2000, ch. 152, § 9; L. 2001, ch. 209, § 9; L. 2005, ch. 196, § 4; L. 2006, ch. 143, § 8; L. 2008, ch. 113, § 12; L. 2009, ch. 137, § 1; L. 2015, ch. 77, § 2; L. 2016, ch. 46, § 60; Repealed, L. 2017, ch. 68, § 6; July 1.
(1) Any member who retires on or after such member's normal retirement date shall be entitled to receive an annual retirement benefit equal to the sum obtained by adding an amount for participating service and an amount for prior service determined as provided in this section. The amount for prior service shall be equal to 1% of the member's prior service annual salary multiplied by the number of years of prior service entitled to credit as provided in K.S.A. 74-4913, and amendments thereto, except that for members retiring on or after July 1, 1981, who were last employed by a participating employer which had affiliated with the system under K.S.A. 74-4910, 74-4912, 74-4929 or 74-4991, and amendments thereto, and for the period commencing January 1, 1986, for members retiring before July 1, 1981, who were last employed by a participating employer which had affiliated with the system under K.S.A. 74-4910, 74-4912, 74-4929 or 74-4991, and amendments thereto, except that any increase in benefits under this section shall be reduced by any postretirement benefit adjustments received by such member prior to July 2, 1985, the amount for prior service shall be calculated using final average salary in lieu of prior service annual salary and, in the case of any such member who became a member under subsection (3) of K.S.A. 74-4925, and amendments thereto, and for whom a final average salary cannot be otherwise determined, such member's final average salary shall be based on all service for which such member received assistance in a plan under subsection (2) of K.S.A. 74-4925, and amendments thereto, as certified by such employer upon request of the board. For any member who retires on or after July 1, 1993, the amount for participating service shall be equal to the total of 1.75% of the member's final average salary multiplied by the number of years of participating service earned prior to January 1, 2014, and, subject to any election made pursuant to the provisions of K.S.A. 74-49,135, and amendments thereto, 1.4% or 1.85% of the member's final average salary multiplied by the number of years of participating service earned on and after January 1, 2014. If the federal internal revenue service fails to grant an approval or issues an adverse decision as described in K.S.A. 74-49,135, and amendments thereto, the amount for participating service earned on and after January 1, 2014, shall be 1.85% of the member's final average salary multiplied by the number of years of participating service earned on and after January 1, 2014. Notwithstanding any provision of law to the contrary, service that is purchased under the provisions of K.S.A. 74-4919a et seq., and amendments thereto, shall be credited at a rate which equals 1.4% of the member's final average salary for members that elect the 1.4% multiplier pursuant to subsection (b)(2) of K.S.A. 74-49,135, and amendments thereto, and 1.75% of the member's final average salary for members that elect the 1.85% multiplier pursuant to subsection (b)(1) of K.S.A. 74-49,135, and amendments thereto.
(2) (A) Any member who retires on or after July 1, 1993, but before the normal retirement date and has attained age 60 but has not attained age 62 with the completion of 10 years of credited service, shall receive an annual retirement benefit equal to the annual retirement benefit payable had the member retired on the normal retirement date but based upon the member's final average salary and years of participating and prior service credited to the date of actual retirement reduced by an amount equal to the product of (i) such annual retirement benefit payable had the member retired on the normal retirement date, multiplied by (ii) the product of .2% multiplied by the number of months' difference, to the nearest whole month, between the member's attained age at the time of retirement and age 62.
(B) Any member who retires on or after July 1, 1993, but before the normal retirement date and has attained age 55 but has not attained age 60 with the completion of 10 years of credited service, shall receive an annual retirement benefit equal to the annual retirement benefit payable had the member retired on the normal retirement date but based upon the member's final average salary and years of participating and prior service credited to the date of actual retirement reduced by an amount equal to the total of: (i) (a) The product of such annual retirement benefit payable had the member retired on the normal retirement date, multiplied by (b) the product of .6% multiplied by the number of months' difference, to the nearest whole month, between the member's attained age at the time of retirement and age 60; and
(ii) on and after July 1, 1993, the product of such annual retirement benefit payable had the member retired on the normal retirement date, multiplied by 4.8%.
(3) Upon death of a retirant, there shall be paid to such retirant's beneficiary an amount equal to the excess, if any, of such retirant's accumulated contributions over the sum of all retirement benefit payments made.
(4) Such annual retirement benefits shall be paid in equal monthly installments, except that the board may provide for the payment of retirement benefits which total less than $240 a year on other than a monthly basis.
(5) In the event that an application in such form as may be prescribed by the board for any amount due under the provisions of this act, is not filed with the office of the retirement system by the person entitled to same within five years of the date such amount became due and payable, an amount equal to same shall be transferred to the retirement benefit accumulation reserve and such amount shall no longer be due and payable, except that if any such person shall present evidence satisfactory to the board that such person's failure to file such application within that time period was due to lack of knowledge or incapacity on such person's part, the amount equal to the amount originally due shall be transferred from the retirement benefit accumulation reserve to the reserve or reserves from which such transfer was initially made and the amount originally due shall be paid to such person.
(6) The participating employer, when an employee files an application for retirement, shall certify to the system all member contributions of such employee which have not been reported previously. In the event the amount certified results in an overpayment of retirement benefits, the employer shall be held responsible for the contribution amount previously certified from the time of commencement of the overpayment of retirement benefits until the time that such overpayment is discovered by the system. At the time that such overpayment of retirement benefits is discovered by the system, the system shall adjust the amount of retirement benefits paid to the employee to the correct amount based on the participating employer's certification of member contributions which had not been previously reported. The participating employer of the employee who has had such member's retirement benefits adjusted as provided in this subsection shall notify such employee of such overpayment and such adjustment of retirement benefits. If the contributions previously certified are lower than the actual amount reported, the employer shall be responsible for remitting the correct amount and the member's monthly benefit shall be recalculated based on the amount reported by the employer. When an employee in school employment files such an application, the participating employer responsible for any such amounts as provided in this subsection shall be the employee's eligible employer as specified in subsection (1), (2) or (3) of K.S.A. 74-4931, and amendments thereto, and shall not be the state of Kansas. The provisions of law in effect on the retirement date of a member under the system shall govern the retirement benefit payable to the retirant, any joint annuitant and any beneficiary.
History: L. 1961, ch. 427, § 15; L. 1963, ch. 412, § 9; L. 1965, ch. 446, § 3; L. 1968, ch. 128, § 1; L. 1980, ch. 238, § 3; L. 1981, ch. 312, § 1; L. 1982, ch. 319, § 22; L. 1984, ch. 289, § 6; L. 1985, ch. 254, § 10; L. 1987, ch. 299, § 14; L. 1988, ch. 302, § 8; L. 1989, ch. 232, § 8; L. 1993, ch. 227, § 17; L. 2001, ch. 209, § 11; L. 2012, ch. 171, § 20; July 1.
(a) Except as otherwise provided in subsection (b), any member of the system who becomes eligible for another retirement plan authorized under any law of this state or who becomes ineligible for the Kansas public employees retirement plan due to a reduction of hours, who: (1) Has not been granted a vested retirement benefit in the system as provided in K.S.A. 74-4917, and amendments thereto; and (2) has reached the early or normal retirement dates as provided in K.S.A. 74-4914, and amendments thereto, shall be eligible to receive a retirement benefit based on such member's years of service and have interest credited annually to such member's account from the time the member first becomes eligible under this subsection and for so long as they remain eligible under the provisions of this subsection notwithstanding the fact that such member has not been granted a vested retirement benefit as provided in K.S.A. 74-4917, and amendments thereto. Receipt of such retirement benefit shall be as otherwise provided by law.
(b) If the status of such member is no longer as described in subsection (a), the vesting requirements specified by K.S.A. 74-4917, and amendments thereto shall be applicable to such member.
(c) The provisions of this section shall be part of and supplemental to the provisions of K.S.A. 74-4901 et seq., and amendments thereto.
(d) The provisions of this section shall be effective on and after July 1, 2000.
History: L. 2000, ch. 152, § 35; May 25.
(a) Notwithstanding any provision of law to the contrary, any member who is a member of the legislature who is also employed by another participating employer of the Kansas public employees retirement system other than the legislature and is an eligible employee as defined in K.S.A. 74-4902, and amendments thereto, may retire from service from such other participating employer and may continue to serve as a member of the legislature, except that, commencing January 8, 2001, such member of the legislature shall not receive any retirement benefit for any month for which such member of the legislature serves when compensation as provided in subsection (e) is paid in an amount equal to $15,000 or more, or commencing in calendar year 2006, and all calendar years thereafter, $20,000 or more in any one such calendar year. Such member's retirement benefit shall be based on the final average salary of such member for service prior to service as a member of the legislature.
(b) No such member who is a member of the legislature who retires as provided in subsection (a) and who continues to serve as a member of the legislature shall accrue any additional service credit for such service as a member of the legislature or be entitled to any benefit provided in K.S.A. 74-4916 or 74-4927, and amendments thereto.
(c) When such member who is a member of the legislature retires as a member of the legislature, such member's final average salary shall be recalculated to include legislative compensation, if such inclusion of such compensation increases such member's final average salary, of the member up to the time of retirement from the participating employer other than the legislature as provided in subsection (a).
(d) No such member who is a member of the legislature shall accrue any additional retirement benefits for the period of time between the date the member retired from the participating employer other than the legislature and the date such member retires as a member of the legislature.
(e) The participating employer shall report to the system within 30 days of when the compensation paid to the retirant is equal to or exceeds any limitation provided in subsection (a). Upon request of the executive director of the system, the secretary of revenue shall provide such information as may be needed by the executive director to carry out the provisions of this section. For determination of the amount of legislative compensation, as provided in subsection (a) and this subsection, for members of the legislature, compensation shall include any amount paid as provided pursuant to subsections (a), (b), (c) and (d) of K.S.A. 46-137a, and amendments thereto, or pursuant to K.S.A. 46-137b, and amendments thereto. Notwithstanding any provision of law to the contrary, when a member of the legislature is paid an amount of compensation of $15,000 or more, or commencing in calendar year 2006, and all calendar years thereafter, $20,000 or more in any one calendar year, the member may continue to receive any amount provided in subsections (b) and (d) of K.S.A. 46-137a, and amendments thereto, and still be entitled to receive such member's retirement benefit.
(f) The provisions of this section are intended to further the public policy of encouraging persons to serve in elective public office by permitting a member of the system, who is a member through employment with a participating employer in a nonelected position and who holds an elected office as a member of the legislature and who is also a member of the system for such elected office, to retire under the system from such nonelected employment and to continue serving in such elected public office.
(g) The words and phrases used in this section have the meanings respectively ascribed thereto by K.S.A. 74-4902, and amendments thereto, unless a different meaning is plainly required by the context.
(h) The provisions of this section shall be effective on and after July 1, 2000.
History: L. 2000, ch. 152, § 38; L. 2001, ch. 209, § 12; L. 2006, ch. 143, § 10; July 1.
(a) Notwithstanding any provision of law to the contrary, any member who is an elected local official of a municipality who is also employed by another participating employer of the Kansas public employees retirement system other than the municipality and is an eligible employee as defined in K.S.A. 74-4902, and amendments thereto, may retire from service from such other participating employer and may continue to serve as an elected local official, except that such local official shall not receive any retirement benefit for any month for which such local official serves in such office when compensation is paid in an amount equal to $15,000 or more, or commencing in calendar year 2006, and all calendar years thereafter, $20,000 or more in any one such calendar year. The participating employer shall report to the system within 30 days of when the compensation paid to the retirant is equal to or exceeds any limitation provided in this subsection. Upon request of the executive director of the system, the secretary of revenue shall provide such information as may be needed by the executive director to carry out the provisions of this section.
(b) No such member who is an elected local official who retires as provided in subsection (a) and who continues to serve as an elected local official shall accrue any additional service credit for such service as an elected local official or be entitled to any benefit provided in K.S.A. 74-4916 or 74-4927, and amendments thereto.
(c) The provisions of this section are intended to further the public policy of encouraging persons to serve in elective public office by permitting a member of the system, who is a member through employment with a participating employer in a nonelected position and who holds an elected office as an elected local official of a municipality and who is also a member of the system for such elected office, to retire under the system from such nonelected employment and to continue serving in such elected public office.
(d) The words and phrases used in this section have the meanings respectively ascribed thereto by K.S.A. 74-4902, and amendments thereto, unless a different meaning is plainly required by the context.
History: L. 2000, ch. 152, § 39; L. 2001, ch. 209, § 13; L. 2006, ch. 143, § 11; July 1.
(1) Upon the death of a member before retirement, the member's accumulated contributions shall be paid to the member's beneficiary.
(2) (a) In the event that a member dies before retirement as a result of an accident arising out of and in the course of the member's actual performance of duty in the employ of a participating employer independent of all other causes and not as a result of a willfully negligent or intentional act of the member, an accidental death benefit shall be payable if: (A) A report of the accident, in a form acceptable to the board, is filed in the office of the executive director of the board within 60 days after the date of the accident causing such death and an application for such benefit, in such form and manner as the board shall prescribe, is filed in the office of the executive director of the board within two years of the date of the accident, but the board may waive such time limits for a reasonable period if in the judgment of the board the failure to meet these limits was due to lack of knowledge or incapacity; and (B) the board finds from such evidence as it may require, to be submitted in such form and manner as it shall prescribe, that the natural and proximate cause of death was the result of an accident arising out of and in the course of the member's employment with a participating employer independent of all other causes at a definite time and place. Such accidental death benefit shall be a lump-sum amount of $50,000 and an annual amount of 1/2 of the member's final average salary, and for members who were first employed by a participating employer and covered as a member of the system under the provisions of K.S.A. 74-49,301 et seq., and amendments thereto, an annual amount of 50% of such member's salary averaged over the final three years of such member's covered employment, which shall accrue from the first day of the month following the date of death and which shall be payable in monthly installments or as the board may direct, but, after June 30, 1982, in no case shall the accidental death benefit be less than $100 per month. The accidental death benefit payments shall be paid to the surviving spouse of such deceased member, such payments to continue so long as such surviving spouse lives or if there is no surviving spouse, or in the case the spouse dies before the youngest child of such deceased member attains age 18 or before the youngest child of such deceased member attains age 23 years, if such child is a full-time student as provided in K.S.A.
74-49,117, and amendments thereto, or if there are one or more children of the member who are totally disabled and dependent on the member or spouse, then to the child or children of such member under age 18 or under age 23, if such child or children are full-time students as provided in K.S.A.
74-49,117, and amendments thereto, and to the child or children of the member who are totally disabled and dependent on the member or spouse, divided in such manner as the board in its discretion shall determine, to continue until the youngest surviving child dies or attains age 18 or attains age 23 if such child is a full-time student as provided in K.S.A. 79-49,117 [74-49,117], and amendments thereto, or, in the case of the child or children who are totally disabled and dependent on the member or spouse, until death or until no longer totally disabled, or if there is no surviving spouse or child eligible for accidental death benefits under this subsection (2) at the time of the member's death, then to the parent or parents of such member who are dependent on such member, to continue until the last such parent dies. All payments due under this subsection (2) to a minor shall be made to a legally appointed conservator of such minor or totally disabled child as provided in K.S.A.
74-49,127, and amendments thereto. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act.
(b) In construction of this section of the act there shall be no presumption that the death of the member was the result of an accident nor shall there be a liberal interpretation of the law or evidence in favor of the person claiming under this subsection (2). In the event of the death of a member resulting from a heart, circulatory or respiratory condition there must be clear and precise evidence that death was the result of an accident independent of all other causes which arose out of and in the course of the member's actual performance of duties in the employ of a participating employer.
(c) The annual benefit under this subsection (2) shall be reduced by any workers compensation benefit payable. If the workers compensation benefit is paid in a lump-sum, the amount of such reduction shall be calculated on a monthly basis over the period of time for which workers compensation benefits would have been payable had such lump-sum not been paid. For any recipient already in receipt of such benefits on the effective date of this act, no change in the original reduction for workers compensation benefits shall be applicable to benefits paid prior to July 1, 1994. In the event that a member should die as a result of an accident as described in this subsection (2), all elections or options previously made by the deceased member shall become void and of no effect whatsoever and the retirement system shall be liable only for the accidental death benefit, refund of accumulated contributions as described in subsection (1) and any insured death benefit that may be due. The benefit payable under this subsection (2) shall be known and referred to as the "accidental death benefit."
(3) (a) Upon the application of a member, or the member's appointing authority acting for the member, a member who is in the employ of a participating employer and becomes totally and permanently disabled for duty in the employ of a participating employer, by reason of an accident which occurred prior to July 1, 1975, may be retired by the board if: (A) The board finds the total and permanent disability to be the natural and proximate result of an accident causing personal injury or disease independent of all other causes and arising out of and in the course of the member's actual performance of duties as an employee of a participating employer; (B) a report of the accident, in a form acceptable to the board is filed in the office of the executive director of the board within 200 days after the date of the accident causing such injury; (C) such application for retirement under this provision, in such form and manner as shall be prescribed by the board, is filed in the office of the executive director of the board within two years of the date of the accident; (D) after a medical examination of the member has been made by or under the direction of a medical physician or physicians or any other practitioner holding a valid license to practice a branch of the healing arts issued by the state board of healing arts designated by the board and the medical physician or physicians or any other practitioner holding a valid license to practice a branch of the healing arts issued by the state board of healing arts report in writing to the board that the member is physically or mentally totally disabled for duty in the employ of a participating employer and that such disability will probably be permanent; and (E) the board finds that the member became permanently and totally disabled on a date certain based on the evidence furnished and the professional guidance obtained and that such disability was not the result of a willfully negligent or intentional act of the member. If the board shall so retire the applicant, the member shall receive annually an accidental total disability benefit equal to 1/2 of the member's final average salary which shall accrue from the first day of the month following the date of such accidental total and permanent disability as found by the board payable in monthly installments or as the board may direct.
(b) In construction of this subsection (3) there shall be no presumption that the disability of the member was the result of an accident nor shall there be a liberal interpretation of the law or evidence in favor of the member claiming under this subsection (3). In the event of the disability of a member resulting from a heart, circulatory or respiratory condition there must be clear and precise evidence that disability was the result of an accident independent of all other causes which arose out of and in the course of the member's actual performance of duties in the employ of a participating employer.
(c) A member will continue to receive such accidental total disability benefit so long as the member is wholly and continuously disabled by such injury and prevented thereby from engaging in any gainful occupation or employment for which the member is reasonably qualified by reason of education, training or experience. The accidental loss of both hands by actual severance through or above the wrist joint, or the accidental loss of both feet by actual severance through or above the ankle joint or the entire and irrecoverable accidental loss of sight of both eyes, or such severance of one hand and one foot, and such severance of one hand or one foot and such loss of sight of one eye, shall be deemed accidental total and permanent disability and accidental total disability benefits shall be paid so long as the member lives.
(d) Any retirant retired by reason of such accidental total and permanent disability who has been receiving benefits under the provisions of this subsection (3) for a period of five years shall be deemed finally retired and shall not be subject to further medical examinations, except that if the board of trustees has reasonable grounds to question whether the retirant remains totally and permanently disabled, a further medical examination or examinations may be required. Refusal or neglect to submit to examination shall be sufficient cause for suspending or discontinuing the accidental total disability benefit. If the refusal or neglect continues for a period of one year, all of the member's rights with respect to such accidental total disability benefit may be revoked by the board.
(e) In the event that a retirant who is receiving an accidental total disability benefit dies within five years after the date of the retirant's retirement, an accidental death benefit shall then be payable as provided in subsection (2) of this section.
(f) A member who retires under the provisions of this subsection (3) shall receive such benefits as provided in this subsection (3) in lieu of all other retirement benefits provided under the retirement system except that no member shall be entitled to receive any payments under this subsection (3) for a period for which insured disability benefits are received.
(g) The value, as determined by the board upon recommendation of the actuary, of any workmen's compensation benefits paid or payable to the recipient of an accidental total disability benefit shall be deducted from the amount payable under this section.
(h) The benefit payable under subsection (3) of this section shall be known and referred to as "accidental total disability benefit."
(4) The payment of benefits as provided in this section is subject to the provisions of K.S.A.
74-49,123, and amendments thereto.
History: L. 1961, ch. 427, § 16; L. 1965, ch. 446, § 4; L. 1967, ch. 427, § 3; L. 1971, ch. 254, § 1; L. 1975, ch. 408, § 1; L. 1977, ch. 274, § 2; L. 1982, ch. 319, § 23; L. 1989, ch. 232, § 9; L. 1992, ch. 321, § 8; L. 1994, ch. 293, § 12; L. 1998, ch. 64, § 34; L. 1999, ch. 87, § 19; L. 2001, ch. 209, § 14; L. 2016, ch. 76, § 6; July 1.
(1) Upon termination of employment with a participating employer, not followed by employment with such participating employer or another participating employer within 30 days of such termination, the member shall be paid an amount equal to the member's accumulated contributions then on deposit with the system after making application in such form as may be prescribed by the board, except that the system shall have a reasonable time to process the application for withdrawal. The participating employer shall, upon giving a terminated employee a withdrawal application, certify to the system all member contributions which have not been reported previously. In the case of a death of an active member, the participating employer shall certify to the system all member contributions which have not been reported previously and remit such contributions if the participating employer has not submitted a monthly remittance for the terminating quarter. The participating employer shall be responsible to the system for any overpayment or underpayment of member contributions made by the system relating to a withdrawal of accumulated contributions or a death of an active member which is due to an inaccurate certification of all member contributions which have not been reported to the system as required by this section made by the participating employer. A leave of absence, a period of total disability or military service shall not be considered a termination of employment unless the member withdraws accumulated contributions.
(2) Except as otherwise provided by this subsection, if such member has completed 10 years of credited service at date of termination, or commencing July 1, 2009, if such member has completed five years of credited service at the date of termination, such member automatically shall be granted a vested retirement benefit in the system, except that at any time prior to the commencement of retirement benefit payments the member may withdraw accumulated contributions, whereupon no other benefits shall be payable for such member's prior and participating service credit. For purposes of this subsection, any employee of a local governmental unit which has its own pension plan who becomes an employee of a participating employer as a result of a merger or consolidation of services provided by local governmental units, which occurred on January 1, 1994, may count service with such local governmental unit in determining whether such employee has met the 10 years of credited service for vesting requirement contained in this subsection. Eligibility of such member for retirement benefits and procedures for making application for retirement benefits shall be in accordance with K.S.A. 74-4914, and amendments thereto. Such member shall make application for retirement in such form as may be prescribed by the board and retirement benefits shall accrue from the first day of the month following receipt of such application. The amount of the retirement benefit shall be determined as provided in K.S.A. 74-4915, and amendments thereto.
(3) Termination of employment of a member, followed by employment with a participating employer within five years after such termination, does not constitute a break in continuous employment if such member has not withdrawn accumulated contributions. Such period while not employed shall not be credited.
(4) If, after the expiration of five years following the termination of employment, a former member becomes an employee of such former member's former participating employer, or another participating employer, such former member shall be deemed to be a new employee. If a member, who has a vested benefit again becomes an employee of a participating employer, any credited service such member subsequently accrues shall be added to that which had been vested by virtue of previous service. Eligibility of such member for retirement benefits and procedures for making application for retirement benefits shall be in accordance with K.S.A. 74-4914, and amendments thereto.
History: L. 1961, ch. 427, § 17; L. 1963, ch. 412, § 10; L. 1965, ch. 446, § 5; L. 1974, ch. 337, § 1; L. 1977, ch. 275, § 1; L. 1982, ch. 319, § 24; L. 1983, ch. 254, § 7; L. 1984, ch. 289, § 7; L. 1985, ch. 254, § 11; L. 1993, ch. 227, § 18; L. 1994, ch. 293, § 13; L. 1996, ch. 266, § 10; L. 1998, ch. 201, § 19; L. 2007, ch. 164, § 15; July 1, 2009.
History: L. 1994, ch. 293, § 31; L. 1998, ch. 64, § 35; Repealed, L. 2008, ch. 113, § 26; July 1.
(1) Upon termination of employment, if a member who has accrued a vested benefit makes application to the system for payment of the member's accumulated contributions, at the time of such application the member shall submit a notarized statement of the marital status of the member and, if the member is currently married, a statement of the spouse's consent or objection to the member's withdrawal of accumulated contributions under the provisions of this section signed by the spouse and notarized in such form and manner as provided by the system.
(2) (a) If the spouse of the member does not consent to the member's withdrawal of accumulated contributions under the provisions of this section before the payment of accumulated contributions, the system shall notify the spouse that the spouse has 90 days to consent or have the member decide not to withdraw such member's accumulated contributions.
(b) Upon consent of the spouse or at the end of 90 days, the accumulated contributions shall be paid to the member.
(c) The system is not liable for any damages resulting from false designation of marital status by a member or retirant.
(3) For purposes of this section, "retirement system" or "system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system and the retirement system for judges.
(4) The provisions of this section shall take effect on and after July 1, 1995.
History: L. 1995, ch. 267, § 34; July 1.
(1) A member may elect to have such member's retirement benefit paid under one of the options provided in this section in lieu of having it paid in the form stated in K.S.A. 74-4915, and amendments thereto. Such election must be made before the date of actual retirement. A specific person must be designated as joint annuitant at the time of election of the joint and ½ to joint annuitant survivor option, the joint and survivor option and the joint and ¾ to joint annuitant survivor option. Except as specifically provided in this subsection, an option elected by a member as provided in this section shall not be changed or canceled nor shall the named joint annuitant be changed after the date of actual retirement of the member. If a retirant is divorced after the retirant's date of actual retirement, and the retirant has named the retirant's ex-spouse as a joint annuitant under subsection (3), the joint annuitant option may be canceled and retirant's benefit returned to the maximum amount of such retirant's retirement benefit commencing the first month following the date such cancellation is ordered by the district court of the county where the divorce action was filed. The retirant shall not receive a refund or interest of any amounts already paid to fund the original joint annuitant benefit. The retirant may not name a subsequent joint annuitant once the original joint annuitant option has been cancelled.
(2) The amount of retirement benefit payable under an option shall be based on the age of the member and, if applicable, the age of the joint annuitant, and shall be such amount as to be the actuarial equivalent of the retirement benefit otherwise payable under K.S.A. 74-4915, and amendments thereto, as prescribed in subsection (3). In no case shall the total amount of retirement benefit paid under any option provided in this section be more than 100% of the retirement benefit which would have been otherwise payable if no option had been elected under this section.
(3) The following retirement options, which are subject to the provisions of K.S.A. 74-49,123, and amendments thereto, are available:
(A)
Joint and ½ to joint annuitant survivor.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to the product of (i) the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4915, and amendments thereto, and (ii) the percentage equal to 91% minus .4% for each year by which the age of the retirant's joint annuitant is less than the retirant's age, computed to the nearest whole year, or plus .4% for each year by which the age of the retirant's joint annuitant is more than the retirant's age, computed to the nearest whole year, with ½ of that monthly amount continued to the retirant's joint annuitant during such joint annuitant's remaining lifetime, if any, after the death of the retirant. In the event that the designated joint annuitant under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(B)
Joint and survivor.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to the product of (i) the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4915, and amendments thereto, and (ii) the percentage equal to 83% minus .6% for each year by which the age of the retirant's joint annuitant is less than the retirant's age, computed to the nearest whole year, or plus .6% for each year by which the age of the retirant's joint annuitant is more than the retirant's age, computed to the nearest whole year, with that amount continued to the joint annuitant during the joint annuitant's remaining lifetime, if any, after the death of the retirant. In the event that the designated joint annuitant under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(C)
Joint and ¾ to joint annuitant survivor.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to the product of (i) the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4915, and amendments thereto, and (ii) the percentage equal to 87% minus .5% for each year by which the age of the retirant's joint annuitant is less than the retirant's age, computed to the nearest whole year, or plus .5% for each year by which the age of the retirant's joint annuitant is more than the retirant's age, computed to the nearest whole year, with ¾ of that monthly amount continued to the retirant's joint annuitant during such joint annuitant's remaining lifetime, if any, after the death of the retirant. In the event that the designated joint annuitant under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(D)
Life with 5 years certain.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to 98% of the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4915, and amendments thereto, and if the retirant dies within the five-year certain period, measured from the commencement of retirement benefit payments, such payments shall be continued to the retirant's beneficiary during the balance of the five-year certain period.
(E)
Life with 10 years certain.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to 95% of the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4915, and amendments thereto, and if the retirant dies within the ten-year certain period, measured from the commencement of retirement benefit payments, such payments shall be continued to the retirant's beneficiary during the balance of the ten-year certain period.
(F)
Life with 15 years certain.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to 88% of the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4915, and amendments thereto, and if the retirant dies within the fifteen-year certain period, measured from the commencement of retirement benefit payments, such payments shall be continued to the retirant's beneficiary during the balance of the fifteen-year certain period.
(G)
Lump sum payment at retirement.
(i) Pursuant to this option, the member must specify a lump sum amount to be paid to the member upon the member's retirement. The lump sum amount will be based on the actuarial present value of the benefit as provided in K.S.A. 74-4915, and amendments thereto. The lump sum amount designated by the member must be in 10% increments and shall not exceed ½ of the actuarial present value of the benefit provided in K.S.A. 74-4915, and amendments thereto. If the member's spouse elects a lump sum payment as provided in this section pursuant to the provisions of subsection (4), the lump sum payment will be based on the present value of the retirement option selected by the spouse. The lump sum amount designated by the spouse must be in 10% increments and shall not exceed ½ of the actuarial present value of the option selected in this section.
(ii) Pursuant to this option, the member must elect to have the remaining actuarial present value paid in a monthly amount under the provisions of K.S.A. 74-4915, and amendments thereto, or subsections (3)(A) through (3)(F) of this section.
(iii) In the event that the designated joint annuitant pursuant to subsection (3)(A), (3)(B) or (3)(C) under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(iv) The provisions of this subsection shall be effective on and after July 1, 2001.
(4) If a member, who is eligible to retire in accordance with the provisions of K.S.A. 74-4914, and amendments thereto, dies without having actually retired, the member's spouse, if the spouse is the sole beneficiary for the member's accumulated contributions, may elect to receive benefits under one of the options provided in this section in lieu of receiving the member's accumulated contributions.
(5) The benefits of subsection (4) shall be available in the case of death within the first six months after the entry date of the member's participating employer.
(6) On and after May 1, 2004, if a member with 10 or more years of credited service dies before attaining retirement age, the member's spouse, if the spouse is the sole beneficiary for the member's accumulated contributions, may elect to receive benefits under one of the options provided in this section in lieu of receiving the member's accumulated contributions. Payments under one of the options provided in this section to the member's spouse if so elected, shall commence on the date that the member would have been eligible for normal retirement pursuant to subsection (1) of K.S.A. 74-4914, and amendments thereto, or would have been eligible for early retirement pursuant to subsection (4) of K.S.A. 74-4914, and amendments thereto, if such early retirement date occurs earlier.
(7) Benefits payable to a joint annuitant shall accrue from the first day of the month following the death of a member or retirant and, in the case of the joint and ½ to joint annuitant survivor option, the joint and survivor option and the joint and ¾ to joint annuitant survivor option, shall end on the last day of the month in which the joint annuitant dies.
(8) The provisions of the law in effect on the retirement date of a member under the system shall govern the retirement benefit payable to the retirant and any joint annuitant, except, for retirement benefits payable after July 1, 1993, for retirants who retired prior to July 1, 1982, in the event that the designated joint annuitant under the option provided in subsection (3)(A), (B) or (C), as applicable, predeceased the retirant, the amount of the retirement benefit otherwise payable to the retirant under the option provided in subsection (3)(A), (B) or (C), as applicable, shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(9) Upon the death of a joint annuitant who is receiving a retirement benefit under the provisions of this section, there shall be paid to such joint annuitant's beneficiary an amount equal to the excess, if any, of the accumulated contributions of the retirant over the sum of all retirement benefit payments made to such retirant and such joint annuitant. Such joint annuitant shall designate a beneficiary by filing in the office of the retirement system such designation at the time of death of the retirant. If there is no named beneficiary of such joint annuitant living at the time of death of such joint annuitant, any amount provided for by this section shall be paid to, in order of preference as follows:
(A) The joint annuitant's surviving spouse;
(B) the joint annuitant's dependent child or children;
(C) the joint annuitant's dependent parent or parents;
(D) the joint annuitant's nondependent child or children;
(E) the joint annuitant's nondependent parent or parents; or
(F) the estate of the deceased joint annuitant.
History: L. 1961, ch. 427, § 18; L. 1963, ch. 412, § 11; L. 1965, ch. 446, § 6; L. 1967, ch. 429, § 1; L. 1969, ch. 379, § 1; L. 1980, ch. 238, § 4; L. 1982, ch. 319, § 25; L. 1985, ch. 254, § 2; L. 1987, ch. 299, § 15; L. 1988, ch. 302, § 9; L. 1990, ch. 282, § 31; L. 1991, ch. 237, § 8; L. 1993, ch. 227, § 19; L. 1998, ch. 64, § 36; L. 2000, ch. 152, § 11; L. 2001, ch. 209, § 15; L. 2003, ch. 155, § 4; L. 2005, ch. 196, § 5; L. 2012, ch. 171, § 28; July 1.
(a) If the member who is married at the time of retirement selects or will receive a retirement benefit or annuity which would provide to such member's spouse upon the member's death no monthly payments or payment which is less than the payment that the spouse would receive as a joint annuitant under the joint and ½ to joint annuitant survivor option, as provided in K.S.A. 20-2610a, 74-4918, 74-4964 or 74-4964a and amendments thereto, or selects the lump sum payment at retirement benefit option as provided in subsection (3)(G) of K.S.A. 74-4918, and amendments thereto, at the time of such selection of a retirement benefit or annuity the member shall submit a notarized statement of the marital status of the member and, if the member is currently married, a statement of the spouse's consent or objection to the member's selected retirement benefit or annuity under the provisions of this section signed by the spouse and notarized in such form and manner as provided by the system.
(b) (i) If the spouse of the member does not consent to the member's selection of a retirement benefit or annuity under the provisions of this section before the date of actual retirement, the system shall:
(A) Notify the spouse that the spouse has 90 days to consent or have the member change such member's selected retirement benefit or annuity; and
(B) pay the retirement benefit or annuity at the amount as provided by the joint and ½ to joint annuitant survivor option until the spouse consents or for 90 days, whichever is less.
(ii) Upon consent of the spouse or at the end of 90 days, the retirement benefit or annuity must be recalculated and paid as provided by the terms of the member's original selected retirement benefit or annuity retroactively to the date on which the retirement became effective.
(iii) The system is not liable for any damages resulting from false designation of marital status by a member or retirant.
(c) For purposes of this section, "retirement system" or "system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system and the retirement system for judges.
(d) The provisions of this section shall take effect on and after July 1, 1994.
History: L. 1994, ch. 293, § 34; L. 1995, ch. 267, § 10; L. 2001, ch. 209, § 16; May 31.
(1) Except as otherwise provided, each participating employer, beginning with the first payroll for services performed after the entry date, shall deduct from the compensation of each member 4% of such member's compensation as employee contributions. Subject to any election made pursuant to the provisions of K.S.A. 74-49,135, and amendments thereto, each participating employer, for services performed by an employee first employed prior to July 1, 2009, shall deduct from the compensation of each member, the following amounts expressed as a percentage of compensation during the following periods: (a) Commencing January 1, 2014, for members who elected to receive an amount for participating service equal to the total of 1.4% of such member's final average salary, 4% of such member's compensation as employee contributions, and (b) commencing January 1, 2014, for members who elected to receive an amount for participating service equal to the total of 1.85% of such member's final average salary, who did not make an election pursuant to K.S.A. 74-49,135, and amendments thereto, or if the federal internal revenue service fails to grant an approval or issues an adverse decision as described in K.S.A. 74-49,135, and amendments thereto, 5% of such member's compensation as employee contributions, and commencing January 1, 2015, and in each subsequent calendar year, 6% of such member's compensation as employee contributions. Such deductions shall be remitted quarterly, or as the board may otherwise provide, to the executive director for deposit in the Kansas public employees retirement fund. Such deductions shall be credited to the members' individual accounts and interest shall be added annually to such accounts.
(2) (a) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, each participating employer, pursuant to the provisions of section 414(h)(2) of the federal internal revenue code, shall pick up and pay the contributions which would otherwise be payable by members as prescribed in subsection (1) commencing with the third quarter of 1984. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the member's compensation.
(b) Member contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from each member's compensation equal to the amount of the member's contributions picked up by the employer, provided that such deduction shall not reduce the member's compensation for purposes of computing benefits under the system.
(c) Member contributions picked up by the employer shall be remitted quarterly, or as the board may otherwise provide, to the executive director for credit to the Kansas public employees retirement fund. Such contributions shall be credited to a separate account within the member's individual account so that amounts contributed by the member commencing with the third quarter of 1984 may be distinguished from the member contributions picked up by the employer. Interest shall be added annually to members' individual accounts.
History: L. 1961, ch. 427, § 19; L. 1963, ch. 412, § 12; L. 1981, ch. 313, § 1; L. 1983, ch. 254, § 8; L. 1984, ch. 289, § 8; L. 1990, ch. 282, § 8; L. 1998, ch. 64, § 37; L. 2001, ch. 209, § 17; L. 2012, ch. 171, § 21; July 1.
(1) An employee of a participating employer who becomes a member as provided in K.S.A. 74-4911 and amendments thereto, after completion of one year of continuous employment as therein provided may purchase participating service credit for such year of employment by making application therefor. Such application and payment may be made at any time after the employee becomes a member and continues to be employed by a participating employer. Any member of the system who has not retired may purchase, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, such service credit by paying the then present value of the retirement benefits based on such service by means of a single lump-sum payment in the amount determined by the actuary using the member's attained age and the actuarial assumptions and tables currently in use by this retirement system. If an employee was employed before the participating employer's entry date and did not become a member until the first day of the month or the first day of the first payroll period, whichever is applicable, coinciding with or following the completion of one year continuous employment, the member may purchase, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, participating service credit for the period from the participating employer's entry date until such member became a member by paying to the system the then present value of the retirement benefits based on such service by means of a single lump-sum payment in the amount determined by the actuary using the member's attained age and the actuarial assumptions and tables currently in use by this retirement system.
Notwithstanding any other provision of this subsection, if an employee purchases such participating service credit within 12 months of such employee's membership in the system, such employee may purchase such participating service credit by making application therefor and paying to the system a lump-sum amount equivalent to 4% of the compensation paid to such member for personal services during such period. If an employee was employed for a partial year after the participating employer's entry date and did not become a member at that time, but became a member at a later date, the member may purchase, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, participating service credit for such partial year of employment by paying the then present value of the retirement benefits based on such service by means of a single lump-sum payment in the amount determined by the actuary using the member's attained age and the actuarial assumptions and tables currently in use by this retirement system.
(2) Any employee of the state of Kansas who was receiving or was eligible for assistance by the state board of regents in the purchase of a retirement annuity under K.S.A. 74-4925 and amendments thereto, and who became ineligible for such assistance prior to the effective date of this act because such employee's position was reclassified to a position in the classified service under the Kansas civil service act, or who became ineligible for such assistance because such person accepted and transferred to a position in the classified service under the Kansas civil service act, and who becomes a member of the system on the first day of the payroll period coinciding with or following the effective date of this act in accordance with subsection (5) of K.S.A. 74-4911 and amendments thereto, may purchase, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, participating service credit for the period of employment from the effective date of such reclassification or transfer to the date of such employee's membership in the system. Such employee may purchase such participating service credit by making application therefor and paying to the system a lump-sum amount equivalent to 4% of the compensation paid to such member for personal services during such period by the state of Kansas or as provided in subsection (3). Such application and payment may be made at any time after the employee becomes a member and continues to be employed by a participating employer.
(3) Except as otherwise provided in this subsection, any member of the retirement system may purchase, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, participating service credit for employment service as described in this section, if first commenced prior to January 1, 1996, by electing to effect such purchase by means of having employee contributions as provided in K.S.A. 74-4919 and amendments thereto deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto for such periods of service, in lieu of a lump-sum amount as provided in this section. Such deductions shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Subject to the provisions of K.S.A. 74-49,123 and amendments thereto, any person may make any such purchase as described in this section, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Notwithstanding any other provision of this subsection, any member of the retirement system, within 12 months of such member's membership date in the system, may purchase participating service credit for employment service as described in this section, by electing to effect such purchase by means of having employee contributions as provided in K.S.A. 74-4919, and amendments thereto, deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4910 [74-4919], and amendments thereto, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such deductions shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Such purchase must be completed within 24 months of such membership date in the system.
History: L. 1971, ch. 253, § 1; L. 1972, ch. 300, § 1; L. 1977, ch. 273, § 2; L. 1982, ch. 319, § 26; L. 1984, ch. 289, § 9; L. 1988, ch. 302, § 1; L. 1993, ch. 227, § 20; L. 1995, ch. 267, § 11; L. 1998, ch. 64, § 38; L. 1998, ch. 201, § 20; July 1.
(a) Any employee of a participating employer who becomes a member of the system as provided in K.S.A. 74-4911 or 74-4935, and amendments thereto, who has previously been a member of the system and who has forfeited participating and prior service credit by reason of termination of employment with a participating employer and withdrawal of such member's accumulated contributions, may have all or a part of such forfeited service reinstated as provided in K.S.A. 74-4901 through 74-4930, and amendments thereto.
(b) Any employee of a participating employer who becomes a member of the system as provided in K.S.A. 74-4911 or 74-4935, and amendments thereto, who has been a member of the system prior to July 1, 2009, and who has forfeited participating and prior service credit by reason of termination of employment with a participating employer and withdrawal of such member's accumulated contributions, may have all or a part of such forfeited service reinstated as provided in K.S.A. 74-4901 through 74-4930, and amendments thereto, upon return to covered employment after July 1, 2009, and shall have such service credited under the terms of K.S.A. 74-49,201 et seq., and amendments thereto.
History: L. 1971, ch. 255, § 1; L. 1990, ch. 282, § 9; L. 1998, ch. 64, § 39; L. 2001, ch. 209, § 18; L. 2008, ch. 113, § 13; July 1.
Except as otherwise provided in this section, any such member having previously lost credit for periods of participating service, because of termination of employment and withdrawal of contributions, if first commenced prior to January 1, 1996, may elect in writing to such member's participating employer and the retirement system to have member contributions deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto for such periods of service. Such election may be made at any time prior to retirement and shall commence on the first day of the payroll period for which compensation shall be paid in the employer's quarterly reporting period coinciding with or following such election. Any member making such an election shall receive credit for one additional quarter of participating service credit for each quarter during which the contribution rate at a percentage rate equal to two times the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto for such periods of service, is in effect and two additional quarters of participating service credit for each quarter during which the contribution rate at a percentage rate equal to three times the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, is in effect. Subject to the provisions of K.S.A. 74-49,123 and amendments thereto, any person may make any such purchase as described in this section, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. In no case shall the additional credit so granted be greater than the total participating service credit forfeited on the earlier termination of employment and withdrawal of contributions. Such contribution rates shall not remain in effect longer than the period for which additional participating service credit may be granted.
History: L. 1971, ch. 255, § 2; L. 1974, ch. 390, § 16; L. 1987, ch. 299, § 16; L. 1993, ch. 227, § 21; L. 1995, ch. 267, § 12; L. 1998, ch. 64, § 40; July 1.
(1) Any such member, having previously lost credit for periods of prior service because of termination of employment and withdrawal of contributions, and who has elected to contribute at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto for such periods of service or at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, may receive up to three years of prior service credit for each year of participating service credit repurchased, but in no event more than the total of such previously forfeited prior service credit. Any member who repurchases all of such member's previously forfeited participating service credit shall also receive all of such member's previously forfeited prior service credit.
(2) If such member, previously a member of the state school retirement system and having contributions on deposit with such system which were transferred to such member's account with this system on January 1, 1971, and prior service credit granted therefor with this system in accordance with K.S.A. 74-4936 and amendments thereto, has forfeited prior service credit with this system by reason of termination of employment and withdrawal of such transferred contributions, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, such member may reinstate such prior service credit only upon repaying in a lump-sum the full amount of such transferred contributions withdrawn plus interest at a rate specified by the board at the time of electing to repurchase previously forfeited participating credit as provided in K.S.A. 74-4919c or 74-4919f and amendments thereto.
History: L. 1971, ch. 255, § 3; L. 1972, ch. 301, § 1; L. 1987, ch. 299, § 17; L. 1993, ch. 227, § 22; L. 1995, ch. 267, § 13; L. 1998, ch. 64, § 41; July 1.
No member, having elected to repurchase previously forfeited credit as hereinbefore provided, may revoke such election so long as such member is an eligible employee of a participating employer. If any such member again terminates employment with a participating employer and withdraws such member's accumulated contributions, such member shall be granted a new election hereunder upon again returning to employment with a participating employer and again becoming an eligible employee.
History: L. 1971, ch. 255, § 4; L. 1987, ch. 299, § 18; L. 1993, ch. 227, § 23; July 1.
In the event that a member, who elects to repurchase previously forfeited service credit, also elects to effect such repurchase by means of a single lump-sum payment, such member may do so, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, by paying the amount determined by the actuary using the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, and the actuarial assumptions and tables then currently in use by the retirement system. Any member who elects repurchase by a single lump-sum payment shall make such payment in lieu of the increased amount of the employee's contribution rate otherwise provided for in this act.
History: L. 1971, ch. 255, § 5; L. 1998, ch. 64, § 42; L. 2006, ch. 143, § 12; July 1.
(1) Any member of this system who was previously a member of the Kansas school retirement system and who forfeited service credit under that system prior to January 1, 1971, by reason of termination of employment in school service and withdrew such member's contributions to that system, may elect to purchase service credit for such previously forfeited service credit under the Kansas school retirement system, if such service has not been credited under the Kansas public employees' retirement system. Any member of the system who has not retired may purchase, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, such service credit by paying the then present value of the retirement benefits based on such service by means of a single lump-sum payment in the amount determined by the actuary using the member's attained age, a prior service annual salary as defined in subsection (3) of K.S.A. 74-4938 and the actuarial assumptions and tables currently in use by this retirement system.
(2) Any member of this system who was previously a member of the Wichita employees' retirement plan who was transferred to the employ of Sedgwick county, as a direct consequence of a transfer of function between the city of Wichita and Sedgwick county and who forfeited service credit under that system, by reason of termination of employment and withdrew such member's contributions to that system, may elect to purchase service credit for such previously forfeited service credit, if such service has not been credited under the Kansas public employees' retirement system. Any member of the system who has not retired may purchase, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, such service credit by paying the then present value of the retirement benefits based on such service by means of a single lump-sum payment in the amount determined by the actuary using the member's attained age and the actuarial assumptions and tables currently in use by this retirement system. Any member may make such purchase as described in this section, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased.
History: L. 1971, ch. 255, § 6; L. 1979, ch. 248, § 1; L. 1995, ch. 267, § 14; L. 1998, ch. 64, § 43; July 1.
(1) In addition to any military service credited under the provisions of K.S.A. 74-4913 or 74-4936, and amendments thereto, or in the event that an active contributing member does not qualify for credit for military service as defined in subsection (22) of K.S.A. 74-4902, and amendments thereto, such member may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, participating credit for periods of active service in the armed forces of the United States or in the commissioned corps of the United States public health service and for periods of service required to fulfill the requirements of section 651 of title 10, United States code, which are not otherwise creditable, which when added to any creditable military service do not exceed six years. Except as provided in subsection (4)(a) for such purchase of participating credit for such periods of such military service which is the basis for military pension rights, such member shall be entitled to purchase one quarter of participating service credit for each year of service required to fulfill the requirements of section 651 of title 10, United States code. Except as otherwise provided in this section, such purchase shall be effected by the member submitting proof of such service acceptable to the board and, if first commenced prior to January 1, 1996, electing in writing to have employee contributions as provided in K.S.A. 74-4919, and amendments thereto, deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, for such periods of service. Such deductions shall commence at the beginning of the quarter following such election and shall remain in effect until all of the full quarters of such service have been purchased. Any person may make any such purchase as described in this section, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased.
(2) (a) Such purchase of participating service credit must be completed prior to such member's retirement.
(b) For members purchasing such participating service credit on or after July 1, 1993, whose purchase is completed within five years before such member's retirement, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, such member shall pay the actuarially determined amount by means of a single lump-sum payment or equal annual payments which shall be completed prior to retirement. The lump-sum payment or annual payments shall be determined by the system's actuary by using the member's current annual salary at the time, actuarial assumptions and tables currently in use by the system and the member's attained age. Any member who purchases such participating service credit and who does not make the lump-sum payment or annual payments as required by this subsection shall have any previously credited service under this section voided and such member shall be refunded such member's payments previously made for such purchase plus interest. The provisions of this subsection shall not apply to any member who is employed by an institution that is closed or abolished or otherwise ceases operations or that is scheduled for such closure, abolition or cessation of operations and has a budget reduction imposed that is associated with such closure, abolition or cessation of operations, and who is laid off from employment with such institution for the reason of such closure, abolition or cessation. As used in this subsection, "institution" means Topeka state hospital or Winfield state hospital and training center; and "laid off" means, in the case of a state officer or employee in the classified service under the Kansas civil service act, being laid off under K.S.A. 75-2948, and amendments thereto and in the case of a state officer or employee in the unclassified service under the Kansas civil service act, being terminated from employment with the state agency by the appointing authority, except that "laid off" shall not include any separation from employment pursuant to budget reduction or expenditure authority reduction and reduction of F.T.E. positions under K.S.A. 75-6801, and amendments thereto.
(3) In the event such member has elected to purchase participating service credit as provided in K.S.A. 74-4919a to 74-4919e, inclusive, and any amendments thereto, the increased employee contributions and purchase of participating service credit provided herein shall not commence until after the purchase of participating service credit under K.S.A. 74-4919a to 74-4919e, inclusive, and any amendments thereto, has been completed. If a member terminates employment before completing the purchase of all participating service credit as such member may be entitled to, such member shall only receive such credit for those full quarters as the percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto or those full quarters as the additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, has been deducted from such member's compensation.
(4) (a) Any member of the system who has not yet retired may purchase participating service credit for military service as described in this section which is the basis for military pension rights at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, participating service credit for military service as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section. The lump-sum payment shall be an amount determined by the actuary using the member's then current annual rate of compensation, or if not actively employed, the member's annual rate of compensation when last participating, the actuarial assumptions and tables currently in use by the retirement system and the member's attained age.
(b) Any member of the retirement system who has not retired may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, participating service credit for military service as described in this section which is not the basis for military pension rights by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section. The lump-sum payment shall be an amount determined by the actuary using the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, the actuarial assumptions and tables currently in use by the retirement system and the member's attained age.
History: L. 1974, ch. 332, § 5; L. 1975, ch. 406, § 3; L. 1977, ch. 275, § 2; L. 1985, ch. 254, § 12; L. 1987, ch. 299, § 19; L. 1989, ch. 232, § 10; L. 1993, ch. 227, § 24; L. 1994, ch. 293, § 14; L. 1995, ch. 267, § 15; L. 1996, ch. 266, § 11; L. 1998, ch. 64, § 44; L. 1998, ch. 201, § 21; L. 2006, ch. 143, § 13; July 1.
Any person who becomes a member of the Kansas public employees retirement system pursuant to subsection (14) of K.S.A. 74-4902, subsection (4) of K.S.A. 74-4932, K.S.A. 74-4911c, K.S.A. 74-4911d or K.S.A. 74-4919k and amendments thereto, may elect to purchase additional benefits for any service performed during the period that such person was barred from membership in the Kansas public employees retirement system, except that no person shall purchase additional benefits for any service which is the basis or will become the basis for retirement credit or benefits under a retirement annuity under the provisions of K.S.A. 74-4925 and amendments thereto. At the election of the member the benefit for each year of service shall be equal to either 1% or 1.75% of the final average salary of any such member. For any member who elected to purchase service credit as provided in this section prior to the effective date of this act at the 1% rate, such member may elect to purchase such service credit at an additional amount of .75% of final average salary of such member in a lump-sum amount as otherwise provided in this subsection. Such member may purchase additional benefits by making application therefor prior to date of retirement and, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may purchase service as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by the system. The lump-sum payment shall be made immediately upon being notified of the amount due.
History: L. 1975, ch. 406, § 1; L. 1983, ch. 254, § 9; L. 1998, ch. 64, § 45; L. 1998, ch. 201, § 22; July 1.
(1) In addition to any service credited under the provisions of K.S.A. 74-4913 or 74-4936, and amendments thereto, in the event that a member of the Kansas public employees retirement system does not qualify for credit for service as an elected official with a participating employer, such member may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, participating credit for periods of such service. Except as otherwise provided in this section, such member may purchase such service credit by submitting proof of such service acceptable to the board of trustees and, if first commenced prior to January 1, 1996, electing in writing to have employee contributions deducted as provided in K.S.A. 74-4919, and amendments thereto, from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, for such periods of service. Such deductions shall commence at the beginning of the quarter following such election and shall remain in effect until all of the full quarters of such service have been purchased. Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, any person may make any such purchase as described in this section, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased.
(2) In the event such member has elected to purchase participating service credit as provided in K.S.A. 74-4919a to 74-4919e, inclusive, and amendments thereto, the increased employee contributions and purchase of participating service credit provided herein shall not commence until after the purchase of participating service credit under K.S.A. 74-4919a to 74-4919e, inclusive, and amendments thereto, has been completed. If a member terminates employment before completing the purchase of all participating service credit as such member may be entitled to purchase, such member shall only receive such credit for those full quarters as the percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto or those full quarters as the additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, for such periods of service has been deducted from such member's compensation.
(3) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, any member of the Kansas public employees retirement system who does not qualify for credit for service as an elected official with a participating employer and who has not retired may purchase participating service credit for such service as an elected official with a participating employer by making a single lump-sum payment in lieu of employee contributions as provided in this section. The lump-sum payment shall be in an amount determined by the actuary using (A) the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, (B) the actuarial assumptions and tables currently in use by the system and (C) the member's attained age.
(4) Commencing on January 1, 1988, and ending on June 30, 1988, any member of the Kansas public employees retirement system who does not qualify for credit for service as an elected official with a participating employer and who has not retired may purchase participating service credit for such service as an elected official with a participating employer by making a single lump-sum amount equivalent to 4% of the compensation paid to such member for service as an elected official during such period.
History: L. 1980, ch. 231, § 1; L. 1987, ch. 299, § 20; L. 1993, ch. 227, § 25; L. 1995, ch. 267, § 16; L. 1998, ch. 64, § 46; L. 2006, ch. 143, § 14; July 1.
(a) Any member age 70 or older, who is a member of the Kansas public employees retirement system under the law in effect on June 17, 1983, may, after June 18, 1983, elect to be covered by the provisions of K.S.A. 74-4919 to 74-4919j, inclusive, and 74-4939, and amendments to these sections.
(b) No such person shall be covered by such provisions unless such person files a written statement of election with the board of trustees. Each election by filing a written statement of election under this section shall be effective on the first day of the first payroll period of the reporting quarter coinciding with or following the date of such filing and shall be irrevocable.
History: L. 1983, ch. 254, § 20; June 18.
Any member of the Kansas public employees retirement system who was previously a member of the retirement system for judges or the Kansas police and firemen's retirement system and who forfeited service credit under either of those systems by reason of termination of employment and withdrawal of their contributions to that system, may elect to purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, service credit for the previously forfeited service credit by means of a single lump-sum payment and such service shall be recredited to that system. The amount of the lump-sum payment shall be determined by the actuary using the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, and the actuarial assumptions and tables then currently in use by that retirement system.
History: L. 1984, ch. 289, § 19; L. 1998, ch. 64, § 47; L. 2006, ch. 143, § 15; July 1.
(1) Except as otherwise provided, any active contributing member of the retirement system who at one time had the state board of regents assist such member in the purchase of retirement annuities as provided in K.S.A. 74-4925, and amendments thereto and who withdrew such member's accumulated contributions upon the termination of such employment as provided in K.S.A. 74-4925, and amendments thereto, may purchase such participating service credit for such service, and any active contributing member of the retirement system may purchase participating service credit for any waiting period required pursuant to K.S.A. 74-4925, and amendments thereto, regardless of whether the state board of regents assisted such member in the purchase of retirement annuities as provided in K.S.A. 74-4925, and amendments thereto. Such member may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, such service credit by submitting proof of such service acceptable to the board of trustees and electing in writing to have employee contributions deducted as provided in K.S.A. 74-4919, and amendments thereto, from such member's compensation at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of service. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all of the full quarters of such service have been purchased.
(2) Any member of the Kansas public employees retirement system who has not retired may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, participating service credit for such service as described in this section with a participating employer by making a single lump-sum payment in lieu of employee contributions as provided in this section. The lump-sum payment shall be in an amount determined by the actuary using (a) the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, (b) the actuarial assumptions and tables currently in use by the system and (c) the member's attained age.
History: L. 1995, ch. 267, § 35; L. 1998, ch. 64, § 48; L. 2002, ch. 116, § 3; L. 2006, ch. 143, § 16; July 1.
Any employee of a participating employer who is a member of the Kansas public employees retirement system, who was previously employed in another state in nonfederal governmental employment and which service otherwise meets the requirements of an employee as prescribed in subsection (14) of K.S.A. 74-4902 or subsection (4) of K.S.A. 74-4932 and amendments thereto, may elect to purchase, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, service for such out-of-state nonfederal governmental employment. At the election of the member, the benefit for each such year of employment shall be equal to either 1% or 1.75% of the final average salary of any such member. For any member who elected to purchase service credit as provided in this section prior to the effective date of this act at the 1% rate, such member may elect to purchase such service credit at an additional amount of .75% of final average salary of such member in a lump-sum amount as otherwise provided in this subsection. Such member may purchase such service by making application therefor prior to date of retirement at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Subject to the provisions of K.S.A. 74-49,123 and amendments thereto, any such member may purchase such service as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made immediately upon being notified of the amount due.
History: L. 1995, ch. 267, § 37; L. 1996, ch. 266, § 12; L. 1998, ch. 64, § 49; L. 1998, ch. 201, § 23; July 1.
(1) Notwithstanding the provisions of K.S.A. 74-4913, and amendments thereto and except as provided in subsection (3), any member of the Kansas public employees retirement system who was previously employed by an employer who maintained its own police and fire pension plan as a city of the first or second class and who withdrew their accumulated contributions may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, participating service credit for periods of such service prior to retirement. Such member may purchase such service credit by submitting proof of such service acceptable to the board of trustees and electing in writing to have employee contributions deducted as provided in K.S.A. 74-4919, and amendments thereto, from such member's compensation at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of service. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all of the full quarters of such service have been purchased.
(2) Any member of the Kansas public employees retirement system who has not retired may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, participating service credit for such service as described in this section with a participating employer by making a single lump-sum payment in lieu of employee contributions as provided in this section. The lump-sum payment shall be in an amount determined by the actuary using (a) the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, (b) the actuarial assumptions and tables currently in use by the system and (c) the member's attained age.
(3) No member may purchase such participating service credit for any service that is subject to a retirement under any other pension plan authorized pursuant to the laws of the state of Kansas.
History: L. 1995, ch. 267, § 38; L. 1998, ch. 64, § 50; L. 2006, ch. 143, § 17; July 1.
Any member may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, service for periods of service in the United States peace corps which commenced on or after January 1, 1962. At the election of the member, the benefit for each such period of service shall be equal to either 1% or 1.75% of the final average salary of any such member. For any member who elected to purchase service credit as provided in this section prior to the effective date of this act at the 1% rate, such member may elect to purchase such service credit at an additional amount of .75% of final average salary of such member in a lump-sum amount as otherwise provided in this subsection. Such member may purchase such service by making application therefor prior to date of retirement at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, service as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made immediately upon being notified of the amount due. The provisions of this section shall be effective on and after July 1, 1996.
History: L. 1996, ch. 266, § 18; L. 1998, ch. 201, § 24; L. 2000, ch. 152, § 12; July 1.
Any employee of a participating employer who is a member of the Kansas public employees retirement system, who was previously employed as an employee of the memorial union corporation which is affiliated with Emporia state university, may elect to purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, service for such employment. At the election of the member, the benefit for each such year of employment shall be equal to either 1% or 1.75% of the final average salary of any such member. For any member who elected to purchase service credit as provided in this section prior to the effective date of this act at the 1% rate, such member may elect to purchase such service credit at an additional amount of .75% of final average salary of such member in a lump-sum amount as otherwise provided in this subsection. Such member may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, such service by making application therefor prior to date of retirement at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, service as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made immediately upon being notified of the amount due. The provisions of this section shall be effective on and after July 1, 1996.
History: L. 1996, ch. 266, § 20; L. 1998, ch. 201, § 25; L. 2000, ch. 152, § 13; July 1.
Any employee of a participating employer who is a member of the Kansas public employees retirement system, who was previously employed in Kansas in nonfederal governmental employment with an employer who has not affiliated with the system under K.S.A. 74-4910 and amendments thereto, and which service otherwise meets the requirements of an employee as prescribed in subsection (14) of K.S.A. 74-4902 or subsection (4) of K.S.A. 74-4932 and amendments thereto, may elect to purchase service credit for such in-state nonfederal governmental employment. At the election of the member, the benefit for each such year of employment shall be either 1% or 1.75% of the final average salary of any such member. For any member who elects to purchase service credit as provided in this section at the 1% rate, such member may elect to purchase such service credit at an additional amount of .75% of final average salary of such member in a lump-sum amount as otherwise provided in this subsection. Such member may purchase such service credit by making application therefor prior to the date of retirement at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may purchase such service credit as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made immediately upon being notified of the amount due. No purchase of service or any part thereof will be nullified by the subsequent affiliation of an employer with the system.
History: L. 1998, ch. 201, § 54; July 1.
Any member may purchase service credit for periods of service in the United States volunteers in service to America (VISTA) which commenced on or after January 1, 1962. At the election of the member, the benefit for each such period of service shall be equal to either 1% or 1.75% of the final average salary of any such member. Such member may purchase such service credit by making application therefor prior to date of retirement at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may purchase service credit as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made immediately upon being notified of the amount due. The provisions of this section shall be effective on and after July 1, 2000.
History: L. 2000, ch. 152, § 40; May 25.
History: L. 2001, ch. 209, § 51; Repealed, L. 2002, ch. 116, § 11; May 23.
Any member of the Kansas public employees retirement system who was previously employed in service as law enforcement personnel in support of a mission administered by the united nations, may purchase participating service credit for periods of such service which commenced on or after January 1, 1962. Such purchase of participating service credit shall be made in accordance with the provisions of K.S.A. 74-49,123, and amendments thereto. The benefit for each such period of service purchased by the member shall be equal to 1.75% of the final average salary of any such member. Such member may purchase such participating service credit by submitting proof of such service acceptable to the board of trustees and by making application therefor prior to the date of retirement of such member for such purchase and to have such member's employee contributions deducted from such member's compensation at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of service. Such additional rate of contribution shall commence at the beginning of the quarter following the date upon which such member made application for such purchase and shall remain in effect until all of the full quarters of such service have been purchased. In lieu of the deduction of employee contributions as provided in this section, any such member may purchase such participating service credit by means of a single lump-sum payment in an amount equal to the then present value of benefits being purchased as determined by the actuary using the member's attained age at the time of purchase, annual compensation at the time of purchase and the actuarial assumptions and tables currently in use by the system. The lump-sum payment shall be made immediately upon being notified of the amount due under this purchase method. The provisions of this section shall be part of and supplemental to the provisions of K.S.A. 74-4901 et seq., and amendments thereto.
History: L. 2007, ch. 191, § 3; May 24.
Any member of the Kansas public employees retirement system may purchase up to two years of participating service credit for service as approved, directly related journeyman experience above the apprenticeship as required by K.A.R. 91-1-39, prior to the revocation of such regulation on June 30, 2003, for day trade, personal service and public service teachers which commenced on or after January 1, 1962. Such purchase of participating service credit shall be made in accordance with the provisions of K.S.A. 74-49,123, and amendments thereto. The benefit for each such period of service purchased by the member shall be equal to 1.75% of the final average salary of any such member. Such member may purchase such participating service credit by submitting proof of such service acceptable to the board of trustees and by making application therefor prior to the date of retirement of such member for such purchase and to have such member's employee contributions deducted from such member's compensation at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of service. Such additional rate of contribution shall commence at the beginning of the quarter following the date upon which such member made application for such purchase and shall remain in effect until all of the full quarters of such service have been purchased. In lieu of the deduction of employee contributions as provided in this section, any such member may purchase such participating service credit by means of a single lump-sum payment in an amount equal to the then present value of benefits being purchased as determined by the actuary using the member's attained age at the time of purchase, annual compensation at the time of purchase and the actuarial assumptions and tables currently in use by the system. The lump-sum payment shall be made immediately upon being notified of the amount due under this purchase method. The provisions of this section shall be part of and supplemental to the provisions of K.S.A. 74-4901 et seq., and amendments thereto.
History: L. 2009, ch. 137, § 4; May 28.
(1) (a) Upon the basis of each annual actuarial valuation and appraisal as provided for in K.S.A. 74-4908(3)(a), and amendments thereto, the board shall certify, on or before July 15 of each year, to the division of the budget in the case of the state and to the agent for each other participating employer an actuarially determined estimate of the rate of contribution that will be required, together with all accumulated contributions and other assets of the system, to be paid by each such participating employer to pay all liabilities that shall exist or accrue under the system, including amortization of the actuarial accrued liability as determined by the board. The board shall determine the actuarial cost method to be used in annual actuarial valuations, to determine the employer contribution rates that shall be certified by the board. Such certified rate of contribution, amortization methods and periods and actuarial cost method shall be based on the standards set forth in K.S.A. 74-4908(3)(a), and amendments thereto, and shall not be based on any other purpose outside of the needs of the system.
(b) (i) For employers affiliating on and after January 1, 1999, upon the basis of an annual actuarial valuation and appraisal of the system conducted in the manner provided for in K.S.A. 74-4908, and amendments thereto, the board shall certify, on or before July 15 of each year to each such employer an actuarially determined estimate of the rate of contribution that shall be required to be paid by each such employer to pay all of the liabilities that shall accrue under the system from and after the entry date as determined by the board, upon recommendation of the actuary. Such rate shall be termed the employer's participating service contribution and shall be uniform for all participating employers. Such additional liability shall be amortized as determined by the board. For all participating employers described in this section, the board shall determine the actuarial cost method to be used in annual actuarial valuations to determine the employer contribution rates that shall be certified by the board.
(ii) The board shall determine for each such employer separately an amount sufficient to amortize all liabilities for prior service costs that shall have accrued at the time of entry into the system. On the basis of such determination the board shall annually certify to each such employer separately an actuarially determined estimate of the rate of contribution that shall be required to be paid by that employer to pay all of the liabilities for such prior service costs. Such rate shall be termed the employer's prior service contribution.
(2) The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personal services the sum required to satisfy the state's obligation under this act as certified by the board and shall present the same to the legislature for allowance and appropriation.
(3) Each other participating employer shall appropriate and pay to the system a sum sufficient to satisfy the obligation under this act as certified by the board.
(4) Each participating employer is hereby authorized to pay the employer's contribution from the same fund that the compensation for which such contribution is made is paid from or from any other funds available to it for such purpose. Each political subdivision, other than an instrumentality of the state, that is by law authorized to levy taxes for other purposes, may levy annually at the time of its levy of taxes, a tax that may be in addition to all other taxes authorized by law for the purpose of making its contributions under this act and, in the case of cities and counties, to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, which tax, together with any other fund available, shall be sufficient to enable it to make such contribution. In lieu of levying the tax authorized in this subsection, any taxing subdivision may pay such costs from any employee benefits contribution fund established pursuant to K.S.A. 12-16,102, and amendments thereto. Each participating employer that is not by law authorized to levy taxes as described above, but that prepares a budget for its expenses for the ensuing year and presents the same to a governing body that is authorized by law to levy taxes as described above, may include in its budget an amount sufficient to make its contributions under this act which may be in addition to all other taxes authorized by law. Such governing body to which the budget is submitted for approval, may levy a tax sufficient to allow the participating employer to make its contributions under this act, which tax, together with any other fund available, shall be sufficient to enable the participating employer to make the contributions required by this act.
(5) (a) The rate of contribution certified to a participating employer as provided in this section shall apply during the fiscal year of the participating employer that begins in the second calendar year following the year of the actuarial valuation.
(b) (i) Except as specifically provided in this section, for fiscal years commencing in calendar year 1996 and in each subsequent calendar year, the rate of contribution certified to the state of Kansas shall in no event exceed the state's contribution rate for the immediately preceding fiscal year by more than 0.2% of the amount of compensation upon which members contribute during the period.
(ii) Except as specifically provided in this subsection, for the fiscal years commencing in the following calendar years, the rate of contribution certified to the state of Kansas and to the participating employers under K.S.A. 74-4931, and amendments thereto, shall in no event exceed the state's contribution rate for the immediately preceding fiscal year by more than the following amounts expressed as a percentage of compensation upon which members contribute during the period: (A) For the fiscal year commencing in calendar years 2010 through 2012, an amount not to exceed more than 0.6% of the amount of the immediately preceding fiscal year; (B) for the fiscal year commencing in calendar year 2013, an amount not to exceed more than 0.9% of the amount of the immediately preceding fiscal year; (C) for the fiscal year commencing in calendar year 2014, an amount not to exceed more than 1% of the amount of the immediately preceding fiscal year; (D) for the fiscal year commencing in calendar year 2015, the employer rate of contribution shall be 10.91%; (E) for the fiscal year commencing in calendar year 2016, the employer rate of contribution shall be 10.81%, except as provided by section 37(b) of chapter 54 of 2017 Session Laws of Kansas, and amendments thereto, for the participating employers under K.S.A. 74-4931, and amendments thereto; (F) for the fiscal year commencing in calendar year 2017, the employer rate of contribution shall be 12.01%; (G) for the fiscal year commencing in calendar year 2021, the employer rate of contribution shall be 13.33%; (H) for the fiscal year commencing in calendar year 2022, the employer rate of contribution shall be 13.11%; and (I) in each subsequent calendar year, an amount not to exceed more than 1.2% of the amount of the immediately preceding fiscal year.
(iii) Except as specifically provided in this section, for fiscal years commencing in calendar year 1997 and in each subsequent calendar year, the rate of contribution certified to participating employers other than the state of Kansas shall in no event exceed such participating employer's contribution rate for the immediately preceding fiscal year by more than 0.15% of the amount of compensation upon which members contribute during the period.
(iv) Except as specifically provided in this subsection, for the fiscal years commencing in the following calendar years, the rate of contribution certified to participating employers other than the state of Kansas shall in no event exceed the contribution rate for such employers for the immediately preceding fiscal year by more than the following amounts expressed as a percentage of compensation upon which members contribute during the period: (A) For the fiscal year commencing in calendar years 2010 through 2013, an amount not to exceed more than 0.6% of the amount of the immediately preceding fiscal year; (B) for the fiscal year commencing in calendar year 2014, an amount not to exceed more than 0.9% of the amount of the immediately preceding fiscal year; (C) for the fiscal year commencing in calendar year 2015, an amount not to exceed more than 1% of the amount of the immediately preceding fiscal year; (D) for the fiscal year commencing in calendar year 2016, an amount not to exceed more than 1.1% of the amount of the immediately preceding fiscal year; and (E) for the fiscal year commencing in calendar year 2017, and in each subsequent calendar year, an amount not to exceed more than 1.2% of the amount of the immediately preceding fiscal year.
(v) As part of the annual actuarial valuation, there shall be a separate employer rate of contribution calculated for the state of Kansas, a separate employer rate of contribution calculated for participating employers under K.S.A. 74-4931, and amendments thereto, a combined employer rate of contribution calculated for the state of Kansas and participating employers under K.S.A. 74-4931, and amendments thereto, and a separate employer rate of contribution calculated for all other participating employers.
(vi) There shall be a combined employer rate of contribution certified to the state of Kansas and participating employers under K.S.A. 74-4931, and amendments thereto. There shall be a separate employer rate of contribution certified to all other participating employers.
(vii) If the combined employer rate of contribution calculated for the state of Kansas and participating employers under K.S.A. 74-4931, and amendments thereto, is greater than the separate employer rate of contribution for the state of Kansas, the difference in the two rates applied to the actual payroll of the state of Kansas for the applicable fiscal year shall be calculated. This amount shall be certified by the board for deposit as additional employer contributions to the retirement benefit accumulation reserve for the participating employers under K.S.A. 74-4931, and amendments thereto.
(6) The actuarial cost of any legislation enacted in the 1994 session of the Kansas legislature will be included in the June 30, 1994, actuarial valuation in determining contribution rates for participating employers.
(7) The actuarial cost of the provisions of K.S.A. 74-4950i, and amendments thereto, will be included in the June 30, 1998, actuarial valuation in determining contribution rates for participating employers. The actuarial accrued liability incurred for the provisions of K.S.A. 74-4950i, and amendments thereto, shall be amortized over 15 years.
(8) Except as otherwise provided by law, the actuarial cost of any legislation enacted by the Kansas legislature, except the actuarial cost of K.S.A. 74-49,114a, and amendments thereto, shall be in addition to the employer contribution rates certified for the employer contribution rate in the fiscal year immediately following such enactment. Such actuarial cost shall be determined by the qualified actuary employed or retained by the system pursuant to K.S.A. 74-4908, and amendments thereto, and reported to the system and the joint committee on pensions, investments and benefits.
(9) Notwithstanding the provisions of subsection (8), the actuarial cost of the provisions of K.S.A. 74-49,109 et seq., and amendments thereto, shall be first reflected in employer contribution rates effective with the first day of the first payroll period for the fiscal year 2005. The actuarial accrued liability incurred for the provisions of K.S.A. 74-49,109 et seq., and amendments thereto, shall be amortized over 10 years.
(10) The cost of the postretirement benefit payment provided pursuant to the provisions of K.S.A. 74-49,114b, and amendments thereto, for retirants other than local retirants as described in subsection (11) or insured disability benefit recipients shall be paid in the fiscal year commencing on July 1, 2007.
(11) The actuarial accrued liability incurred for the provisions of K.S.A. 74-49,114b, and amendments thereto, for the KPERS local group and retirants who were employees of local employers that affiliated with the Kansas police and firemen's retirement system shall be amortized over 10 years.
(12) The cost of the postretirement benefit payment provided pursuant to the provisions of K.S.A. 74-49,114c, and amendments thereto, for retirants other than local retirants as described in subsection (13) or insured disability benefit recipients shall be paid in the fiscal year commencing on July 1, 2008.
(13) The actuarial accrued liability incurred for the provisions of K.S.A. 74-49,114c, and amendments thereto, for the KPERS local group and retirants who were employees of local employers that affiliated with the Kansas police and firemen's retirement system shall be amortized over 10 years.
(14) The board with the advice of the actuary may fix the contribution rates for participating employers joining the system after one year from the first entry date or for employers who exercise the option contained in K.S.A. 74-4912, and amendments thereto, at rates different from the rate fixed for employers joining within one year of the first entry date.
(15) Employer contributions shall in no way be limited by any other act that now or in the future establishes or limits the compensation of any member.
(16) Notwithstanding any provision of law to the contrary, each participating employer shall remit quarterly, or as the board may otherwise provide, all employee deductions and required employer contributions to the executive director for credit to the Kansas public employees retirement fund within three days after the end of the period covered by the remittance by electronic funds transfer. Remittances of such deductions and contributions received after such date are delinquent. Delinquent payments due under this subsection shall be subject to interest at the rate established for interest on judgments under K.S.A. 16-204(a), and amendments thereto. At the request of the board, delinquent payments that are due or interest owed on such payments, or both, may be deducted from any other moneys payable to such employer by any department or agency of the state.
History: L. 1961, ch. 427, § 20; L. 1963, ch. 412, § 13; L. 1977, ch. 276, § 1; L. 1978, ch. 67, § 9; L. 1979, ch. 247, § 1; L. 1979, ch. 249, § 1; L. 1981, ch. 312, § 2; L. 1982, ch. 319, § 27; L. 1983, ch. 254, § 10; L. 1984, ch. 289, § 10; L. 1985, ch. 254, § 13; L. 1986, ch. 294, § 5; L. 1987, ch. 299, § 21; L. 1988, ch. 302, § 10; L. 1990, ch. 66, § 48; L. 1991, ch. 237, § 1; L. 1992, ch. 321, § 30; L. 1993, ch. 227, § 26; L. 1993, ch. 289, § 2; L. 1994, ch. 293, § 15; L. 1995, ch. 267, § 17; L. 1998, ch. 201, § 26; L. 2000, ch. 112, § 4; L. 2001, ch. 209, § 19; L. 2003, ch. 155, § 5; L. 2004, ch. 182, § 3; L. 2005, ch. 196, § 6; L. 2007, ch. 164, § 17; L. 2008, ch. 179, § 2; L. 2009, ch. 137, § 5; L. 2012, ch. 11, § 2; L. 2012, ch. 171, § 22; L. 2015, ch. 39, § 3; L. 2015, ch. 100, § 12; L. 2016, ch. 12, § 107; L. 2016, ch. 111, § 52; L. 2017, ch. 54, § 43; L. 2017, ch. 104, § 232; L. 2021, ch. 116, § 65; L. 2022, ch. 90, § 3; May 19.
History: L. 1981, ch. 314, § 1; Repealed, L. 1982, ch. 319, § 59; July 1.
History: L. 1961, ch. 427, § 20; L. 1963, ch. 412, § 13; L. 1977, ch. 276, § 1; L. 1978, ch. 67, § 9; L. 1979, ch. 247, § 1; L. 1979, ch. 249, § 1; L. 1981, ch. 312, § 2; L. 1982, ch. 319, § 27; L. 1983, ch. 254, § 10; L. 1984, ch. 289, § 10; L. 1985, ch. 254, § 13; L. 1986, ch. 294, § 5; L. 1987, ch. 299, § 21; L. 1988, ch. 302, § 10; L. 1990, ch. 282, § 10; Repealed, L. 1991, ch. 237, § 22; July 1.
History: L. 1961, ch. 427, § 20; L. 1963, ch. 412, § 13; L. 1977, ch. 276, § 1; L. 1978, ch. 67, § 9; L. 1979, ch. 247, § 1; L. 1979, ch. 249, § 1; L. 1981, ch. 312, § 2; L. 1982, ch. 319, § 27; L. 1983, ch. 254, § 10; L. 1984, ch. 289, § 10; L. 1985, ch. 254, § 13; L. 1986, ch. 294, § 5; L. 1987, ch. 299, § 21; L. 1988, ch. 302, § 10; L. 1990, ch. 66, § 48; L. 1991, ch. 237, § 1; L. 1992, ch. 218, § 7; Repealed, L. 1993, ch. 227, § 57; July 1.
(1) There is hereby created in the state treasury the Kansas public employees retirement fund. All employee and employer contributions shall be deposited in the state treasury to be credited to the Kansas public employees retirement fund. The fund is a trust fund and shall be used solely for the exclusive purpose of providing benefits to members and member beneficiaries and defraying reasonable expenses of administering the fund. Investment income of the fund shall be added or credited to the fund as provided by law. All benefits payable under the system, refund of contributions and overpayments, purchases or investments under the law and expenses in connection with the system unless otherwise provided by law shall be paid from the fund. The director of accounts and reports is authorized to draw warrants on the state treasurer and against such fund upon the filing in the director's office of proper vouchers executed by the chairperson or the executive director of the board. As an alternative, payments from the fund may be made by credits to the accounts of recipients of payments in banks, savings and loan associations and credit unions. A payment shall be so made only upon the written authorization and direction of the recipient of payment and upon receipt of such authorization such payments shall be made in accordance therewith. Orders for payment of such claims may be contained on:
(a) A letter, memorandum, telegram, computer printout or similar writing; or
(b) any form of communication, other than voice, which is registered upon magnetic tape, disc or any other medium designed to capture and contain in durable form conventional signals used for the electronic communication of messages.
(2) The board shall have the responsibility for the management of the fund and shall discharge the board's duties with respect to the fund solely in the interests of the members and beneficiaries of the system for the exclusive purpose of providing benefits to members and such member's beneficiaries and defraying reasonable expenses of administering the fund and shall invest and reinvest moneys in the fund and acquire, retain, manage, including the exercise of any voting rights and disposal of investments of the fund within the limitations and according to the powers, duties and purposes as prescribed by this section.
(3) Moneys in the fund shall be invested and reinvested to achieve the investment objective which is preservation of the fund to provide benefits to members and member beneficiaries, as provided by law and accordingly providing that the moneys are as productive as possible, subject to the standards set forth in this act. No moneys in the fund shall be invested or reinvested if any investment objective is for economic development or social purposes or objectives.
(4) In investing and reinvesting moneys in the fund and in acquiring, retaining, managing and disposing of investments of the fund, the board shall exercise the judgment, care, skill, prudence and diligence under the circumstances then prevailing, which persons of prudence, discretion and intelligence acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims by diversifying the investments of the fund so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so, and not in regard to speculation but in regard to the permanent disposition of similar funds, considering the probable income as well as the probable safety of their capital.
(5) Notwithstanding subsection (4):
(a) Total investments in common stock may be made in the amount of up to 60% of the total book value of the fund;
(b) the board may invest or reinvest moneys of the fund in alternative investments if the following conditions are satisfied:
(i) The total of the annual net commitment to alternative investments does not exceed 5% of the total market value of investment assets of the fund as measured from the end of the preceding calendar year;
(ii) if in addition to the system, there are at least two other qualified institutional buyers, as defined by section (a)(1)(i) of rule 144A, securities act of 1933;
(iii) the system's share in any individual alternative investment is limited to an investment representing not more than 20% of any such individual alternative investment;
(iv) the system has received a favorable and appropriate recommendation from a qualified, independent expert in investment management or analysis in that particular type of alternative investment;
(v) the alternative investment is consistent with the system's investment policies and objectives as provided in subsection (6);
(vi) the individual alternative investment does not exceed more than 2.5% of the total alternative investments made under this subsection. If the alternative investment is made pursuant to participation by the system in a multi-investor pool, the 2.5% limitation contained in this subsection is applied to the underlying individual assets of such pool and not to investment in the pool itself. The total of such alternative investments made pursuant to participation by the system in any one individual multi-investor pool shall not exceed more than 20% of the total of alternative investments made by the system pursuant to this subsection. Nothing in this subsection requires the board to liquidate or sell the system's holdings in any alternative investments made pursuant to participation by the system in any one individual multi-investor pool held by the system on the effective date of this act, unless such liquidation or sale would be in the best interest of the members and beneficiaries of the system and be prudent under the standards contained in this section. The 20% limitation contained in this subsection shall not have been violated if the total of such investment in any one individual multi-investor pool exceeds 20% of the total alternative investments of the fund as a result of market forces acting to increase the value of such a multi-investor pool relative to the rest of the system's alternative investments; however, the board shall not invest or reinvest any moneys of the fund in any such individual multi-investor pool until the value of such individual multi-investor pool is less than 20% of the total alternative investments of the fund;
(vii) the board has received and considered the investment manager's due diligence findings submitted to the board as required by subsection (6);
(viii) prior to the time the alternative investment is made, the system has in place procedures and systems to ensure that the investment is properly monitored and investment performance is accurately measured; and
(ix) the total of alternative investments does not exceed 25% of the total investment assets of the fund. The 25% limitation contained in this subsection shall not have been violated if the total of such alternative investments exceeds 25% of the total investment assets of the fund, based on the fund total market value, as a result of market forces acting to increase the value of such alternative investments relative to the rest of the system's investments. However, the board shall not invest or reinvest any moneys of the fund in alternative investments until the total value of such alternative investments is less than 25% of the total investment assets of the fund based on the market value. If the total value of the alternative investments exceeds 25% of the total investment assets of the fund, the board shall not be required to liquidate or sell the system's holdings in any alternative investment held by the system, unless such liquidation or sale would be in the best interest of the members and beneficiaries of the system and is prudent under the standards contained in this section;
(c) for purposes of this section, "alternative investment" includes a broad group of investments that are not one of the traditional asset types of public equities, fixed income, cash or real estate. Alternative investments are generally made through limited partnership or similar structures, are not regularly traded on nationally recognized exchanges and thus are relatively illiquid, and exhibit lower correlations with more liquid asset types such as stocks and bonds. Alternative investments generally include, but are not limited to, private equity, private credit, hedge funds, infrastructure, commodities and other investments that have the characteristics described in this paragraph; and
(d) except as otherwise provided, the board may invest or reinvest moneys of the fund in real estate investments if the following conditions are satisfied:
(i) The system has received a favorable and appropriate recommendation from a qualified, independent expert in investment management or analysis in that particular type of real estate investment;
(ii) the real estate investment is consistent with the system's investment policies and objectives as provided in subsection (6); and
(iii) the system has received and considered the investment manager's due diligence findings.
(6) (a) Subject to the objective set forth in subsection (3) and the standards set forth in subsections (4) and (5) the board shall formulate policies and objectives for the investment and reinvestment of moneys in the fund and the acquisition, retention, management and disposition of investments of the fund. Such policies and objectives shall include:
(i) Specific asset allocation standards and objectives;
(ii) establishment of criteria for evaluating the risk versus the potential return on a particular investment;
(iii) a requirement that all investment managers submit such manager's due diligence findings on each investment to the board or investment advisory committee for approval or rejection prior to making any alternative investment;
(iv) a requirement that all investment managers shall immediately report all instances of default on investments to the board and provide the board with recommendations and options, including, but not limited to, curing the default or withdrawal from the investment; and
(v) establishment of criteria that would be used as a guideline for determining when no additional add-on investments or reinvestments would be made and when the investment would be liquidated.
(b) The board shall review such policies and objectives, make changes considered necessary or desirable and readopt such policies and objectives on an annual basis.
(7) The board may enter into contracts with one or more persons whom the board determines to be qualified, whereby the persons undertake to perform the functions specified in subsection (2) to the extent provided in the contract. Performance of functions under contract so entered into shall be paid pursuant to rates fixed by the board subject to provisions of appropriation acts and shall be based on specific contractual fee arrangements. The system shall not pay or reimburse any expenses of persons contracted with pursuant to this subsection, except that after approval of the board, the system may pay approved investment related expenses subject to provisions of appropriation acts. The board shall require that a person contracted with to obtain commercial insurance which provides for errors and omissions coverage for such person in an amount to be specified by the board, provided that such coverage shall be at least the greater of $500,000 or 1% of the funds entrusted to such person up to a maximum of $10,000,000. The board shall require a person contracted with to give a fidelity bond in a penal sum as may be fixed by law or, if not so fixed, as may be fixed by the board, with corporate surety authorized to do business in this state. Such persons contracted with the board pursuant to this subsection and any persons contracted with such persons to perform the functions specified in subsection (2) shall be deemed to be agents of the board and the system in the performance of contractual obligations.
(8) (a) In the acquisition or disposition of securities, the board may rely on the written legal opinion of a reputable bond attorney or attorneys, the written opinion of the attorney of the investment counselor or managers, or the written opinion of the attorney general certifying the legality of the securities.
(b) The board shall employ or retain qualified investment counsel or counselors or may negotiate with a trust company to assist and advise in the judicious investment of funds as herein provided.
(9) (a) Except as provided in subsection (7) and this subsection, the custody of money and securities of the fund shall remain in the custody of the state treasurer, except that the board may arrange for the custody of such money and securities as it considers advisable with one or more member banks or trust companies of the federal reserve system or with one or more banks in the state of Kansas, or both, to be held in safekeeping by the banks or trust companies for the collection of the principal and interest or other income or of the proceeds of sale. The services provided by the banks or trust companies shall be paid pursuant to rates fixed by the board subject to provisions of appropriation acts.
(b) The state treasurer and the board shall collect the principal and interest or other income of investments or the proceeds of sale of securities in the custody of the state treasurer and pay same when so collected into the fund.
(c) The principal and interest or other income or the proceeds of sale of securities as provided in this subsection shall be reported to the state treasurer and the board and credited to the fund.
(10) The board shall with the advice of the director of accounts and reports establish the requirements and procedure for reporting any and all activity relating to investment functions provided for in this act in order to prepare a record monthly of the investment income and changes made during the preceding month. The record will reflect a detailed summary of investment, reinvestment, purchase, sale and exchange transactions and such other information as the board may consider advisable to reflect a true accounting of the investment activity of the fund.
(11) The board shall provide for an examination of the investment program annually. The examination shall include an evaluation of current investment policies and practices and of specific investments of the fund in relation to the objective set forth in subsection (3), the standard set forth in subsection (4) and other criteria as may be appropriate, and recommendations relating to the fund investment policies and practices and to specific investments of the fund as are considered necessary or desirable. The board shall include in its annual report to the governor as provided in K.S.A. 74-4907, and amendments thereto, a report or a summary thereof covering the investments of the fund.
(12) Any internal assessment or examination of alternative investments of the system performed by any person or entity employed or retained by the board which evaluates or monitors the performance of alternative investments shall be reported to the legislative post auditor so that such report may be reviewed in accordance with the annual financial-compliance audits conducted pursuant to K.S.A. 74-49,136, and amendments thereto.
History: L. 1961, ch. 427, § 21; L. 1963, ch. 412, § 14; L. 1967, ch. 434, § 40; L. 1968, ch. 128, § 2; L. 1970, ch. 324, § 1; L. 1975, ch. 409, § 1; L. 1979, ch. 291, § 3; L. 1988, ch. 344, § 2; L. 1992, ch. 218, § 8; L. 1992, ch. 321, § 9; L. 1993, ch. 10, § 1; L. 1993, ch. 289, § 3; L. 1994, ch. 142, § 2; L. 1995, ch. 267, § 18; L. 1998, ch. 161, § 1; L. 2000, ch. 152, § 14; L. 2001, ch. 1, § 1; L. 2002, ch. 164, § 8; L. 2004, ch. 182, § 4; L. 2012, ch. 96, § 1; L. 2014, ch. 54, § 4; L. 2018, ch. 89, § 36; L. 2023, ch. 80, § 7; L. 2024, ch. 65, § 10; July 1.
History: L. 1961, ch. 427, § 21; L. 1963, ch. 412, § 14; L. 1967, ch. 434, § 40; L. 1968, ch. 128, § 2; L. 1970, ch. 324, § 1; L. 1975, ch. 409, § 1; L. 1979, ch. 291, § 3; L. 1988, ch. 344, § 2; L. 1992, ch. 218, § 8; L. 1992, ch. 321, § 9; L. 1993, ch. 10, § 1; L. 1993, ch. 289, § 3; L. 1994, ch. 142, § 2; L. 1995, ch. 267, § 18; L. 1998, ch. 201, § 27; Repealed, L. 2000, ch. 152, § 43; July 1.
History: L. 1961, ch. 427, § 21; L. 1963, ch. 412, § 14; L. 1967, ch. 434, § 40; L. 1968, ch. 128, § 2; L. 1970, ch. 324, § 1; L. 1975, ch. 409, § 1; L. 1979, ch. 291, § 3; L. 1988, ch. 344, § 2; L. 1992, ch. 218, § 8; L. 1992, ch. 321, § 9; L. 1993, ch. 10, § 1; L. 1993, ch. 289, § 3; L. 1994, ch. 142, § 2; L. 1995, ch. 267, § 18; L. 1998, ch. 161, § 1; L. 2000, ch. 152, § 14; L. 2001, ch. 209, § 20; Repealed, L. 2002, ch. 164, § 9; July 1.
History: L. 2007, ch. 191, § 1; Repealed, L. 2018, ch. 58, § 1; July 1.
History: L. 2007, ch. 191, § 2; Repealed, L. 2018, ch. 58, § 1; July 1.
The executive director shall maintain such records as are necessary to determine the following reserves.
(a)
Member's accumulated contribution reserve.
This reserve shall be maintained within the fund for each member and for each member having a vested benefit. Each such reserve account shall be credited with the employee's contributions upon receipt thereof and shall be credited on June 30 each year with interest: (1) At the actuarial assumption rate adopted by the board on the balance in the employee's account as of the preceding December 31 for those who first became members prior to July 1, 1993; and (2) 4% for those who first became members on and after July 1, 1993. For the purposes of crediting interest upon accumulated contributions, the term member shall include the beneficiary of a member during the twelve-month period following the death of a member and the beneficiary of a member pursuant to subsection (6) of K.S.A. 74-4918 and amendments thereto during any period commencing on the date of death of such member and ending on the date that the member would have attained retirement age. Refunds of employee's accumulated contributions prior to retirement shall be made from this reserve. Upon commencement of payments of the retirement benefit, the amount in this reserve account for the retiring member or members, shall be transferred to the retirement benefit payment reserve.
(b)
Retirement benefit accumulation reserve.
This reserve within the fund shall be credited with the portion of employer contributions for retirement benefits both for prior service and for participating service and with income of the fund not otherwise directed by law to a different reserve. The board shall credit interest to all other reserves and reserve accounts as provided by law at rates determined by the board. Interest so credited shall be transferred from the retirement benefit accumulation reserve. Separate reserve accounts shall not be maintained for each participating employer joining the system on the first entry date. The board shall determine whether or not separate reserve accounts shall be maintained for each participating employer joining the system after the first entry date.
(c)
Retirement benefit payment reserve.
(i) This reserve within the fund will be credited with the amount transferred from the member's accumulated contributions reserve and from the retirement benefit accumulation reserve and with interest allocated to this reserve at the rate determined each year by the board. This reserve shall be charged with payments of retirement benefits including payments upon death of the excess of member's accumulated contributions over retirement benefit payments paid to date of death. Annually, upon receipt of the actuarial valuation as of the end of the previous fiscal year the board shall cause certain adjustments to be made which shall be made prior to the end of the fiscal year immediately following the fiscal year for which the actuarial valuation is applicable.
(ii) The amount of these adjustments shall be the difference between the amount required by the current actuarial valuation and the amount required by the previous year's actuarial valuation plus amounts transferred to this reserve less amounts paid out of this reserve during the fiscal year to be adjusted. Such adjustments required to maintain this reserve on an actuarial reserve basis as of June 30 of the previous fiscal year shall be accomplished by transfers to or from, as applicable, the retirement benefit accumulation reserve.
(d)
Expense reserve.
This reserve within the fund shall be credited with interest allocated to this reserve at the rate determined each year by the board. It shall be charged with payments of all expenses incurred in connection with the administration of the system.
History: L. 1961, ch. 427, § 22; L. 1965, ch. 446, § 7; L. 1976, ch. 346, § 1; L. 1981, ch. 315, § 1; L. 1982, ch. 319, § 28; L. 1991, ch. 237, § 9; L. 1993, ch. 227, § 28; L. 1998, ch. 64, § 51; L. 2001, ch. 209, § 21; May 31.
(a) No alteration, amendment or repeal of this act shall affect the then existing rights of members and beneficiaries but shall be effective only as to rights which would otherwise accrue under this act as a result of services rendered by an employee after the alteration, amendment or repeal. This subsection shall not apply to any alteration or amendment of this act which provides greater benefits to members or beneficiaries, but any increase of benefits shall only be applicable to benefits payable on the first day of the month coinciding with or following the effective date of the alteration or amendment.
(b) Any annuity, benefits, funds, property or rights created by, or accruing to any person under the provisions of K.S.A. 74-4901 et seq. or 74-4951 et seq., and amendments thereto, including, but not limited to, for all taxable years beginning after December 31, 2000, amounts received as a lump-sum payment at retirement as provided by K.S.A. 74-4918, 74-4964 or 74-4964a, and amendments thereto, and all earnings thereof, shall be exempt from any tax of the state of Kansas or any political subdivision or taxing body of the state, and such lump-sum payment at retirement, and all earnings thereof, shall retain such tax exempt status even if a retirant elects to roll over such lump-sum payment at retirement, and earnings, into a qualified retirement account whether segregated from or commingled with other retirement funds; shall not be subject to execution, garnishment or attachment, or, except as otherwise provided, any other process or claim whatsoever; and shall be unassignable, except that within 30 days after the death of a retirant the lump-sum death benefit payable to a retirant's beneficiary pursuant to the provisions of K.S.A. 74-4989, and amendments thereto, may be assignable to a funeral establishment providing funeral services to the retirant by the beneficiary of such retirant. Any annuity or benefit or accumulated contributions due and owing to any person under the provisions of K.S.A. 74-4901 et seq. or 74-4951 et seq., and amendments thereto, are subject to claims of an alternate payee under a qualified domestic relations order. As used in this subsection, the terms "alternate payee" and "qualified domestic relations order" shall have the meaning ascribed to them in section 414(p) of the federal internal revenue code. The provisions of this act shall apply to any qualified domestic relations order which is in effect on or after July 1, 1994. The Kansas public employees retirement system shall not be a party to any action under the Kansas family law code, chapter 23 of the Kansas Statutes Annotated, and amendments thereto, but is subject to orders from such actions issued by the district court of the county where such action was filed and may also accept orders which it deems to be qualified under this subsection from courts having jurisdiction of such actions outside the state of Kansas. Such orders from such actions shall specify either a specific amount or specific percentage of the amount of the pension or benefit or any accumulated contributions due and owing from the system to be distributed by the system pursuant to this act.
(c) In any case where a state agency is owed a debt or where a participating employer under the Kansas public employees retirement system or under the Kansas police and firemen's retirement system has been required to pay and has paid an arrearage obligation of the amount of contributions of a member which were not paid at the time required and where the employment of the member by the state agency or participating employer has been terminated and the member is eligible to withdraw accumulated contributions in accordance with K.S.A. 74-4917 and 74-4963, and amendments thereto, the state agency or participating employer shall be paid from the member's account in the fund an amount equal to the debt or the amount of contributions of the member paid by the participating employer pursuant to an arrearage obligation, upon application to the board therefor accompanied by certification of the amount to be paid to the state agency or participating employer. If any application and certification under this subsection are not received by the board prior to the withdrawal of accumulated contributions by the member, the board shall not be liable to pay and shall not pay any amount from the fund pursuant to any such application and certification.
History: L. 1961, ch. 427, § 23; L. 1963, ch. 412, § 15; L. 1970, ch. 325, § 1; L. 1974, ch. 338, § 1; L. 1977, ch. 274, § 1; L. 1981, ch. 342, § 15; L. 1982, ch. 152, § 24; L. 1990, ch. 282, § 11; L. 1991, ch. 238, § 3; L. 1992, ch. 321, § 10; L. 1994, ch. 231, § 5; L. 1995, ch. 267, § 19; L. 1998, ch. 64, § 52; L. 2007, ch. 191, § 4; L. 2012, ch. 162, § 86; May 31.
(1) Any person who shall knowingly make any false statement, or who shall falsify or permit to be falsified any record necessary for carrying out the intent of this act for the purpose of committing fraud, shall be subject to the provisions of subsection (a) of K.S.A. 21-6004, and amendments thereto.
(2) Should any error in any records or in any calculation of the Kansas public employees retirement system result in any member or beneficiary receiving more or less than he would have been entitled to receive had the records or calculations been correct, the board shall correct such error, and, as far as practicable, make future payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was entitled shall be paid and may recover any overpayments. In the event a member has withdrawn, all or part of, such member's accumulated contributions in a manner not in compliance with the provisions of this act or the regulations of the system, the member shall forfeit all service credit related to such withdrawn accumulated contributions.
(3) (a) Notwithstanding the provisions of subsection (2) and except as provided in subsection (3)(d), the board is not required to collect any benefit overpayment that is of more than 60 months' standing when discovered, if any errors in the records or calculations of the system that resulted in such overpayment are attributable solely to incorrect procedures or calculations by the system and there is no evidence of fraud or misconduct on the part of the member or other person receiving the benefit.
(b) The board shall make reasonable efforts to recover all benefit overpayment of 60 months' standing or less, including the imposition of an actuarially calculated reduction in an ongoing monthly benefit payment or the deduction of the total overpaid amount from any refund of contributions or group life insurance benefits that become due and payable to the member or member's beneficiary.
(c) No monthly benefit reduction imposed under this section for the purpose of collecting an overpayment shall result in a monthly benefit payment that is more than 10% lower than the monthly benefit payment would have been without such collection-related reduction, except that the monthly benefit payment in all cases must first be reduced to the correct amount as provided by the terms of this section before the 10% cap on collection-related reductions is imposed.
(d) Notwithstanding the provisions of this section, on and after the effective date of this act, the board shall not collect any benefit overpayment, attributable to errors in the calculation of benefits by the system that resulted in such overpayments to any person that first occurred after and as a result of a statutory increase in benefits passed by the legislature in 1993, and there is no evidence of fraud or other misconduct on the part of the person receiving the benefit.
History: L. 1961, ch. 427, § 24; L. 1963, ch. 412, § 16; L. 1968, ch. 128, § 3; L. 1974, ch. 339, § 1; L. 1998, ch. 201, § 28; L. 2000, ch. 152, § 15; L. 2008, ch. 113, § 14; L. 2011, ch. 30, § 253; July 1.
Notwithstanding the provisions of K.S.A. 74-4914 to the contrary, the board of trustees of the Kansas public employees retirement system, upon presentation of satisfactory evidence, may delay the recovery of any benefits inadvertently paid to a retirant while serving as an elected official of any county of the state of Kansas if there is no evidence of fraud or misconduct on the part of the retirant. The recovery may be delayed until the retirant is no longer serving as an elected official. Such repayment may be made by the reduction of future benefits, upon the advice of the actuary, to an amount which is the actuarial equivalent of the amount which would be payable to said retirant after he is no longer an elected official. If the retirant should die before the amount of overpayment is recovered the balance due shall constitute a first-class claim against the estate of said deceased retirant.
History: L. 1969, ch. 391, § 1; April 19.
(1) The state board of regents shall:
(a) Sponsor and maintain a retirement plan under section 403(b) of the federal internal revenue code for all members of the faculty and other persons who are employed by the state board of regents or by educational institutions under the board's management and who are in the unclassified service under the Kansas civil service act as provided in subsection (1)(f) of K.S.A. 75-2935, and amendments thereto, for their service rendered after December 31, 1961, including effective on the first day of the first payroll period commencing with or following July 1, 1994, county extension agents employed by Kansas state university under K.S.A. 2-615, and amendments thereto, except not including: (i) Health care employees, as defined by subsection (1)(f) of K.S.A. 75-2935, and amendments thereto; (ii) cooperative extension service employees covered by a federal retirement plan; (iii) student employees; or (iv) university support staff, as defined by K.S.A. 76-715a, and amendments thereto. An eligible employee who is employed after December 31, 1961, shall participate in such retirement plan when the employee has completed one year of service with the state board of regents or an educational institution under its management, except that: (i) A newly employed eligible employee shall begin participation in the plan immediately, if at the time of the commencement of employment, the eligible employee is covered as a result of employment with an institution of higher education located in the United States, by a retirement plan or program to which employer contributions have been made and benefits accrued for at least one year within the five-year period immediately preceding employment with the state board of regents or with an educational institution under its management; and (ii) all service while in a position eligible for benefits under any state of Kansas retirement plan with respect to which the employee's participation is mandatory, including service during such plan's waiting period, shall be credited toward the year of service requirement, and an eligible employee who has at least one year in a position eligible for benefits under such retirement plan shall be immediately eligible to participate in the state board of regents retirement plan, except that this one-year period must be completed within the five-year period immediately preceding employment with the state board of regents or with an educational institution under the board's management. For purposes of the immediately preceding clauses (i) and (ii), no period of employment as a student employee, seasonal or temporary employee or employee who works less than half-time shall count toward satisfaction of the year of service requirement. The state board of regents may exclude from eligibility under this subsection any persons employed in such temporary or part-time positions as the board designates;
(b) require such members of the faculty and others described in subsection (1)(a) who are eligible to participate in the retirement plan of the state board of regents, as provided in subsection (1)(a), to contribute an amount to such plan equal to 5.5% of such member's compensation, such contributions to be made through payroll deductions and on a pretax basis;
(c) contribute an amount to the retirement plan of the state board of regents, as provided in subsection (1)(a), equal to the percentage amount, as prescribed by K.S.A. 74-4925e, and amendments thereto, of the total amount of the compensation on which such members of the faculty and other persons described in subsection (1)(a) contribute during such period for which the contribution of the state board of regents is made; and
(d) make the contributions required under subsections (1)(b) and (1)(c) in accordance with section 403(b) of the federal internal revenue code and all other applicable sections of the federal internal revenue code and the applicable regulations thereunder.
(2) For the purposes of this section the state board of regents may contract with:
(a) Any life insurance company authorized to do business in this state; or
(b) a bank or approved non-bank trustee or custodian under section 401(f) of the federal internal revenue code, the assets of which are invested in regulated investment company stock.
(3) (a) Such member of the faculty or other person described in subsection (1)(a) shall also be a member of the Kansas public employees retirement system, but only for the purpose of granting retirement benefits based on prior service only which was rendered prior to January 1, 1962, which shall be credited to the member as provided in subsection (1) of K.S.A. 74-4913, and amendments thereto, except that such member of the faculty or other person described in subsection (1)(a) who was employed prior to July 1, 1962, who has not yet retired and who is employed on July 1, 1988, on an academic year contract, shall receive credit for 12 months of prior service for each nine months of prior service for which such member or person was employed on an academic year contract prior to July 1, 1962. For the purpose of determining eligibility for a vested benefit, service by such a member of the faculty or other person after December 31, 1961, shall be construed to be credited service under subsection (2) of K.S.A. 74-4917, and amendments thereto.
(b) Any member of the faculty or other person described in subsection (1)(a) who retires after 10 years of continuous service immediately preceding retirement shall be granted a retirement benefit based on prior service only which was rendered prior to January 1, 1962. Application for such benefit shall be in such form and manner as prescribed by the board of trustees of the Kansas public employees retirement system.
(4) Any employee who becomes eligible to participate in the retirement plan of the state board of regents, as provided in subsection (1)(a), after a reclassification or transfer from a position covered by the Kansas public employees retirement system, and who has accrued benefits under the Kansas public employees retirement system, may file a one-time, irrevocable written election to continue participation in the Kansas public employees retirement system. Failure to file such written election shall be presumed to be an election not to continue participation in the Kansas public employees retirement system and to become a participant in the retirement plan of the state board of regents. Any participant in the retirement plan of the state board of regents who is reclassified or transferred to a position for the state board of regents or an educational institution under its management that qualifies for participation in the Kansas public employees retirement system in accordance with subsection (5) of K.S.A. 74-4911, and amendments thereto, may file a one-time irrevocable written election to continue participation in the retirement plan of the state board of regents. Failure to file such written election shall be presumed to be an election not to remain eligible for assistance by the state board of regents under this section and to become a member of the Kansas public employees retirement system under subsection (5) of K.S.A. 74-4911, and amendments thereto. Such election shall be filed prior to the first day of the first complete payroll period after the effective date of such reclassification or transfer, and shall be effective on the first day of the first complete payroll period after the effective date of such reclassification or transfer. Such election shall be irrevocable.
(5) A participant in the retirement plan of the state board of regents, as provided in subsection (1)(a), who takes a leave of absence and is elected or appointed as a member of the legislature of the state of Kansas may file a one-time, irrevocable written election to continue participation in such retirement plan for purposes of subsection (1)(c) only. Such election shall be filed prior to the first day of the first complete payroll period after commencement of service for the legislature or, for any employee who is a member of the legislature on January 8, 2001, prior to the first day of the first complete payroll period after July 1, 2001. Elections shall be effective as of the effective date of such employment, except that for any employee who files an election as provided in this subsection and who was a member of the legislature on January 8, 2001, such election shall be effective on January 8, 2001. Failure to file such a written election shall be presumed to be an election not to continue participation in the retirement plan of the state board of regents. The state board of regents shall contribute an amount to the retirement plan on behalf of an eligible employee who has made such an election equal to the percentage amount, as prescribed by K.S.A. 74-4925e, and amendments thereto, of the compensation of such employee in effect on the date immediately preceding such leave of absence. Any employee who makes an election as provided under this subsection shall be eligible for the insured death benefit and insured disability benefit in the same manner as provided under the provisions of K.S.A. 74-4927a, and amendments thereto. The provisions of this subsection are intended to further the public policy of encouraging persons to serve in elective office.
(6) The state board of regents shall adopt uniform rules, regulations and policies applicable to members of the faculty and other persons described in subsection (1)(a), for the purposes of administering the provisions of this section and the retirement plan of the state board of regents, as provided in subsection (1)(a). All actions undertaken by the state board of regents and agreements entered into pursuant to this section prior to the effective date are hereby authorized, confirmed and validated.
History: L. 1961, ch. 427, § 25; L. 1963, ch. 414, § 1; L. 1973, ch. 322, § 1; L. 1974, ch. 390, § 17; L. 1976, ch. 347, § 1; L. 1977, ch. 273, § 3; L. 1979, ch. 246, § 2; L. 1984, ch. 290, § 2; L. 1985, ch. 255, § 1; L. 1986, ch. 295, § 1; L. 1987, ch. 300, § 1; L. 1987, ch. 301, § 2; L. 1988, ch. 302, § 11; L. 1989, ch. 232, § 11; L. 1991, ch. 237, § 2; L. 1993, ch. 227, § 29; L. 1993, ch. 289, § 7; L. 1994, ch. 293, § 16; L. 2001, ch. 209, § 22; L. 2003, ch. 155, § 6; L. 2005, ch. 196, § 7; L. 2006, ch. 168, § 3; L. 2009, ch. 15, § 1; April 2.
Any member of the faculty or others described in subsection (1)(a) of K.S.A. 74-4925 and amendments thereto, who is a member of the Kansas public employees retirement system for the purpose of being granted retirement benefits based on prior service only and who has attained age 60 and has 10 or more years of service which is construed to be credited service in determining eligibility for a vested benefit as provided in subsection (3) of K.S.A. 74-4925 and amendments thereto, whose spouse is such member's beneficiary and who has not yet retired but who dies while still in service with the state of Kansas, such surviving spouse may be granted a benefit under the joint and ½ to joint annuitant survivor option as if the member had retired on the date of such member's death. This section shall apply to cases involving such members who died after January 1, 1969.
History: L. 1969, ch. 386, § 1; L. 1970, ch. 322, § 1; L. 1988, ch. 302, § 12; July 1.
The state board of regents may establish a procedure whereby any employee of the state board of regents or any educational institution under the board's management, but not including student employees, subject to the rules and regulations of the state board of regents, may voluntarily request that the state board of regents reduce the employee's compensation and contribute such to an investment provider who has been approved by the state board of regents to offer contracts in accordance with section 403(b) of the federal internal revenue code. The state board of regents may exclude from eligibility under this section any persons employed in such temporary or part-time positions as the board designates.
History: L. 1974, ch. 319, § 1; L. 1977, ch. 273, § 4; L. 2005, ch. 196, § 8; May 19.
History: L. 1961, ch. 427, § 25; L. 1963, ch. 414, § 1; L. 1973, ch. 322, § 1; L. 1974, ch. 390, § 17; L. 1976, ch. 347, § 1; L. 1977, ch. 273, § 3; L. 1979, ch. 246, § 2; L. 1984, ch. 290, § 2; L. 1985, ch. 255, 1; L. 1986, ch. 294, § 6; Repealed, L. 1987, ch. 300, § 2; May 21.
History: L. 1961, ch. 427, § 25; L. 1963, ch. 414, § 1; L. 1973, ch. 322, § 1; L. 1974, ch. 390, § 17; L. 1976, ch. 347, § 1; L. 1977, ch. 273, § 3; L. 1979, ch. 246, § 2; L. 1984, ch. 290, § 2; L. 1985, ch. 255, § 1; L. 1986, ch. 295, § 1; L. 1987, ch. 299, § 22; Repealed, L. 1988, ch. 302, § 36; July 1.
On and after the effective date of this act, the percentage amount to be contributed by the state board of regents under subsection (1)(c) of K.S.A. 74-4925, and amendments thereto, shall be computed on the basis of 8.5% for payroll periods chargeable to the fiscal year ending June 30, 1994.
History: L. 1987, ch. 301, § 1; L. 1993, ch. 289, § 8; L. 2005, ch. 196, § 9; May 19.
History: L. 1961, ch. 427, § 25; L. 1963, ch. 414, § 1; L. 1973, ch. 322, § 1; L. 1974, ch. 390, § 17; L. 1976, ch. 347, § 1; L. 1977, ch. 273, § 3; L. 1979, ch. 246, § 2; L. 1984, ch. 290, § 2; L. 1985, ch. 255, § 1; L. 1986, ch. 295, § 1; L. 1987, ch. 300, § 1; L. 1987, ch. 301, § 2; L. 1988, ch. 302, § 11; L. 1989, ch. 233, § 1; Repealed, L. 1991, ch. 237, § 22; July 1.
On and after the effective date of this act, each person who has retired and has been receiving or who will become eligible to receive a benefit as provided under subsection (3) of K.S.A. 74-4925, and amendments thereto and each person who is a former member who was eligible for assistance pursuant to K.S.A. 74-4925, and amendments thereto, prior to July 1, 1998, shall be a special member of the Kansas public employees retirement system.
History: L. 2003, ch. 155, § 19; May 29.
History: L. 1961, ch. 427, § 25; L. 1963, ch. 414, § 1; L. 1973, ch. 322, § 1; L. 1974, ch. 390, § 17; L. 1976, ch. 347, § 1; L. 1977, ch. 273, § 3; L. 1979, ch. 246, § 2; L. 1984, ch. 290, § 2; L. 1985, ch. 255, § 1; L. 1986, ch. 295, § 1; L. 1987, ch. 300, § 1; L. 1987, ch. 301, § 2; L. 1988, ch. 302, § 11; L. 1989, ch. 232, § 11; L. 1991, ch. 237, § 2; L. 1993, ch. 227, § 29; L. 1993, ch. 289, § 7; L. 1994, ch. 293, § 16; L. 2001, ch. 209, § 22; L. 2003, ch. 155, § 6; L. 2005, ch. 94, § 2; Repealed, L. 2006, ch. 168, § 10; July 1.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1961, ch. 427, § 26; April 22.
(1) The board may establish a plan of death and long-term disability benefits to be paid to the members of the retirement system as provided by this section. The long-term disability benefit shall be payable in accordance with the terms of such plan as established by the board, except that for any member who is disabled prior to the effective date of this act, the annual disability benefit amount shall be an amount equal to 662/3% of the member's annual rate of compensation on the date such disability commenced. Such plan shall provide that:
(A) The right to receive such long-term disability benefit shall cease: (i) For a member who becomes eligible for such benefit before attaining age 60, upon the date that such member attains age 65 or the date of such member's retirement, whichever first occurs; and (ii) for a member who becomes eligible for such benefit at or after attaining age 60, the date that such member has received such benefit for a period of five years, or upon the date of such member's retirement, whichever first occurs.
(B) Long-term disability benefit payments shall be in lieu of any accidental total disability benefit that a member may be eligible to receive under K.S.A.
74-4916(3), and amendments thereto. The member must make an initial application for social security disability benefits and, if denied such benefits, the member must pursue and exhaust all administrative remedies of the social security administration that include, but are not limited to, reconsideration and hearings. Such plan may provide that any amount that a member receives as a social security benefit or a disability benefit or compensation from any source by reason of any employment including, but not limited to, workers compensation benefits may be deducted from the amount of long-term disability benefit payments under such plan. However, in no event shall the amount of long-term disability benefit payments under such plan be reduced by any amounts a member receives as a supplemental disability benefit or compensation from any source by reason of the member's employment, provided such supplemental disability benefit or compensation is based solely upon the portion of the member's monthly compensation that exceeds the maximum monthly compensation taken into account under such plan. As used in this paragraph, "maximum monthly compensation" means the dollar amount that results from dividing the maximum monthly disability benefit payable under such plan by the percentage of compensation that is used to calculate disability benefit payments under such plan. During the period in which such member is pursuing such administrative remedies prior to a final decision of the social security administration, social security disability benefits may be estimated and may be deducted from the amount of long-term disability benefit payments under such plan. If the social security benefit, workers compensation benefit, other income or wages or other disability benefit by reason of employment other than a supplemental benefit based solely on compensation in excess of the maximum monthly compensation taken into account under such plan, or any part thereof, is paid in a lump-sum, the amount of the reduction shall be calculated on a monthly basis over the period of time for which the lump-sum is given. As used in this section, "workers compensation benefits" means the total award of disability benefit payments under the workers compensation act notwithstanding any payment of attorney fees from such benefits as provided in the workers compensation act.
(C) The plan may include other provisions relating to: Qualifications for benefits; schedules and graduation of benefits; limitations of eligibility for benefits by reason of termination of employment or membership; conversion privileges; limitations of eligibility for benefits by reason of leaves of absence, military service or other interruptions in service; limitations on the condition of long-term disability benefit payment by reason of improved health; requirements for medical examinations or reports; or any other reasonable provisions as established by rule and regulation of uniform application adopted by the board.
(D) Any visually impaired person who is in training at and employed by a sheltered workshop for the blind operated by the secretary for children and families and who would otherwise be eligible for the long-term disability benefit as described in this section shall not be eligible to receive such benefit due to visual impairment as such impairment shall be determined to be a preexisting condition.
(2) (A) In the event that a member becomes eligible for a long-term disability benefit under the plan authorized by this section such member shall be given participating service credit for the entire period of such disability. Such member's final average salary shall be computed in accordance with K.S.A.
74-4902(17), and amendments thereto, except that the years of participating service used in such computation shall be the years of salaried participating service.
(B) In the event that a member eligible for a long-term disability benefit under the plan authorized by this section shall be disabled for a period of five years or more immediately preceding retirement, such member's final average salary shall be adjusted upon retirement by the actuarial salary assumption rates in existence during such period of disability. Effective July 1, 1998, such member's final average salary shall be adjusted upon retirement by an amount equal to the lesser of: (i) The percentage increase in the consumer price index for all urban consumers as published by the bureau of labor statistics of the United States department of labor minus 1%; or (ii) four percent per annum, measured from the member's last day on the payroll to the month that is two months prior to the month of retirement, for each year of disability after July 1, 1998.
(C) In the event that a member eligible for a long-term disability benefit under the plan authorized by this section shall be disabled for a period of five years or more immediately preceding death, such member's current annual rate shall be adjusted by the actuarial salary assumption rates in existence during such period of disability. Effective July 1, 1998, such member's current annual rate shall be adjusted upon death by an amount equal to the lesser of: (i) The percentage increase in the consumer price index for all urban consumers published by the bureau of labor statistics of the United States department of labor minus 1%; or (ii) 4% per annum, measured from the member's last day on the payroll to the month that is two months prior to the month of death, for each year of disability after July 1, 1998.
(3) (A) To carry out the legislative intent to provide, within the funds made available therefor, the broadest possible coverage for members who are in active employment or involuntarily absent from such active employment, the plan of death and long-term disability benefits shall be subject to adjustment from time to time by the board within the limitations of this section. The plan may include terms and provisions that are consistent with the terms and provisions of group life and long-term disability policies usually issued to those employers who employ a large number of employees. The board shall have the authority to establish and adjust from time to time the procedures for financing and administering the plan of death and long-term disability benefits authorized by this section. Either the insured death benefit or the insured disability benefit or both such benefits may be financed directly by the system or by one or more insurance companies authorized and licensed to transact group life and group accident and health insurance in this state.
(B) The board may contract with one or more insurance companies, which are authorized and licensed to transact group life and group accident and health insurance in Kansas, to underwrite or to administer or to both underwrite and administer either the insured death benefit or the long-term disability benefit or both such benefits. Each such contract with an insurance company under this subsection shall be entered into on the basis of competitive bids solicited and administered by the board. Such competitive bids shall be based on specifications prepared by the board.
(i) In the event the board purchases one or more policies of group insurance from such company or companies to provide either the insured death benefit or the long-term disability benefit or both such benefits, the board shall have the authority to subsequently cancel one or more of such policies and, notwithstanding any other provision of law, to release each company that issued any such canceled policy from any liability for future benefits under any such policy and to have the reserves established by such company under any such canceled policy returned to the system for deposit in the group insurance reserve of the fund.
(ii) In addition, the board shall have the authority to cancel any policy or policies of group life and long-term disability insurance in existence on the effective date of this act and, notwithstanding any other provision of law, to release each company that issued any such canceled policy from any liability for future benefits under any such policy and to have the reserves established by such company under any such canceled policy returned to the system for deposit in the group insurance reserve of the fund. Notwithstanding any other provision of law, no premium tax shall be due or payable by any such company or companies on any such policy or policies purchased by the board nor shall any brokerage fees or commissions be paid thereon.
(4) (A) There is hereby created in the state treasury the group insurance reserve fund. Investment income of the fund shall be added or credited to the fund as provided by law. The cost of the plan of death and long-term disability benefits shall be paid from the group insurance reserve fund, which shall be administered by the board. Each participating employer shall appropriate and pay to the system in such manner as the board shall prescribe in addition to the employee and employer retirement contributions an amount equal to 1.0% of the amount of compensation on which the members' contributions to the Kansas public employees retirement system are based for deposit in the group insurance reserve fund. Notwithstanding the provisions of this subsection, no participating employer other than the state of Kansas shall appropriate and pay to the system any amount provided for by this subsection for deposit in the group insurance reserve fund for the period commencing on July 1, 2021, and ending on June 30, 2022. Notwithstanding the provisions of this subsection, the state of Kansas shall not appropriate and pay to the system any amount provided for by this subsection for deposit in the group insurance reserve fund for the period commencing on July 1, 2020, and ending on June 30, 2021.
(B) The director of the budget and the governor shall include in the budget and in the budget request for appropriations for personal services a sum to pay the state's contribution to the group insurance reserve fund as provided by this section and shall present the same to the legislature for allowances and appropriation.
(C) The provisions of K.S.A.
74-4920(4), and amendments thereto, shall apply for the purpose of providing the funds to make the contributions to be deposited to the group insurance reserve fund.
(D) Any dividend or retrospective rate credit allowed by an insurance company or companies shall be credited to the group insurance reserve fund and the board may take such amounts into consideration in determining the amounts of the benefits under the plan authorized by this section.
(5) The death benefit provided under the plan of death and long-term disability benefits authorized by this section shall be known and referred to as insured death benefit. The long-term disability benefit provided under the plan of death and long-term disability benefits authorized by this section shall be known and referred to as long-term disability benefit.
(6) The board is hereby authorized to establish an optional death benefit plan for employees and spouses and dependents of employees. Except as provided in subsection (7), such optional death benefit plan shall be made available to all employees who are covered or may hereafter become covered by the plan of death and long-term disability benefits authorized by this section. The cost of the optional death benefit plan shall be paid by the applicant either by means of a system of payroll deductions or direct payment to the board. The board shall have the authority and discretion to establish such terms, conditions, specifications and coverages as it may deem to be in the best interest of the state of Kansas and its employees that should include term death benefits for the person's period of active state employment regardless of age, but in no case, shall the maximum allowable coverage be less than $200,000. The cost of the optional death benefit plan shall not be established on such a basis as to unreasonably discriminate against any particular age group. The board shall have full administrative responsibility, discretion and authority to establish and continue such optional death benefit plan and the director of accounts and reports of the department of administration shall when requested by the board and from funds appropriated or available for such purpose establish a system to make periodic deductions from state payrolls to cover the cost of the optional death benefit plan coverage under the provisions of this subsection and shall remit all deductions together with appropriate accounting reports to the system. There is hereby created in the state treasury the optional death benefit plan reserve fund. Investment income of the fund shall be added or credited to the fund as provided by law. All funds received by the board, whether in the form of direct payments, payroll deductions or otherwise, shall be accounted for separately from all other funds of the retirement system and shall be paid into the optional death benefit plan reserve fund, from which the board is authorized to make the appropriate payments and to pay the ongoing costs of administration of such optional death benefit plan as may be incurred in carrying out the provisions of this subsection.
(7) Any employer other than the state of Kansas that is currently a participating employer of the Kansas public employees retirement system or is in the process of affiliating with the Kansas public employees retirement system may also elect to affiliate for the purposes of subsection (6). All such employers shall make application for affiliation with such system, to be effective on January 1 or July 1 next following application.
(8) For purposes of the death benefit provided under the plan of death and long-term disability benefits authorized by this section and the optional death benefit plan authorized by subsection (6), commencing on the effective date of this act, in the case of medical or financial hardship of the member as determined by the executive director, or otherwise commencing January 1, 2005, the member may name a beneficiary or beneficiaries other than the beneficiary or beneficiaries named by the member to receive other benefits as provided by the provisions of K.S.A.
74-4901
et seq., and amendments thereto.
History: L. 1965, ch. 446, § 8; L. 1973, ch. 323, § 1; L. 1975, ch. 408, § 2; L. 1978, ch. 321, § 1; L. 1980, ch. 239, § 1; L. 1981, ch. 315, § 2; L. 1982, ch. 319, § 29; L. 1984, ch. 289, § 11; L. 1985, ch. 254, § 14; L. 1986, ch. 294, § 7; L. 1987, ch. 299, § 23; L. 1989, ch. 232, § 12; L. 1990, ch. 282, § 12; L. 1993, ch. 289, § 4; L. 1994, ch. 293, § 17; L. 1998, ch. 64, § 53; L. 1998, ch. 201, § 29; L. 2000, ch. 112, § 5; L. 2000, ch. 152, § 16; L. 2001, ch. 209, § 23; L. 2002, ch. 116, § 4; L. 2003, ch. 155, § 8; L. 2004, ch. 182, § 5; L. 2005, ch. 196, § 10; L. 2006, ch. 168, § 5; L. 2009, ch. 4, § 1; L. 2010, ch. 158, § 1; L. 2012, ch. 171, § 26; L. 2013, ch. 57, § 1; L. 2014, ch. 115, § 303; L. 2016, ch. 76, § 7; L. 2021, ch. 75, § 3; July 1.
(1) For the purposes of providing the "insured death benefit" and "insured disability benefit" as prescribed in K.S.A. 74-4927, and amendments thereto, the term "member" as used in K.S.A. 74-4927, and amendments thereto, shall include those members of the faculty and other persons, as defined in subsection (1)(a) of K.S.A. 74-4925, and amendments thereto, who are eligible to participate in the retirement plan of the state board of regents as provided in K.S.A. 74-4925, and amendments thereto.
(2) Each educational institution under the management of the state board of regents shall pay to the Kansas public employees retirement system in such manner as the board of trustees shall prescribe each payroll period an amount sufficient to pay the employer's contribution to the group insurance reserve as provided in K.S.A. 74-4927, and amendments thereto. Subsection (2) of K.S.A. 74-4932, and amendments thereto, shall also apply in determining such contributions and benefits.
(3) Each educational institution under the management of the state board of regents shall maintain a file of the beneficiaries named by the persons covered under the provisions of this act in the form and manner as prescribed by the board of trustees.
(4) Except as otherwise provided, in the event that a member of the faculty or other person defined in subsection (1)(a) of K.S.A. 74-4925, and amendments thereto, who is an active participant in the retirement plan of the state board of regents becomes eligible for and begins to receive the insured disability benefit prescribed in K.S.A. 74-4927, and amendments thereto, the state board of regents shall continue to make the contributions on behalf of such individual to the retirement plan of the state board of regents provided under subsection (1)(c) of K.S.A. 74-4925 and 74-4925e, and amendments thereto, and shall also contribute to the retirement plan an amount equal to the individual's contribution required under subsection (b)(1) of K.S.A. 74-4925, and amendments thereto. Commencing on and after July 1, 2005, such contributions shall cease at the earliest of: (A) The date that the individual is no longer entitled to an insured disability benefit under K.S.A. 74-4927, and amendments thereto; (B) the date that is five years after the date the individual becomes eligible for and begins to receive the insured disability benefit prescribed in K.S.A. 74-4927, and amendments thereto; or (C) the date required by section 403(b)(3) of the federal internal revenue code. For purposes of applying this subsection, compensation under subsections (1)(b) and (1)(c) of K.S.A. 74-4925, and amendments thereto, means the individual's compensation at the time the individual became disabled as defined under the insured disability program prescribed in K.S.A. 74-4927, and amendments thereto. Retirement plan contributions under this subsection shall be made in accordance with the requirements of section 403(b)(3) of the federal internal revenue code.
(5) The state board of regents may establish a plan of long-term disability benefits to be paid to members of the faculty or other persons defined in subsection (1)(a) of K.S.A. 74-4925, and amendments thereto, who become eligible for an insured disability benefit under K.S.A. 74-4927, and amendments thereto, and who satisfy the eligibility criteria set forth in this subsection. Long-term disability benefits paid under this subsection shall be in the same amount payable to the retirement plan of the state board of regents under subsection (4), but shall be paid on a taxable basis. Long-term disability benefits under this subsection shall be payable to a member of the faculty or other person defined in subsection (1)(a) of K.S.A. 74-4925, and amendments thereto, who:
(A) Is an active participant in the retirement plan of the state board of regents on July 1, 2005; has less than 10 years of participation in the retirement plan of the state board of regents as of July 1, 2005; becomes entitled to the insured disability benefit prescribed in K.S.A. 74-4927, and amendments thereto, before July 1, 2010; and has been a participant in the retirement plan of the state board of regents continuously from July 1, 2005, until the date entitled to the insured disability benefit prescribed in K.S.A. 74-4927, and amendments thereto;
(B) is an active participant in the retirement plan of the state board of regents on July 1, 2005; has 10 or more years of participation in the retirement plan of the state board of regents as of July 1, 2005; becomes entitled to the insured disability benefit prescribed in K.S.A. 74-4927, and amendments thereto; and has been a participant in the retirement plan of the state board of regents continuously from July 1, 2005, until the date entitled to the insured disability benefit prescribed in K.S.A. 74-4927, and amendments thereto;
(C) is receiving the insured disability benefit prescribed in K.S.A. 74-4927, and amendments thereto, on July 1, 2005; or
(D) is disabled within the meaning of K.S.A. 74-4927, and amendments thereto, on July 1, 2005, but is still in the waiting period, if any, before the insured disability benefit prescribed in K.S.A. 74-4927, and amendments thereto, begins.
In no event is an individual who is not an active participant in the retirement plan of the state board of regents on July 1, 2005, entitled to a long-term disability benefit under this subsection. An eligible individual shall begin receiving long-term disability benefits under this subsection at such time that the individual is no longer entitled to retirement plan contributions under subsection (4), and shall cease receiving long-term disability benefits under this subsection at such time that the individual is no longer entitled to the insured disability benefit prescribed in K.S.A. 74-4927, and amendments thereto. In no event shall long-term disability benefits payable under this subsection in any way reduce the insured disability benefits prescribed in K.S.A. 74-4927, and amendments thereto, nor shall long-term disability benefits payable under this subsection in any way delay the commencement of payment of the insured disability benefits prescribed in K.S.A. 74-4927, and amendments thereto.
(6) The state board of regents shall have the authority to establish and adjust from time to time the procedures for financing and administering the long-term disability plan authorized by this section. The long-term disability benefit may be financed directly by the state board of regents or by one or more insurance companies authorized and licensed to transact group life and group accident and health insurance in Kansas. The state board of regents may also contract with one or more insurance companies authorized and licensed to transact group life and group accident and health insurance in Kansas to underwrite or to administer, or both, the long-term disability benefit under this section. Each such contract with an insurance company under this subsection shall be entered into on the basis of competitive bids solicited and administered by the state board of regents, and such competitive bids shall be based on specifications prepared by the board.
(7) In the event the state board of regents purchases one or more policies of group insurance from such company or companies to finance the long-term disability plan, the board shall have the authority to subsequently cancel one or more of such policies and, notwithstanding any other provision of law, to release each company which issued any such canceled policy from any liability for future benefits under any such policy and to have the reserves established by such company under any such canceled policy returned to the state board of regents.
(8) Any member of the faculty or other person defined in K.S.A. 74-4927, and amendments thereto, may elect to continue to participate in the insured disability plan and insured death plan as prescribed in K.S.A. 74-4927, and amendments thereto, while on leave of absence without compensation from an educational institution under the management of the state board of regents. Such member or person's election is valid only if such member or person files notice of such election with such member's or person's educational institution. Such member or person shall remit an amount equal to the required contributions to such educational institution. The educational institution shall report and remit such contributions in the same form and manner as other contributions are remitted by such educational institution. Such contributions shall not be more than such contributions would have been had such member or person not commenced such leave of absence. Upon returning to employment with an educational institution under the management of the state board of regents, for such member or person who elects to continue coverage as provided in this subsection, the provisions of subsections (1) through (5) of this section shall apply.
History: L. 1973, ch. 324, § 1; L. 1981, ch. 315, § 3; L. 1983, ch. 254, § 11; L. 1986, ch. 294, § 8; L. 1989, ch. 232, § 13; L. 1998, ch. 64, § 54; L. 2005, ch. 196, § 11; May 19.
(1) For the purposes of providing the "insured death benefit" and "insured disability benefit" as prescribed in K.S.A. 74-4927, and amendments thereto, and for the purposes of providing the "accidental death benefit" as prescribed in subsection (2) of K.S.A. 74-4916, and amendments thereto, to those members of the faculty and other persons employed by educational institutions under the management of the state board of education who are receiving assistance in the purchase of retirement annuities as provided in K.S.A. 74-4925, and amendments thereto, the term "member" as used in subsection (2) of K.S.A. 74-4916, and amendments thereto, and in K.S.A. 74-4927, and amendments thereto, shall include the aforementioned members of the faculty and other persons employed by educational institutions under the management of the state board of education and who are receiving such assistance.
(2) Each institution under the state board of education furnishing such assistance shall pay to the Kansas public employees retirement system in such manner as the board of trustees shall prescribe each payroll period an amount sufficient to pay the employer's contribution to the group insurance reserve as provided in K.S.A. 74-4927, and amendments thereto, and an amount sufficient to pay the amount of the employer's contribution attributable to the accidental death benefit as prescribed in subsection (2) of K.S.A. 74-4916, and amendments thereto. Subsection (2) of K.S.A. 74-4932, and amendments thereto, shall also apply in determining such contributions and benefits.
(3) Each such institution under the state board of education shall maintain a file of the beneficiaries named by the persons covered under the provisions of this act in the form and manner as prescribed by the board of trustees.
(4) In the event that a member of the faculty or other person as herein defined becomes eligible for the insured disability benefit, the respective educational institutions under the board of education hereinbefore described shall continue to provide the assistance including the payment of employers and employees contributions in the purchase of the retirement annuities provided in K.S.A. 74-4925, and amendments thereto, until the date of retirement.
History: L. 1973, ch. 326, § 1; L. 1981, ch. 315, § 4; L. 1983, ch. 254, § 12; L. 1986, ch. 294, § 9; L. 1998, ch. 64, § 55; L. 2002, ch. 116, § 5; May 23.
(1) For the purposes of providing the "insured death benefit" and "insured disability benefit" as prescribed in K.S.A. 74-4927, and amendments thereto, and of providing the "accidental death benefit" as prescribed in subsection (2) of K.S.A. 74-4916, to all employees of the state of Kansas who are fulfilling the one-year continuous service requirement under subsection (2) of K.S.A. 74-4911, on and after the first day of the first payroll period of the fiscal year ending June 30, 1980, the term "member" as used in K.S.A. 74-4927, and amendments thereto, and subsection (2) of K.S.A. 74-4916 and as used in this section shall include the aforementioned employees.
(2) The employer of any member shall pay to the Kansas public employees retirement system in such manner as the board of trustees shall prescribe, beginning with the first day of the first payroll period of the fiscal year ending June 30, 1980, and each payroll period thereafter, an amount sufficient to pay the employer's contribution to the group insurance reserve as provided in subsection (4) of K.S.A. 74-4927, and amendments thereto.
(3) The employer of any member shall maintain a file of the beneficiaries named by the persons covered under this section in the form and manner as prescribed by the board of trustees.
(4) In the event that a member becomes eligible for the insured disability benefit, such member shall become a member of the system at the time such member would have completed one year of continuous service under subsection (2) of K.S.A. 74-4911 and become a member of the system had such member not become eligible for the insured disability benefit.
(5) Coverage under the plan of death and long-term disability benefits shall begin with the first day of the first payroll period of the fiscal year ending June 30, 1980, for such members and other persons as herein defined.
History: L. 1979, ch. 234, § 1; L. 1981, ch. 315, § 5; April 30.
Commencing with the first day of the first payroll period of the fiscal year ending June 30, 1983, the optional death benefit plan established by the board of trustees of the Kansas public employees retirement system under subsection (6) of K.S.A. 74-4927 and amendments thereto shall be made available to all persons who are in service as judges, who are members of the retirement system for judges and who have not retired thereunder, subject to and in accordance with all provisions of that statute and in the same manner that the plan is made available to other employees of the state under that statute, notwithstanding any provision of K.S.A. 40-433 or other section of the insurance code of the state of Kansas, or any acts amendatory thereof or supplementary thereto. As used in this section, "judges" has the meaning ascribed thereto in K.S.A. 20-2601 and amendments thereto.
History: L. 1982, ch. 319, § 46; May 20.
(1) Except as provided in subsection (2), the optional death benefit plan established by the board of trustees of the Kansas public employees retirement system under subsection (6) of K.S.A. 74-4927 and amendments thereto shall be available to all persons who are members of the Kansas police and firemen's retirement system and who have not retired thereunder, subject to and in accordance with all provisions of that statute and in the same manner that the plan is made available to other employees of the state under that statute, notwithstanding any provision of K.S.A. 40-433 and amendments thereto or other section of the insurance code of the state of Kansas and amendments thereto.
(2) Any employer other than the state of Kansas which is currently a participating employer of the Kansas police and firemen's retirement system or is in the process of affiliating with the Kansas police and firemen's retirement system may also elect to affiliate for the purposes of subsection (6) of K.S.A. 74-4927 and amendments thereto. All such employers shall make application for affiliation with such system in the manner provided by K.S.A. 74-4910 and amendments thereto, to be effective on January 1 next following application. Such optional death benefit plan shall not be available for employees of employers specified under this subsection until after July 1, 1988.
History: L. 1982, ch. 319, § 57; L. 1987, ch. 299, § 24; July 1.
(a) For the purposes of providing the "insured death benefit" as prescribed in K.S.A. 74-4927, and amendments thereto, to all persons who are members of the retirement system for judges, the term "member" as used in K.S.A. 74-4927, and amendments thereto, and as used in this section shall include members of the retirement system for judges.
(b) Except as otherwise provided by this subsection, the employer of any member who is a member of the retirement system for judges shall pay to the Kansas public employees retirement system in such manner as the board of trustees shall prescribe, an amount equal to .4% of the amount of compensation on which the member's contributions to the retirement system for judges are based for deposit in the group insurance reserve of the Kansas public employees retirement fund, in lieu of the amount required to be paid under subsection (4) of K.S.A. 74-4927, and amendments thereto. Notwithstanding the provisions of this subsection, no employer shall pay to the system any amount provided for by this subsection for deposit in the group insurance reserve fund for the period commencing on April l, 2000, and ending on December 31, 2001, for the period commencing July 1, 2002, and ending on December 31, 2002, or for the period commencing on April 1, 2003, and ending on June 30, 2004.
History: L. 1983, ch. 254, § 3; L. 1993, ch. 227, § 31; L. 2000, ch. 112, § 6; L. 2001, ch. 209, § 24; L. 2002, ch. 116, § 6; L. 2003, ch. 155, § 9; May 29.
(1) For the purposes of providing the "insured death benefit" and "long-term disability benefit" as prescribed in K.S.A. 74-4927, and amendments thereto, and for the purposes of providing the "accidental death benefit" as prescribed in subsection (2) of K.S.A. 74-4916, and amendments thereto, to all employees employed by the state board of regents or by educational institutions under the state board of regents who are fulfilling the service requirement under subsection (a) of K.S.A. 74-4925, and amendments thereto, on and after the first day of the first payroll period of the fiscal year ending June 30, 1985, the term "member" as used in subsection (2) of K.S.A. 74-4916, and amendments thereto, and K.S.A. 74-4927a, and amendments thereto, and in this section, shall include the aforementioned employees.
(2) The employer of any member shall pay to the Kansas public employees retirement system in such manner as the board of trustees shall prescribe each payroll period an amount sufficient to pay the amount of the employer's contribution attributable to the accidental death benefit as prescribed in subsection (2) of K.S.A. 74-4916, and amendments thereto, and an amount sufficient to pay the employer's contribution to the group insurance reserve as provided in subsection (4) of K.S.A. 74-4927, and amendments thereto.
(3) The employer of any member shall maintain a file of the beneficiaries named by the persons covered under this section in the form and manner as prescribed by the board of trustees.
History: L. 1984, ch. 289, § 21; L. 2002, ch. 116, § 7; May 23.
(1) The provisions of this section shall apply to employees of the state board of regents and institutions under its management covered by the provisions of K.S.A. 74-4925 and 74-4927a and amendments thereto. This section shall be administered by the board of trustees of the Kansas public employees retirement system.
(2) (a) In the event that a member dies before retirement as a result of an accident arising out of and in the course of the member's actual performance of duty in the employ of a participating employer independent of all other causes and not as a result of a willfully negligent or intentional act of the member, an accidental death benefit shall be payable if: (A) A report of the accident, in a form acceptable to the board, is filed in the office of the executive director of the board within 60 days of the date of the accident causing such death, and an application for such benefit, in such form and manner as the board shall prescribe, is filed in the office of the executive director of the board within two years of the date of the accident, but the board may waive such time limits for a reasonable period if in the judgment of the board the failure to meet these limits was due to lack of knowledge or incapacity; and (B) the board finds from such evidence as it may require, to be submitted in such form and manner as it shall prescribe, that the natural and proximate cause of death was the result of an accident arising out of and in the course of the member's employment with a participating employer independent of all other causes at a definite time and place. Such accidental death benefit shall be a lump-sum amount of $50,000 and an annual amount of ½ of the member's final average salary which shall accrue from the first day of the month following the date of death and which shall be payable in monthly installments or as the board may direct, but in no case shall the accidental death benefit be less than $100 per month. The accidental death benefit payments shall be paid to the surviving spouse of such deceased member, such payments to continue so long as such surviving spouse lives or until such surviving spouse remarries. If there is no surviving spouse, or in the case the spouse dies or remarries before the youngest child of such deceased member attains age 18 years or before the youngest child of such deceased member attains age 23, if such child is a full-time student as provided in K.S.A. 74-49,117, or if there are one or more children of the member who are totally disabled and dependent on the member or spouse, the accidental death benefit payments shall be paid to the child or children of such member under age 18 years or under age 23 years, if such child or children are full-time students as provided in K.S.A. 74-49,117 and to the child or children of the member who are totally disabled and dependent on the member or spouse, such payments to be divided in such manner as the board in its discretion shall determine and to continue until the youngest surviving child dies or attains age 18 years or attains age 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, in the case of the child or children who are totally disabled and dependent on the member or spouse, until death or until no longer totally disabled. If there is no surviving spouse or child eligible for accidental death benefits under this subsection (2) at the time of the member's death, the accidental death benefit payments shall be paid to the parent or parents of such member who are dependent on such member, such payments to continue until the last such parent dies. All payments due under this subsection (2) to a minor shall be made to a legally appointed conservator of such minor or totally disabled child as provided in subsection (7) of K.S.A. 74-4902 and amendments thereto.
(b) In construction of this section, there shall be no presumption that the death of the member was the result of an accident nor shall there be a liberal interpretation of the law or evidence in favor of the person claiming under this subsection (2). In the event of the death of a member resulting from a heart, circulatory or respiratory condition, there must be clear and precise evidence that death was the result of an accident independent of all other causes which arose out of and in the course of the member's actual performance of duties in the employ of a participating employer.
(c) The value, as determined by the board upon recommendation of the actuary, of any worker's compensation benefits paid or payable to the recipient or recipients of an annual benefit under this subsection (2) shall be deducted from the amounts which become payable under this section. In the event that a member should die as a result of an accident as described in this subsection (2), all elections or options previously made by the deceased member shall become void and of no effect whatsoever and the retirement system shall be liable only for the accidental death benefit and any insured death benefit that may be due. The benefit payable under this subsection (2) shall be known and referred to as the "accidental death benefit."
(3) Any costs to the board from the claims arising under this section shall be included in the rate certified by the board to finance the costs of members under subsection (3) of K.S.A. 74-4925 and amendments thereto.
(4) The payment of benefits as provided in this section is subject to the provisions of K.S.A. 74-49,123 and amendments thereto.
History: L. 1984, ch. 289, § 22; L. 1989, ch. 232, § 14; L. 1998, ch. 64, § 56; L. 2001, ch. 209, § 25; May 31.
History: L. 1965, ch. 446, § 8; L. 1973, ch. 323, § 1; L. 1975, ch. 408, § 2; L. 1978, ch. 321, § 1; L. 1980, ch. 239, § 1; L. 1981, ch. 315, § 2; L. 1982, ch. 319, § 29; L. 1984, ch. 289, § 11; L. 1985, ch. 254, § 14; L. 1986, ch. 294, § 7; L. 1987, ch. 302, § 1; Repealed, L. 1989, ch. 232, § 35; July 1.
(1) Any employer other than the state of Kansas which is currently a participating employer of the Kansas public employees retirement system or is in the process of affiliating with the Kansas public employees retirement system may also elect to affiliate for the purposes of subsection (2) of this section. All such employers shall make application for affiliation with such system in the manner provided by K.S.A. 74-4910 and amendments thereto, to be effective on January 1 next following application.
(2) For the purposes of providing the "insured death benefit" and "insured disability benefit" as provided in K.S.A. 74-4927 and amendments thereto and the "accidental death benefit" as provided in subsection (2) of K.S.A. 74-4916 and amendments thereto, to all employees who are fulfilling the one-year continuous service requirement under subsection (2) of K.S.A. 74-4911 and amendments thereto, on and after January 1, 1988, the term "member" as used in K.S.A. 74-4927 and amendments thereto and subsection (2) of K.S.A. 74-4916 and amendments thereto and used in this section shall include such employees.
(3) The employer of any member shall pay to the Kansas public employees retirement system in such manner as the board of trustees shall prescribe, beginning with the first day of the first payroll period coinciding with or following January 1, 1988, and each payroll period thereafter, an amount sufficient to pay the employer's contribution to the group insurance reserve as provided in subsection (4) of K.S.A. 74-4927 and amendments thereto.
(4) The employer of any member shall maintain a file of the beneficiaries named by the persons covered under this section in the form and manner as prescribed by the board of trustees.
(5) In the event that a member becomes eligible for the insured disability benefit, such member shall become a member of the system at the time such member would have completed one year of continuous service under subsection (2) of K.S.A. 74-4911 and amendments thereto and would have become a member of the system had such member not become eligible for the insured disability benefit.
(6) Coverage under the plan of death and long-term disability benefits shall begin with the first day of the first payroll period coinciding with or following the date of affiliation for such members and other persons as herein defined.
History: L. 1987, ch. 299, § 33; July 1.
(a) For the purposes of providing the "insured death benefit" and "long-term disability benefit" as prescribed in K.S.A. 74-4927, and amendments thereto and of providing the "accidental death benefit" as prescribed in subsection (2) of K.S.A. 74-4916, and amendments thereto, to all state officers who have filed an election as provided in subsection (a) or (b) of K.S.A. 74-4911f, and amendments thereto, the term "member" as used in K.S.A. 74-4927, and amendments thereto and subsection (2) of K.S.A. 74-4916, and amendments thereto and as used in this section shall include such state officers.
(b) The state agency employing any member shall pay to the Kansas public employees retirement system in such manner as the board of trustees shall prescribe, an amount sufficient to pay the employer's contribution to the group insurance reserve as provided in subsection (4) of K.S.A. 74-4927, and amendments thereto.
(c) The state agency employing any member shall maintain a file of the beneficiaries named by the persons covered under this section in the form and manner as prescribed by the board of trustees of the Kansas public employees retirement system.
(d) Notwithstanding any provision of law to the contrary, the provisions of this section shall not apply to any person employed by the legislative branch of the state of Kansas who elected to be covered by the provisions of K.S.A. 74-4911f, and amendments thereto, as provided in subsection (e) of K.S.A. 46-1302, and amendments thereto or who is first employed on or after July 1, 1996, by the legislative branch of the state of Kansas as described in K.S.A. 46-1302, and amendments thereto.
(e) Notwithstanding any provision of law to the contrary, the provisions of this section shall not apply to any member of the legislature who has retired pursuant to the Kansas public employees retirement system and who elected to be covered by the provisions of K.S.A. 74-4911f, and amendments thereto.
History: L. 1988, ch. 302, § 32; L. 2000, ch. 152, § 17; L. 2003, ch. 155, § 10; May 29.
(a) For the purposes of providing the "insured death benefit" and "long-term disability benefit" as prescribed in K.S.A. 74-4927, and amendments thereto and of providing the "accidental death benefit" as prescribed in subsection (2) of K.S.A. 74-4916, and amendments thereto, to all members of the legislature who have failed to file the election to become a member of the retirement system pursuant to K.S.A. 74-4911, and amendments thereto, and who have filed an election to be covered pursuant to the provisions of K.S.A. 74-4916 and 74-4927, and amendments thereto, as provided in this subsection, the term "member" as used in K.S.A. 74-4927, and amendments thereto and subsection (2) of K.S.A. 74-4916, and amendments thereto and as used in this section shall include such members of the legislature. Such election as provided in this subsection shall be filed with the system within 90 days of the effective date of this act or within 90 days after taking the oath of office. If a member of the legislature fails to file such election as provided in this subsection, it shall be presumed such member of the legislature has elected to not be covered pursuant to the provisions of K.S.A. 74-4916 and 74-4927, and amendments thereto.
(b) The division of legislative administrative services shall pay to the Kansas public employees retirement system in such manner as the board of trustees shall prescribe, an amount sufficient to pay the employer's contribution to the group insurance reserve as provided in subsection (4) of K.S.A. 74-4927, and amendments thereto.
(c) The division of legislative administrative services shall maintain a file of the beneficiaries named by the persons covered under this section in the form and manner as prescribed by the board of trustees of the Kansas public employees retirement system.
History: L. 2003, ch. 155, § 17; May 29.
(a) Subject to the limitations of this section, during the fiscal year ending June 30, 2006, and each fiscal year thereafter, if it appears that the resources are insufficient to meet in full the estimated expenditures as they become due to meet the financial obligations imposed by law on the death and disability program as a result of a cash flow shortfall, the pooled money investment board is authorized and directed to loan to the Kansas public employees retirement system sufficient funds to maintain the cash flow of the death and disability program upon approval of such loan by the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto. No loan shall be made unless the terms thereof have been approved by the director of the budget. A copy of the terms of the loan shall be submitted to the director of the legislative research department. The pooled money investment board is authorized and directed to use any moneys in the operating accounts, investment accounts or other investments of the state of Kansas to provide the funds for such loan. Each such loan shall bear interest at a rate equal to the net earnings rate of the pooled money investment portfolio at the time of the making of such loan. Such loan shall not be deemed to be an indebtedness or debt of the state of Kansas within the meaning of section 6 of article 11 of the constitution of the state of Kansas.
(b) Upon certification by the pooled money investment board by the executive director of the Kansas public employees retirement system of the amount of each loan authorized pursuant to subsection (a), the pooled money investment board shall transfer each such amount certified by the executive director of the Kansas public employees retirement system from the state bank account or accounts prescribed in subsection (a) to the group insurance reserve fund.
(c) The principal and interest of each loan authorized pursuant to subsection (a) shall be repaid in payments payable on or before June 30, 2007, or June 30 of each subsequent year where a loan to the system has occurred pursuant to this section.
History: L. 2005, ch. 196, § 16; May 19.
Notwithstanding the provisions of K.S.A. 74-4902, 74-4911 and 74-4913 and amendments thereto, to the contrary, an employee of a participating employer who was employed by the legislature on January 15, 1962, and was employed on July 1, 1943, and July 1, 1962, by the participating employer by whom such employee is employed on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of July 1, 1962, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, upon the payment of appropriate employer and employee contributions. Such employee shall be entitled to receive full credit for employment with such participating employer prior to said participating employer's entry date. The prior service annual salary in such case shall be the compensation, not including any amount received as payment for overtime or as reimbursement for travel or moving expense, received for personal services by the employee from the employer during the last 12 months of employment prior to January 1, 1962.
History: L. 1969, ch. 387, § 1; L. 1998, ch. 64, § 57; July 1.
When two (2) or more cities, counties, townships, political subdivisions or instrumentalities of any one or several of the aforementioned are consolidated, merged or otherwise combined or separated, whether by operation of law or by act of the governing body or chief officer, and one or more of the governmental entities being consolidated, merged or otherwise combined or separated is a participating employer under the Kansas public employees retirement system, any resulting governmental entity shall assume by operation of this act the continuing retirement obligation toward those employees of the previous entity or entities that are continued on the payroll of any such resulting governmental entity. The governing body or chief officer of any such resulting entity shall forthwith adopt the resolution for affiliation provided for in K.S.A. 74-4910 to provide retirement benefits for any other employees who were not previously members of the system, commencing January 1 of the year immediately following such consolidation, merger, combination or separation, and said date shall be the entry date applicable to said other employees employed on said date.
History: L. 1969, ch. 390, § 1; July 1.
Any additional costs provided by K.S.A. 74-4915 and 74-4920 shall be reflected in employer contributions by the state of Kansas as a participating employer and by the state of Kansas for participating employers under K.S.A. 74-4931, in the rates of employer contributions beginning in the fiscal year commencing in calendar year 1981 and in the employer contributions by all other participating employers in the rates of employer contributions beginning in the fiscal year commencing in the calendar year 1982.
History: L. 1981, ch. 312, § 4; May 13.
On the effective date of this act, the following shall be eligible employers as defined in K.S.A. 74-4902(13), and amendments thereto, and as further defined herein:
(1) Kansas public school districts;
(2) Kansas technical colleges;
(3) Kansas community junior colleges; or
(4) the state of Kansas for state agencies having employees who are members of the state school retirement system on December 31, 1970.
Such eligible employers shall become participating employers as defined in K.S.A. 74-4902(24), and amendments thereto. The entry date into the Kansas public employees retirement system of such eligible employers shall be January 1, 1971.
History: L. 1970, ch. 326, § 1; L. 2017, ch. 43, § 4; July 1.
From and after January 1, 1983, the Kansas state high school activities association, as described in K.S.A. 72-130 and amendments thereto, shall be an eligible and participating employer in the Kansas public employees retirement system for all purposes under the system, as an instrumentality of those eligible employers as defined in K.S.A. 74-4931 and amendments thereto.
History: L. 1983, ch. 246, § 1; April 21.
(a) Within 35 days after the effective date of this act, the Kansas state high school activities association shall pay to the system an amount equal to the total of: (1) All employer contributions payable from January 1, 1983, to the date of payment at the applicable rate of contribution fixed pursuant to K.S.A. 74-4920 and amendments thereto; and (2) all employee contributions payable from January 1, 1983, to the date of payment at the rate of contribution fixed by K.S.A. 74-4919 and amendments thereto.
(b) Subject to the provisions of K.S.A. 74-4901 et seq., and all acts amendatory thereof and supplemental thereto, all rights and benefits of membership including group insurance and participating service credit shall accrue to each individual who is an employee of the Kansas state high school activities association from January 1, 1983.
History: L. 1983, ch. 246, § 2; April 21.
As used in this act, unless the context otherwise requires:
(1) "Accumulated contributions" means the sum of all contributions by a member to the system which shall be credited to such member's account, with interest allowed thereon, plus such member's contributions transferred from the school employees savings fund of the state school retirement system;
(2) "compensation" means the same as defined in subsection (9) of K.S.A. 74-4902, and amendments thereto;
(3) "school year" means the twelve-month period beginning September 1 and ending August 31;
(4) "employee" means any employee of a participating employer which is an eligible employer, as specified in K.S.A. 74-4931, and amendments thereto, whose employment is not seasonal or temporary and whose employment requires at least 630 hours of work per year or 3.5 hours of work per day for at least 180 days or any employee who is concurrently employed by two or more eligible employers, as specified in K.S.A. 74-4931, and amendments thereto, whose combined employment is not seasonal or temporary and whose combined employment requires at least 630 hours of work per year or 3.5 hours of work per day for at least 180 days. Employee shall not include:
(a) Any employee who is covered by or eligible for or who will become eligible for retirement benefits under any retirement plan or system provided by K.S.A. 74-4925, and amendments thereto;
(b) any employee who is a contributing member of the United States civil service retirement system;
(c) any employee or class of employees specifically exempt by law, except those persons who were formerly employees of one or more of the participating employers which are eligible employers as specified in K.S.A. 74-4931, and amendments thereto, who are covered by and have contributions on deposit with the state school retirement system and who have not retired under that system on the day next preceding entry date;
(d) any employee who on entry date is covered by or eligible for or will become eligible for retirement benefits under a separate retirement system authorized or established under K.S.A. 72-1758 to 72-1769, inclusive, and amendments thereto or K.S.A. 72-6780, and amendments thereto, except that this paragraph (d) shall not include any employee, who before September 1, 1974, elects to become a member of the Kansas public employees retirement system as provided in K.S.A. 74-4935a, and amendments thereto; or
(e) on and after July 1, 1975, no person who is otherwise eligible for membership in the Kansas public employees retirement system shall be barred from such membership by reason of coverage by, eligibility for or future eligibility for a retirement annuity under the provisions of K.S.A. 74-4925, and amendments thereto. However, no person shall receive service credit under the Kansas public employees retirement system for any period of service for which benefits accrue or are granted under a retirement annuity plan under the provisions of K.S.A. 74-4925, and amendments thereto;
(5) "executive director" means the managing officer of the system as defined in subsection (16) of K.S.A. 74-4902, and amendments thereto;
(6) "military service" means the same as defined in subsection (22) of K.S.A. 74-4902, and amendments thereto, and includes such service when followed by return to employment with the same or another participating employer on or before the beginning of the next school year following discharge or separation from such military service;
(7) "normal retirement date" means the same as defined in subsection (23) of K.S.A. 74-4902, and amendments thereto, as modified by subsection (1) of K.S.A. 74-4937, and amendments thereto;
(8) "school employment" means the employment of a member when employed by an eligible employer as specified in any of subsection (1), (2) or (3) of K.S.A. 74-4931, and amendments thereto; and
(9) "USERRA" means the same as defined in subsection (34) of K.S.A. 74-4902, and amendments thereto.
History: L. 1970, ch. 326, § 2; L. 1974, ch. 293, § 2; L. 1975, ch. 406, § 4; L. 1985, ch. 254, § 15; L. 1987, ch. 299, § 25; L. 1993, ch. 227, § 32; L. 1995, ch. 267, § 39; L. 1998, ch. 64, § 58; L. 2001, ch. 209, § 26; L. 2005, ch. 196, § 12; May 19.
(1) Except as provided in this act and to the extent not inconsistent with the provisions of this act, employers who are participating employers under this act, employees of such employers and the provisions of this act shall be subject to the provisions of K.S.A. 74-4901 et seq. and amendments thereto. The rights of such employees to benefits accrued to the extent funded to the date of transfer or to the amounts in such employees' accounts, if any, are nonforfeitable.
(2) The provisions of K.S.A. 72-5501 through 72-5534 and amendments thereto shall not apply to any person who is an employee as defined in K.S.A. 74-4932 and amendments thereto, except as provided in this act.
(3) For purposes of this section, "act" means the provisions of K.S.A. 74-4931 et seq. and amendments thereto.
History: L. 1970, ch. 326, § 3; L. 1998, ch. 64, § 59; July 1.
(1) On and after July 1, 1970, the state school retirement board is abolished and such board shall have no further legal authority or powers. On such date all of the powers provided in K.S.A. 72-5501 to 72-5534 and amendments thereto shall devolve upon and be performed by the board of trustees of the Kansas public employees retirement system, and all powers heretofore exercised by the state school retirement board, including management and control of the assets and funds of the state school retirement system, shall be and become vested in the board of trustees of the Kansas public employees retirement system. Whenever in the statutes of this state the words "state school retirement board" or words of like effect are used, the same shall be deemed to mean the board of trustees of the Kansas public employees retirement system. The board of trustees of the Kansas public employees retirement system is authorized to execute transfer endorsements for any stock or security of the state school retirement system and such endorsements may be in the name of the state school retirement board.
(2) On January 1, 1971, there shall be transferred from the school employees savings fund of the state school retirement system such moneys and securities, and accumulated earnings thereon, as are equal to the accumulated contributions (savings annuity deductions or accumulated deductions) of the members of the state school retirement system on deposit with the state school retirement system who become members of this system on January 1, 1971, as provided in K.S.A. 74-4935. Such transfer of securities in the school employees savings fund shall be on the basis of the book value of such securities. The member's account in this system shall be credited with the amount in his savings annuity account (savings annuity deductions or accumulated deductions) so transferred.
(3) "Executive director" as used in K.S.A. 72-5501 to 72-5534, inclusive, and amendments thereto means the same as is provided in subsection (5) of K.S.A. 74-4932. The duties provided in such statutes to be performed by the executive director shall be performed by the person holding the office defined in subsection (5) of K.S.A. 74-4932. Employees of the state school retirement board shall continue in state service and retain all their rights under the Kansas civil service act.
History: L. 1970, ch. 326, § 4; L. 2001, ch. 209, § 27; May 31.
(1) Any employee of a participating employer on the entry date of such employer shall be a member of the system on the entry date.
(2) Any employee other than an elected official who is employed by a participating employer after the entry date of such employer shall be a member of the system on the first day of such employment.
(3) Any employee who is in military service subject to the provisions of USERRA or on leave of absence on the entry date of the employee's employer shall become a member of the system immediately upon returning to active employment with the same or another participating employer.
(4) Any member of the state school retirement system who meets the following conditions on entry date shall become a member of the system on entry date:
(a) Is not employed by a participating employer;
(b) has not retired under the state school retirement system;
(c) has contributions on deposit with the state school retirement system; and
(d) would be eligible for retirement under the state school retirement system based on service which is credited to such member thereunder.
History: L. 1970, ch. 326, § 5; L. 1974, ch. 340, § 1; L. 1979, ch. 250, § 1; L. 1983, ch. 254, § 13; L. 1986, ch. 294, § 10; L. 1998, ch. 64, § 60; July 1.
(a) Any employee to which subpart (d) of subsection (4) of K.S.A. 74-4932 and amendments thereto applied on the day preceding the effective date of this act may become a member of the Kansas public employees retirement system on July 1, 1985, only by filing with the board of trustees of such system, on or before August 30, 1985, a written election to become a member of such system. Failure to file such written election shall be presumed to be an election not to become a member. Such election, whether to become a member or not to become a member, shall be irrevocable.
(b) For the purpose of employees who elect to become a member under subsection (a), the entry date of the participating employer shall be January 1, 1971. The board of education to which K.S.A. 72-1759 and amendments thereto applies shall on September 30, 1985, certify to the board of trustees of the Kansas public employees retirement system the years of service in such school district of each employee who elects to become a member under this section and the total amount of contributions of each such employee held by the retirement system of such school district on June 30, 1985. The board of education of such school district shall pay from the retirement fund of the school district to such board of trustees an amount equal to the aggregate of such total amounts of contributions and the aggregate of all such member's contributions during the quarter in which the election is made. Such amount shall be remitted in the form and manner prescribed by the system and shall take place at the same time the school district submits the quarterly report for the quarter in which the elections are made.
(c) Employees who become members under this section shall be granted prior service credit in accordance with the provisions of K.S.A. 74-4936 and amendments thereto, except for service after December 31, 1970, and before July 1, 1985. Such employees shall be granted participating service credit in accordance with the provisions of K.S.A. 74-4936 and amendments thereto for service from January 1, 1971, to June 30, 1985 and thereafter.
(d) Provisions of law applicable to employees who became members under K.S.A. 74-4935 and amendments thereto shall apply to employees who become members under this section, except as is otherwise specifically provided in this section.
(e) The provisions of K.S.A. 72-1758 to 72-1769, inclusive, and amendments thereto, shall not apply to any person who becomes a member of the Kansas public employees retirement system under subsection (a).
(f) For any such employee who elects to become a member of the Kansas public employees retirement system as provided in this section, the term "final average salary" means the average highest annual compensation paid to such person for service for any five years preceding retirement or termination of service, notwithstanding the definition of such term in K.S.A. 74-4902 and amendments thereto.
History: L. 1974, ch. 293, § 3; L. 1985, ch. 254, § 16; July 1.
(1) On and after July 1, 1984, every person who has retired and has been receiving or who will become eligible to receive an annuity from the Kansas school retirement system shall be a special member of the Kansas public employees retirement system and, except as otherwise provided in this act, shall be subject to the provisions of K.S.A. 72-5501 et seq. and amendments thereto.
(2) On and after July 1, 1984, all assets and liabilities and any unfunded obligations for benefits due under the provisions of K.S.A. 72-5501 et seq. and amendments thereto, shall be funded by additional payments over the period remaining for the amortization of past service cost, for such employers as defined in K.S.A. 74-4931 and amendments thereto.
(3) On July 1, 1984, any person who is entitled to a savings annuity pursuant to K.S.A. 72-5501 et seq. and amendments thereto, shall have such annuity increased by an amount equal to 50% of the savings annuity payment in effect on June 30, 1984.
History: L. 1984, ch. 289, § 18; July 1.
History: L. 1994, ch. 293, § 35; L. 1998, ch. 64, § 61; Expired, June 30, 1998.
(1) Prior service shall be credited as follows:
(a) A member shall receive full credit for continuous employment prior to the entry date with such member's employer on the entry date, except that if the employee was employed on March 15, 1970, by a participating employer, then all previous employment with a participating employer shall be credited;
(b) any member of the state school retirement system not employed on the day preceding entry date by an eligible employer which will become a participating employer on entry date, who has contributions on deposit with the state school retirement system on entry date, who would become eligible for a retirement benefit based on the credited service under the state school retirement system, on entry date, and who has not retired under the state school retirement system shall be granted prior service credit for employment with any participating employer prior to entry date;
(c) any member of the state school retirement system not employed on the date preceding entry date by an eligible employer which will become a participating employer on entry date, who has contributions on deposit on entry date, and who would not become eligible for a retirement benefit on the basis of service credited under the state school retirement system on entry date shall not receive credit for such service;
(d) leaves of absence shall not be credited;
(e) subject to the provisions of USERRA, military service which is credited under the state school retirement system shall be credited;
(f) one year of prior service credit shall be granted for each year of school employment by a participating employer;
(g) any member who is not otherwise eligible for service credit as provided for in subsection (1)(a) may be granted credit for such service upon the attainment of 38 quarters of participating service.
(2) Participating service shall be credited as follows: (a) A member shall receive credit for participating service with a participating employer in accordance with rules and regulations established by the board of trustees, except that no more than one calendar quarter of participating service shall be credited for any employment within one calendar quarter;
(b) leaves of absence and military service shall not count as a break in continuous employment, if the member leaves accumulated contributions on deposit with the fund. The period of military service shall be credited, except that after July 1, 1974, not more than five years' credit for military service shall be granted hereunder to the extent required by the provisions of USERRA, but leaves of absence shall not be credited;
(c) termination of employment followed by employment by the same or with another participating employer within five years shall not constitute a break in continuous employment, if such employee leaves accumulated contributions on deposit with the system. Such period while not employed shall not be credited as participating service.
(3) In determining the numbers of years of credited prior service or participating service a fractional year of six months or more shall be considered as one year and a fractional year of less than six months shall be disregarded.
(4) If a member is on leave of absence or is in military service or has terminated employment with a participating employer, such member may withdraw accumulated contributions on forms prescribed by the board. In the event the member withdraws the accumulated contributions, such member's membership in the system shall terminate and the system shall have no further liability or obligation to such member. Thereafter, if such former member is employed by the same or another participating employer, such member shall be deemed to be a new employee unless otherwise required by the provisions of USERRA.
(5) If a member does not return to employment with the same or another participating employer within five years following termination of employment, such member shall withdraw accumulated contributions on forms prescribed by the board. Such member's membership in the system shall terminate and the system shall have no further liability or obligation to such member. Thereafter, if such former member is employed by the same or another participating employer, such member shall be deemed to be a new employee.
(6) If a member, who has a vested benefit, again becomes an employee of a participating employer, any credited service such member subsequently accrues shall be added to that which had been vested by virtue of previous service.
History: L. 1970, ch. 326, § 6; L. 1974, ch. 332, § 4; L. 1983, ch. 254, § 14; L. 1998, ch. 64, § 62; July 1.
Any employee of a participating employer who is a member of the Kansas public employees retirement system, who was previously employed in a teaching position with a public school system of another state, in a foreign teaching service in an overseas dependents' school, in a recognized teacher exchange program or in any program where a teacher is chosen by the Kansas department of education to teach in a foreign country and which service otherwise meets the requirements of an employee as prescribed in subsection (14) of K.S.A. 74-4902 or subsection (4) of K.S.A. 74-4932 and amendments thereto may elect to purchase service for such out-of-state public school or overseas teaching employment. At the election of the member, the benefit for each such year of employment shall be equal to either 1% or 1.75% of the final average salary of any such member. For any member who elected to purchase service credit as provided in this section prior to the effective date of this act at the 1% rate, such member may elect to purchase such service credit at an additional amount of .75% of final average salary of such member in a lump-sum amount as otherwise provided in this subsection. Subject to the provisions of K.S.A. 74-49,123 and amendments thereto, such member may purchase such service credit by making application therefor prior to date of retirement at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Subject to the provisions of K.S.A. 74-49,123 and amendments thereto, any such member may purchase such service credit as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made immediately upon being notified of the amount due.
History: L. 1972, ch. 305, § 1; L. 1982, ch. 319, § 30; L. 1985, ch. 254, § 17; L. 1991, ch. 237, § 10; L. 1996, ch. 266, § 13; L. 1998, ch. 64, § 63; L. 1998, ch. 201, § 30; July 1.
(1) The normal retirement date of a member of the system who is in school employment and who is subject to K.S.A. 74-4940, and amendments thereto, shall be the first day of the month coinciding with or following termination of employment not followed by employment with any participating employer within 60 days, or 180 days as provided in K.S.A. 74-4914(9), and amendments thereto, and without any prearranged agreement for employment with any participating employer, and the attainment of age 65 or, commencing July 1, 1986, age 65 or age 60 with the completion of 35 years of credited service or at any age with the completion of 40 years of credited service, or commencing July 1, 1993, any alternative normal retirement date already prescribed by law or age 62 with the completion of 10 years of credited service or the first day of the month coinciding with or following the date that the total of the number of years of credited service and the number of years of attained age of the member is equal to or more than 85. Each member upon giving prior notice to the appointing authority and the retirement system may retire on the normal retirement date or the first day of any month thereafter. Such member's application for retirement shall contain a certification by the member that the member will not be employed with any participating employer within 60 days, or 180 days as provided in K.S.A. 74-4914(9), and amendments thereto, of retirement and the member has not entered into a prearranged agreement for employment with any participating employer.
(2) Any member who is in school employment and who is subject to K.S.A. 74-4940, and amendments thereto, may retire before such member's normal retirement date on the first day of the month coinciding with or following termination of employment not followed by employment with any participating employer within 60 days, or 180 days as provided in K.S.A. 74-4914(9), and amendments thereto, and the attainment of age 55 with the completion of 10 years of credited service, upon the filing with the office of the retirement system of an application for retirement in such form and manner as the board shall prescribe. The member's application for retirement shall contain a certification by the member that the member will not be employed with any participating employer within 60 days, or 180 days as provided in K.S.A. 74-4914(9), and amendments thereto, of retirement and the member has not entered into a prearranged agreement for employment with any participating employer.
(3) The provisions of K.S.A. 74-4914(6) and (9), and amendments thereto, that relate to an earnings limitation which when met or exceeded requires that the retirant not receive a retirement benefit for any month during which such retirant serves in a position as described herein shall not apply to retirants who either retired under the provisions of K.S.A. 74-4914(l), and amendments thereto, related to normal retirement, or, if they retired under the provisions of K.S.A. 74-4914(4), and amendments thereto, related to early retirement, and are subsequently hired in a position that requires a license under K.S.A. 72-2157, and amendments thereto, or other provision of law. The provisions of this subsection shall only apply to retirants who retired prior to January 1, 2018. Except as otherwise provided, when a retirant is employed by the same school district or a different school district with which such retirant was employed during the final two years of such retirant's participation or employed as an independent contractor or by a third-party entity who contracts services with a school district to fill a position as described in this subsection, the participating employer of such retirant shall pay to the system the actuarially determined employer contribution based on the retirant's compensation during any such period of employment plus 8%. Commencing January 1, 2018, if a retirant is employed in a covered position, as defined in K.S.A. 74-49,202, and amendments thereto, the participating employer shall pay to the system the statutorily prescribed employer contribution rate on the first $40,000 of such retirant's compensation in a calendar year and a 30% employer contribution on any compensation in excess of $40,000 in a calendar year during any such period of employment. If a retirant is employed by more than one participating employer or performing duties in more than one position, contributions shall be made on compensation from all such employment for that calendar year. If a retirant is employed in a non-covered position, no employer contribution shall be paid to the system. The participating employer shall enroll all retirants and report to the system when compensation is paid to a retirant as provided in this subsection. Such notice shall contain a certification by the appointing authority of the participating employer that any hired retirant has not been employed by the participating employer within 60 days of such retirant's retirement and that there was no prearranged agreement for employment between the participating employer and the hired retirant. Upon request of the executive director of the system, the participating employer shall provide such information as may be needed by the executive director to carry out the provisions of this subsection. The provisions of this subsection shall not apply to retirants employed as substitute teachers without a contract. Nothing in this subsection shall be construed to create any right, or to authorize the creation of any right that is not subject to amendment or nullification by act of the legislature.
(4) The provisions of K.S.A. 74-4914(7), and amendments thereto, shall apply to retirants under the provisions of this section.
(5) For the purposes of this section a prearranged agreement for employment may be determined by whether the facts and circumstances of the situation indicate that the employer and employee reasonably anticipated that further services would be performed after the employee's retirement.
History: L. 1970, ch. 326, § 7; L. 1972, ch. 303, § 1; L. 1981, ch. 311, § 2; L. 1982, ch. 319, § 31; L. 1983, ch. 254, § 15; L. 1986, ch. 294, § 11; L. 1987, ch. 299, § 26; L. 1988, ch. 302, § 13; L. 1989, ch. 232, § 15; L. 1991, ch. 237, § 11; L. 1992, ch. 321, § 2; L. 1993, ch. 227, § 33; L. 1998, ch. 201, § 31; L. 2009, ch. 137, § 2; L. 2012, ch. 171, § 25; L. 2015, ch. 77, § 3; L. 2016, ch. 76, § 3; L. 2017, ch. 87, § 2; L. 2024, ch. 65, § 11; July 1.
(1) Except as otherwise provided in this section, the provisions of K.S.A. 74-4915, and amendments thereto, shall apply to members hereunder. Any member who retires on or after the member's normal retirement date shall be entitled to receive an annual retirement benefit equal to the sum obtained by adding an amount for participating service and an amount for prior service determined as provided in this section. The amount for prior service shall be equal to 1% of the member's prior service annual salary multiplied by the number of years of prior service entitled to credit as provided in K.S.A. 74-4936 and amendments thereto for such years as were credited to the member under the state school retirement system on entry date and .75% of the member's prior service annual salary multiplied by the number of years of prior service entitled to credit as provided in K.S.A. 74-4936 and amendments thereto which were not credited to the member under the state school retirement system on entry date, except that for members retiring on or after July 1, 1981, the amount for prior service shall be calculated using final average salary in lieu of prior service annual salary. The amount for participating service shall be as provided in K.S.A. 74-4913 and 74-4915 and amendments thereto. Any member hereunder who has a vested benefit under the state school retirement system shall continue to have such benefit; otherwise the provisions of K.S.A. 74-4917 and amendments thereto shall govern vested benefits.
(2) Notwithstanding the foregoing provisions of this section, if a member, who became a member on entry date was a member of the state school retirement system on the day preceding entry date, would have been entitled to a greater total retirement benefit under the provisions of the state school retirement system in effect on the day preceding entry date than the total benefit such member would be entitled to receive under this section, such member shall be entitled to the greater total retirement benefit of the two.
(3) For the purpose of calculating the retirement benefit of any person who becomes a member of this system under the provisions of subsection (4) of K.S.A. 74-4935 and amendments thereto, the prior service annual salary shall be the compensation paid to such member as a school employee for the last school year for which service was credited under the state school retirement system.
History: L. 1970, ch. 326, § 8; L. 1981, ch. 312, § 3; L. 1988, ch. 302, § 14; July 1.
(1) Except as otherwise provided in this section, the provisions of K.S.A. 74-4919 and 74-4920, and amendments thereto, shall apply to employee and employer contributions and obligations.
(2) The employer contribution rate for participating employers who are eligible employers as specified in subsections (1), (2) and (3) of K.S.A. 74-4931 and amendments thereto shall be as certified by the board. Participating employers shall certify to the state board of education before September 15 of each year the anticipated total compensation to be paid during the next fiscal year to employees who are or are to become members. The state board of education shall transmit the information necessary to the division of the budget and the governor who shall include in the budget and budget document each year thereafter provisions for the transfer from the state general fund of sufficient sums to satisfy the participating employer's obligation under this act. The director of accounts and reports shall make a transfer therefor to the system quarterly, at the same time such employee contributions are remitted by such participating employers. Such transfer from the general fund of sufficient sums to satisfy the participating employer's obligation shall not include any adjustments for individual employee's service in prior periods and any required payment by a participating employer pursuant to K.S.A. 74-4990 and amendments thereto and K.S.A. 74-49,126 and amendments thereto. The employer's obligation for such adjustments shall be paid by the participating employer. Transfers required by this subsection shall be provided for annually by act of the legislature.
(3) Participating employers who are eligible employers as specified in subsection (4) of K.S.A. 74-4931 and amendments thereto shall pay to the system employer contributions at a rate of contribution as certified by the board.
(4) Upon the effective date of this act, the transfers for the employer's obligation pursuant to subsection (2) for the quarter commencing on January 1, 1987, shall be made on July 1, 1987, together with interest thereon at the rate of 6.72% per annum from the date the payment would have been made as provided in this section immediately prior to this amendment until the date paid.
History: L. 1970, ch. 326, § 9; L. 1983, ch. 254, § 16; L. 1987, ch. 303, § 1; L. 1994, ch. 293, § 18; L. 1998, ch. 201, § 32; July 1.
On and after the effective date of this act for each fiscal year commencing with fiscal year 2005, notwithstanding the provisions of K.S.A. 74-4939, and amendments thereto, or any other statute, all moneys appropriated for the department of education from the state general fund commencing with fiscal year 2005, and each ensuing fiscal year thereafter, by appropriation act of the legislature, in the KPERS — employer contributions account and all moneys appropriated for the department of education from the state general fund or any special revenue fund for each fiscal year commencing with fiscal year 2005, and each ensuing fiscal year thereafter, by any such appropriation act in that account or any other account for payment of employer contributions for school districts, shall be distributed by the department of education to school districts in accordance with this section. Notwithstanding the provisions of K.S.A. 74-4939, and amendments thereto, the department of education shall disburse to each school district that is an eligible employer as specified in K.S.A. 74-4931(1), and amendments thereto, an amount certified by the board of trustees of the Kansas public employees retirement system that is equal to the participating employer's obligation of such school district to the system in accordance with policies and procedures that are hereby authorized and directed to be adopted by the state board of education for the purposes of this section and in accordance with any requirements prescribed by the board of trustees of the Kansas public employees retirement system. Upon receipt of each such disbursement of moneys, the school district shall deposit the entire amount thereof into a special retirement contributions fund of the school district, which shall be established by the school district in accordance with such policies and procedures and which shall be used for the sole purpose of receiving such disbursements from the department of education and making the remittances to the system in accordance with this section and such policies and procedures. Upon receipt of each such disbursement of moneys from the department of education, the school district shall remit, in accordance with the provisions of such policies and procedures and in the manner and on the date or dates prescribed by the board of trustees of the Kansas public employees retirement system, an equal amount to the Kansas public employees retirement system from the special retirement contributions fund of the school district to satisfy such school district's obligation as a participating employer. Notwithstanding the provisions of K.S.A. 74-4939, and amendments thereto, each school district that is an eligible employer as specified in K.S.A. 74-4931(1), and amendments thereto, shall show within the budget of such school district all amounts received from disbursements into the special retirement contributions fund of such school district. Notwithstanding the provisions of any other statute, no official action of the school board of such school district shall be required to approve a remittance to the system in accordance with this section and such policies and procedures. All remittances of moneys to the system by a school district in accordance with this subsection and such policies and procedures shall be deemed to be expenditures of the school district.
History: L. 2004, ch. 182, § 9; L. 2015, ch. 4, § 69; L. 2016, ch. 45, § 11; L. 2017, ch. 95, § 98; July 1.
(a) Subject to the provisions of subsection (b), all members in school employment who are subject to the continuing contract law shall be paid their contractual compensation in not less than 12 substantially equal installments, paid once, or more often, each month.
(b) Upon written authorization from any member in school employment who is subject to the continuing contract law, an employer shall pay the balance of such member's contractual compensation for the school year in one payment upon completion of all contractual obligations of the member. The authorization shall be filed with the employer not later than April 1 of the school year in and for which the balance payment is first authorized. A written authorization under this subsection shall remain in effect until revoked in writing by the member filing the authorization. So long as the authorization of such member remains in effect, the balance of the member's contractual compensation shall be paid each school year in accordance with the provisions of this subsection. Such payment shall be made no later than June 30 of the school year. For the purposes of the Kansas public employees retirement system, the employer shall make the appropriate employee contribution deduction from the payment and shall report and remit the amount so deducted to the executive director at the time monthly deductions and quarterly reports would normally be made under K.S.A. 74-4919, and amendments thereto, if the authorization for one payment was not in effect.
(c) Notwithstanding the provisions of subsections (a) and (b), each member in school employment who is subject to the continuing contract law, who has completed the balance of such member's contractual obligations and retires prior to the end of a school year under K.S.A. 74-4937, and amendments thereto, shall be paid the balance of the member's contractual compensation in one payment during the calendar month immediately preceding the date of retirement. For the purposes of the Kansas public employees retirement system, the employer shall make the appropriate employee contribution deduction from the payment and shall report and remit the amount so deducted to the executive director at the time monthly deductions and reports are made under K.S.A. 74-4919, and amendments thereto, for the period in which the payment is made except that such report and remittance shall not include any amount which would have been reported normally in the next ensuing period under subsection (b). No employee contribution deduction shall be made from such amount and such amount shall not be included as compensation in determining the member's final average salary.
(d) An employer of members in school employment who are not subject to the continuing contract law may adopt a policy providing that any or all such members shall be paid their contractual compensation each school year in not less than 12 substantially equal installments, paid once, or more often, each month commencing in the first month of any such member's school employment. A copy of any such policy shall be provided to each such member in school employment.
(e) As used in this section, the term "school employment" means the employment of a member when employed by an eligible employer as specified in any of subsections (1), (2) or (3) of K.S.A. 74-4931, and amendments thereto.
History: L. 1970, ch. 326, § 10; L. 1974, ch. 341, § 1; L. 1975, ch. 410, § 1; L. 1980, ch. 240, § 1; L. 1982, ch. 319, § 32; L. 1990, ch. 282, § 13; L. 1996, ch. 143, § 1; L. 2001, ch. 209, § 28; L. 2007, ch. 86, § 1; July 1.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1970, ch. 326, § 11; July 1.
In the event that a person first entered school service September 1, 1923, and first became a member of the Kansas school retirement system in 1960 and retired under the Kansas school retirement system in 1967 and was a suspended annuitant while employed by an employer who became a participating employer as defined in K.S.A. 74-4931 on March 15, 1970, and on the entry date of such employer, may become a member of the Kansas public employees retirement system if: (1) The person is an eligible employer as defined in K.S.A. 74-4902 or 74-4931 and amendments thereto; (2) application for membership is made within six months after the effective date of this act; (3) such person repays to the Kansas school retirement system an amount equal to all annuities which have been received since 1967, both service and savings; and (4) subject to the provisions of K.S.A. 74-49,123 and amendments thereto, such person pays an amount equivalent to employee contributions which would have been deducted from such person's compensation from the employer's entry date. Such individual shall then be considered an employee as defined in subsection (4) of K.S.A. 74-4932 and amendments thereto, on the entry date of the participating employer and may be granted prior and participating service credit in accordance with the provisions of K.S.A. 74-4936 and amendments thereto.
History: L. 1971, ch. 259, § 1; L. 1998, ch. 64, § 64; July 1.
Retirement benefit, pension and annuity payments accruing on and after July 1, 1972, to persons entitled to receive such payments on June 30, 1971, shall be increased in an amount equal to five percent (5%) of the benefit, pension or annuity payment in effect on June 30, 1972, from the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system, the Kansas highway patrol pension fund, the Kansas bureau of investigation pension fund, the Kansas retirement fund for official court reporters and the Kansas retirement fund for judges, except that such increase shall apply to the savings and service annuities payable to all members of the state school retirement system who have retired on or before June 30, 1972.
History: L. 1972, ch. 302, § 1; July 1.
(a) The cost of providing the amount of the increase in payments provided for in K.S.A. 74-4943 shall be included in the next regular appropriate annual valuation made by the actuaries of the respective systems set out in K.S.A. 74-4943, except in the case of the state school retirement system in which case the annual appropriation for payment of annuities shall be increased by an appropriate amount.
(b) The cost of providing the amount of the increase in payments provided for in K.S.A. 74-4943 to persons entitled to receive such payments from the Kansas public employees retirement system, is hereby made a past service cost and shall be amortized in the same manner and over the same period as all other past service costs of each of the participating employers under the Kansas public employees retirement system.
History: L. 1972, ch. 302, § 2; L. 1977, ch. 276, § 2; April 11.
(a) Any member, joint annuitant or beneficiary of a member of the Kansas public employees retirement system who is receiving a benefit from the Kansas public employees retirement system calculated in accordance with K.S.A. 74-4915, shall have the benefit increased permanently in accordance with the following schedule: Those members whose date of retirement occurred during the calendar years 1962 and 1963 will be increased thirty-two percent (32%); those members whose date of retirement occurred during the calendar years 1964 and 1965 will be increased twenty-eight percent (28%); those members whose date of retirement occurred during the calendar years 1966 and 1967 will be increased twenty-two percent (22%); those members whose date of retirement occurred during the calendar year 1968 will be increased fifteen percent (15%); those members whose date of retirement occurred during the calendar year 1969 will be increased nine percent (9%); those members whose date of retirement occurred during the calendar year 1970 will be increased two percent (2%); those members whose retirement date occurred on and after January 1, 1971, are not increased by this act; those members whose retirement date occurs on or after the effective date of this act are not increased by this act.
(b) The increases granted in subsection (a) of this section shall accrue from July 1, 1973, and be in addition to the increase granted under K.S.A. 74-4943.
(c) The cost of the increases granted in subsection (a) is hereby made a past service cost and shall be amortized in the same manner and over the same period as all other past service costs of each of the participating employers under the Kansas public employees retirement system.
History: L. 1973, ch. 321, § 19; L. 1977, ch. 276, § 3; April 11.
(a) For purposes of this section:
(1) "Member" means (A) any person who is a member of a retirement system and who retired before January 1, 1977, (B) any person who is a special member of a retirement system, who became a special member of such retirement system before January 1, 1977, and who retired before January 1, 1977, and (C) any person who is a joint annuitant or beneficiary of any member described in (A) or of any special member described in (B).
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the Kansas highway patrol pension fund, the Kansas bureau of investigation pension fund, the Kansas retirement fund for judges, or the Kansas retirement fund for official court reporters, but shall not mean the state school retirement system.
(b) (1) Each member of a retirement system who is receiving a benefit, pension or annuity from such retirement system, shall have the benefit, pension or annuity increased permanently in accordance with the following schedule:
(A) Those members whose date of retirement occurred during the calendar years prior to 1973 shall be increased seven and thirty-four one hundredths percent (7.34%);
(B) Those members whose date of retirement occurred during the calendar year 1973 shall be increased five and five-tenths percent (5.5%);
(C) Those members whose date of retirement occurred during the calendar year 1974 shall be increased four and four-tenths percent (4.4%);
(D) Those members whose date of retirement occurred during the calendar year 1975 shall be increased two and two-tenths percent (2.2%);
(E) Those members whose date of retirement occurred during the calendar year 1976 shall be increased one and one-tenth percent (1.1%);
(F) Those members whose date of retirement occurred after January 1, 1977, are not increased by this act; and
(G) Those members whose retirement date occurs on or after the effective date of this act are not increased by this act.
(2) Notwithstanding any other provision of this subsection (b), each member of a retirement system receiving a permanent increase in the member's benefit, pension or annuity under paragraphs (A) to (E), inclusive, of this subsection (b), shall receive a permanent increase in the amount of that member's benefit, pension or annuity from that retirement system under this subsection (b) of not less than twenty-four dollars ($24) per year and of not more than two hundred forty dollars ($240) per year.
(c) The increases granted in subsection (b) shall accrue from October 1, 1978, and shall be in addition to the increases granted under K.S.A. 74-4943 and 74-4945.
(d) The cost of the increases granted in subsection (a) under each retirement system is hereby made a past service cost of such retirement system and shall be amortized in the same manner and over the same period as all other past service costs under such retirement system.
History: L. 1978, ch. 293, § 1; July 1.
(1) (a) The retirement benefit, pension or annuity payments accruing after June 30, 1982, to each retirant and each local school annuitant entitled to receive such payments on June 30, 1981, shall be increased by an amount equal to 10% of the retirement benefit, pension or annuity payment in effect on June 30, 1982, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(b) The retirement benefit, pension or annuity payments accruing after June 30, 1984, to each retirant and each local school annuitant entitled to receive such payments on June 30, 1981, shall be increased by an amount equal to 10% of the retirement benefit, pension or annuity payment in effect on June 30, 1984, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(2) As used in this section:
(a) "Retirant" means (i) any person who is a member of a retirement system and who retired prior to July 1, 1981, (ii) any person who is a special member of a retirement system and who retired prior to July 1, 1981, and (iii) any person who is a joint annuitant or beneficiary of any member described in clause (i) or of any special member described in clause (ii).
(b) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(c) "Local school annuitant" means (i) any person who is an annuitant with 10 or more years of service who is receiving an annuity from a school district maintaining a separate retirement system and whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of a group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (ii) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto.
History: L. 1982, ch. 319, § 3; L. 1984, ch. 289, § 12; L. 1985, ch. 254, § 18; July 1.
(a) The retirement benefit, pension or annuity payments accruing after June 30, 1985, to each retirant and each local school annuitant entitled to receive such payments on July 1, 1984, shall be increased by an amount equal to 5% of the retirement benefit, pension or annuity payment in effect on July 1, 1985, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to July 1, 1984, (B) any person who is a special member of a retirement system and who retired prior to July 1, 1984, and (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B).
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity from a school district maintaining a separate retirement system, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of a group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto and who retired prior to September 1, 1981.
History: L. 1985, ch. 254, § 27; July 1.
(a) The retirement benefit, pension or annuity payments accruing after June 30, 1986, to each retirant and each local school annuitant entitled to receive such payments on January 1, 1985, shall be increased by an amount equal to 3% of the retirement benefit, pension or annuity payment in effect on July 1, 1986, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to January 1, 1985, (B) any person who is a special member of a retirement system and who retired prior to January 1, 1985, and (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B).
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity from a school district maintaining a separate retirement system, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of a group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto and who retired prior to September 1, 1981.
History: L. 1986, ch. 294, § 16; July 1.
(a) The retirement benefit, pension or annuity payments accruing after June 30, 1987, to each retirant and each local school annuitant entitled to receive such payments on January 1, 1986, shall be increased by an amount equal to 2% of the retirement benefit, pension or annuity payment in effect on July 1, 1987, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to January 1, 1986, (B) any person who is a special member of a retirement system and who retired prior to January 1, 1986, and (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B).
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity from a school district maintaining a separate retirement system, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of a group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto and who retired prior to September 1, 1981.
History: L. 1987, ch. 299, § 34; July 1.
(a) The retirement benefit, pension or annuity payments accruing after June 30, 1988, to each retirant and each local school annuitant entitled to receive such payments on January 1, 1987, shall be increased by an amount equal to 3% of the retirement benefit, pension or annuity payment in effect on July 1, 1988, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to January 1, 1987, (B) any person who is a special member of a retirement system and who retired prior to January 1, 1987, and (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B).
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity from a school district maintaining a separate retirement system, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of a group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto and who retired prior to September 1, 1981.
History: L. 1988, ch. 302, § 19; July 1.
(a) The retirement benefit, pension or annuity payments accruing after June 30, 1989, to each retirant and each local school annuitant entitled to receive such payments on July 1, 1988, shall be increased by an amount equal to 4% of the retirement benefit, pension or annuity payment in effect on July 1, 1989, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to July 1, 1988, (B) any person who is a special member of a retirement system and who retired prior to July 1, 1988, and (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B).
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity from a school district maintaining a separate retirement system, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of a group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto and who retired prior to September 1, 1981.
(c) The provisions of this section shall be effective on and after July 1, 1989.
History: L. 1989, ch. 232, § 24; May 25.
(a) The retirement benefit, pension or annuity payments accruing after June 30, 1990, to each retirant and each local school annuitant entitled to receive such payments on July 1, 1989, shall be increased by an amount equal to 4% of the retirement benefit, pension or annuity payment in effect on July 1, 1990, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to July 1, 1989, (B) any person who is a special member of a retirement system and who retired prior to July 1, 1989, (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B), and (D) any insured disability benefit recipient.
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity from a school district maintaining a separate retirement system, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto and who retired prior to September 1, 1981.
(4) "Insured disability benefit recipient" means any person receiving an insured disability benefit under K.S.A. 74-4927 and amendments thereto prior to July 1, 1989.
History: L. 1990, ch. 282, § 27; July 1.
(a) The retirement benefit, pension or annuity payments accruing after June 30, 1991, to each retirant and each local school annuitant, shall be increased by an amount equal to $10 or 1.0% of the retirement benefit, pension or annuity payment in effect on July 1, 1991, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district, whichever is greater, and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to July 1, 1990, (B) any person who is a special member of a retirement system and who retired prior to July 1, 1990, (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B), and (D) any insured disability benefit recipient.
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity from a school district maintaining a separate retirement system, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto and who retired prior to September 1, 1981.
(4) "Insured disability benefit recipient" means any person receiving an insured disability benefit under K.S.A. 74-4927 and amendments thereto prior to July 1, 1990.
History: L. 1991, ch. 237, § 19; July 1.
(a) The retirement benefit, pension or annuity payments accruing after June 30, 1992, to each retirant and each local school annuitant from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district, shall be increased by an amount equal to $15. Such payments shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district. Such payments shall be paid out of the net amount of investment income of the system.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to July 1, 1991, (B) any person who is a special member of a retirement system and who retired prior to July 1, 1991, (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B), and (D) any insured disability benefit recipient.
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity from a school district maintaining a separate retirement system, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of a group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto and who retired prior to September 1, 1981.
(4) "Insured disability benefit recipient" means any person receiving an insured disability benefit under K.S.A. 74-4927 and amendments thereto prior to July 1, 1991.
History: L. 1992, ch. 321, § 33; July 1.
(a) (1) Effective July 1, 1993, the retirement benefit, pension or annuity payments accruing after June 30, 1993, to each retirant and each local school annuitant with less than 15 years of service credit from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district, shall be increased by an amount equal to $10 or 5% of the retirement benefit, pension or annuity payment in effect on June 30, 1993, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district, whichever is greater, and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(2) Effective July 1, 1993, the retirement benefit, pension or annuity payments accruing after June 30, 1993, to each retirant and each local school annuitant with 15 or more years of service credit from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district, shall be increased by an amount equal to $50 or 15% of the retirement benefit, pension or annuity payment in effect on June 30, 1993 such increase not to exceed $200, from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district, whichever is greater, and shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member or special member of a retirement system, who retired prior to July 1, 1993, (B) any person who is a joint annuitant or beneficiary of any member or special member described in clause (A).
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity from a school district maintaining a separate retirement system, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto and who retired prior to September 1, 1981.
History: L. 1993, ch. 227, § 51; July 1.
(a) The retirement benefit, pension or annuity payments accruing after June 30, 1994, to each retirant and each local school annuitant from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district, shall be increased by an amount equal to the greater of: (1) 1.5% of the retirement benefit, pension or annuity payment in effect on July 1, 1993; or (2) $.50 for each year of credited service and $.50 for each year since the retirant's or local school annuitant's retirement or, if a disability recipient, $.50 for each year of disability from the retirant's retirement system or the local school annuitant's separate retirement system maintained by a local school district. For the purpose of determining years of credited service and years of retirement and disability, as provided in this section, a remainder of six months or more will be rounded to a whole year and a remainder of less than six months will be disregarded. Such payments shall be paid by such retirement system to the retirant or by such separate retirement system maintained by a local school district to the local school annuitant during such period. All such increased payments to local school annuitants shall be paid by the local school district maintaining a separate retirement system and such payments shall be made at no additional cost to any employer other than the local school district. Such payments shall be paid out of the net amount of investment income of the system.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to July 1, 1993, (B) any person who is a special member of a retirement system and who retired prior to July 1, 1993, (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B), and (D) any insured disability benefit recipient, except that "retirant" does not include any person whose total service credit is based exclusively on service as a member of the legislature or exclusively on such legislative service and on military service or out-of-state teaching service, or exclusively on both such military and out-of-state teaching service in conjunction with such legislative service.
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity from a school district maintaining a separate retirement system, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b, and amendments thereto, and who is not a member of a group I or of group II as defined in K.S.A. 72-5518, and amendments thereto, and (B) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b, and amendments thereto, and who retired prior to September 1, 1981.
(4) "Insured disability benefit recipient" means any person receiving an insured disability benefit under K.S.A. 74-4927, and amendments thereto, prior to July 1, 1993.
History: L. 1994, ch. 293, § 32; May 5.
The retirement benefit, pension or annuity payments accruing after June 30, 1998, to each retirant of the state school retirement system who retired prior to January 1, 1971, and who had at least 25 years or more of service credit, shall be increased by an amount equal to $100.
History: L. 1998, ch. 201, § 48; July 1.
(a) The retirement benefit, pension or annuity payments accruing after June 30, 1998, to each retirant and each local school annuitant shall be increased by an amount equal to 3.0% of the retirement benefit, pension or annuity payment in effect on July 1, 1998, from the retirant's retirement system and shall be paid by such retirement system to the retirant and the local school annuitant during such period.
(b) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to July 1, 1997, (B) any person who is a special member of a retirement system and who retired prior to July 1, 1997, (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B) and (D) any long-term disability benefit recipient.
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto, and who is not a member of a group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity and who retired prior to September 1, 1981.
(4) "Long-term disability recipient" means any person receiving a long-term disability benefit under K.S.A. 74-4927 and amendments thereto prior to July 1, 1997.
History: L. 1998, ch. 201, § 50; July 1.
The retirement benefit, pension or annuity payments to each retirant of the state school retirement system who retired prior to January 1, 1971, and who had at least 20 years or more of service credit, shall:
(a) For retirement benefit, pension or annuity payments accruing after June 30, 2001, be in an amount as otherwise provided by law but shall be an amount at least equal to $500;
(b) for retirement benefit, pension or annuity payments accruing after June 30, 2006, be in an amount as otherwise provided by law but shall be an amount of at least $625; and
(c) for retirement benefit, pension and annuity payments accruing after June 30, 2007, be in an amount as otherwise provided by law but shall be in an amount at least equal to $750.
History: L. 2001, ch. 209, § 49; L. 2006, ch. 143, § 18; July 1.
The purpose of this act is to provide an orderly means whereby police and firemen employed by participating employers and who have attained retirement age or who have become disabled as herein set forth may be retired from active service without prejudice and without inflicting a hardship on the employees retired and to enable such employees to accumulate reserves for themselves and their dependents to provide for old age, disability, death and termination of employment, and for the purpose of effecting economy and efficiency in the administration of governmental affairs.
History: L. 1965, ch. 447, § 1; June 30.
As used in K.S.A. 74-4951 et seq., and amendments thereto:
(1) "Accumulated contributions" means the sum of all contributions by a member to the system which shall be credited to the member's account with interest allowed thereon after June 30, 1982.
(2) "Disability" means the total inability to perform permanently the duties of the position of a policeman or fireman.
(3) "Eligible employer" means any city, county, township or other political subdivision of the state employing one or more employees as firemen or policemen.
(4) "Employee" means any policeman or fireman employed by a participating employer whose employment for police or fireman purposes is not seasonal or temporary and requires at least 1,000 hours of work per year.
(5) "Entry date" means the date as of which an eligible employer joins the system; the first entry date pursuant to this act is January 1, 1967.
(6) "Final average salary" means:
(a) For members who are first hired as an employee, as defined in subsection (4), before July 1, 1993, the average highest annual compensation paid to a member for any three of the last five years of participating service immediately preceding retirement or termination of employment, or if participating service is less than three years, then the average annual compensation paid to the member during the full period of participating service, or if a member has less than one calendar year of participating service, then the member's final average salary shall be computed by multiplying the member's highest monthly salary received in that year by 12;
(b) for members who are first hired as an employee, as defined in subsection (4), on and after July 1, 1993, the average highest annual salary, as defined in K.S.A. 74-4902(33), and amendments thereto, paid to a member for any three of the last five years of participating service immediately preceding retirement or termination of employment, or if participating service is less than three years, then the average annual salary, as defined in K.S.A. 74-4902(33), and amendments thereto, paid to the member during the full period of participating service, or if a member has less than one calendar year of participating service, then the member's final average salary shall be computed by multiplying the member's highest monthly salary received in that year by 12;
(c) for purposes of subparagraphs (a) and (b) of this subsection, the date that such member is first hired as an employee for members who are employees of employers that elected to participate in the system on or after January 1, 1994, shall be the date that such employee's employer elected to participate in the system; and
(d) for any application to purchase or repurchase service credit for a certain period of service as provided by law received by the system after May 17, 1994, for any member who will have contributions deducted from such member's compensation at a percentage rate equal to two or three times the employee's rate of contribution or who will have contributions deducted from such member's compensation at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, or will begin paying to the system a lump-sum amount for such member's purchase or repurchase, and such deductions or lump-sum payment commences after the commencement of the first payroll period in the third quarter, "final average salary" shall not include any amount of compensation or salary which is based on such member's purchase or repurchase. Any application to purchase or repurchase multiple periods of service shall be treated as multiple applications.
(e) Notwithstanding any other provision of this section, for purposes of applying limits as provided by the federal internal revenue code, salary shall have the meaning as determined pursuant to K.S.A. 74-49,123, and amendments thereto.
(7) "Retirement benefit" means a monthly income or the actuarial equivalent thereof paid in such manner as specified by the member as provided under the system or as otherwise allowed to be paid at the discretion of the board, with benefits accruing from the first day of the month coinciding with or following retirement and ending on the last day of the month in which death occurs. Upon proper identification such surviving spouse may negotiate the warrant issued in the name of the retirant.
(8) "Normal retirement date" means the date on or after which a member may retire with eligibility for retirement benefits for age and service as provided in K.S.A. 74-4957(1) and (3), and amendments thereto.
(9) "Retirement system" or "system" means the Kansas police and firemen's retirement system as established by this act and as it may be hereafter amended.
(10) "Service-connected" means: With regard to a death or any physical or mental disability, any such death or disability resulting from external force, violence or disease occasioned by an act of duty as a policeman or fireman and, for any member after five years of credited service, there shall be a rebuttable presumption, that any death or disability resulting from a heart disease, contraction of a bloodborne pathogen as provided in this subsection or disease of the lung or respiratory tract or cancer, including, but not limited to, cancer of the brain, skin, digestive system, hematological system or genitourinary system as provided in this subsection, except that in the event that the member ceases to be a contributing member by reason of a service-connected disability for a period of six months or more and then again becomes a contributing member, the provision relating to death or disability resulting from a heart disease, contraction of a bloodborne pathogen as provided in this subsection, disease of the lung or respiratory tract or cancer as provided in this subsection shall not apply until such member has again become a contributing member for a period of not less than two years or unless clear and precise evidence is presented that the heart disease, contraction of a bloodborne pathogen as provided in this subsection, disease of the lung or respiratory tract or cancer as provided in this subsection was in fact occasioned by an act of duty as a policeman or fireman. If the retirement system receives evidence to the contrary of such presumption, the burden of proof shall be on the member or other party to present evidence that such death or disability was service-connected. The provisions of this subsection relating to the presumption that the death or disability resulting from cancer was service-connected shall only apply if the condition that caused the death or disability is a type of cancer which may, in general, result from exposure to heat, radiation or a known carcinogen. For purposes of this subsection, "bloodborne pathogen" includes any disease that is present in human blood and is designated as infectious or contagious by the secretary of health and environment through rules and regulations adopted pursuant to K.S.A. 65-128, and amendments thereto.
(11) Prior to July 1, 1998, "fireman" or "firemen" means an employee assigned to the fire department and engaged in the fighting and extinguishment of fires and the protection of life and property therefrom or in support thereof and who is specifically designated, appointed, commissioned or styled as such by the governing body or city manager of the participating employer and certified to the retirement system as such. On and after July 1, 1998, "fireman" or "firemen" means an employee assigned to the fire department whose principal duties are engagement in the fighting and extinguishment of fires and the protection of life and property therefrom and who is specifically designated, appointed, commissioned or styled as such by the governing body or city manager of the participating employer and certified to the retirement system as such.
(12) Prior to July 1, 1998, "police," "policeman" or "policemen" means an employee assigned to the police department and engaged in the enforcement of law and maintenance of order within the state and its political subdivisions, including sheriffs and sheriffs' deputies, or in support thereof and who is specifically designated, appointed, commissioned or styled as such by the governing body or city manager of the participating employer and certified to the retirement system as such. On and after July 1, 1998, "police," "policeman" or "policemen" means an employee assigned to the police department whose principal duties are engagement in the enforcement of law and maintenance of order within the state and its political subdivisions, including sheriffs and sheriffs' deputies; who has successfully completed the required course of instruction for law enforcement officers approved by the Kansas law enforcement training center and is certified pursuant to the provisions of K.S.A. 74-5607a, and amendments thereto; and who is specifically designated, appointed, commissioned or styled as such by the governing body or city manager of the participating employer and certified to the retirement system as such. "Police," "policeman" or "policemen" who have been assigned to the police department, whose duties have included engagement in the enforcement of law and maintenance of order within the state and its political subdivisions, who have been certified pursuant to K.S.A. 74-5607a, and amendments thereto, who have been designated as "police," "policeman" or "policemen" as provided in this subsection and for whom required contributions have been made to the Kansas police and firemen's retirement system shall not be denied benefits due to a temporary or full-time assignment to a jail, adult detention center or other correctional facility by the state or any of its political subdivisions, and this provision shall be applied retroactively to July 1, 1999, to any member meeting such requirements as provided in this enactment.
(13) Except as otherwise defined in this act, words and phrases used in K.S.A. 74-4951 et seq., and amendments thereto, shall have the same meanings ascribed to them as are defined in K.S.A. 74-4902, and amendments thereto.
History: L. 1965, ch. 447, § 2; L. 1967, ch. 431, § 1; L. 1982, ch. 319, § 33; L. 1984, ch. 289, § 13; L. 1993, ch. 289, § 5; L. 1994, ch. 347, § 2; L. 1995, ch. 267, § 20; L. 1998, ch. 64, § 65; L. 1998, ch. 201, § 33; L. 2005, ch. 196, § 13; L. 2015, ch. 41, § 1; L. 2019, ch. 50, § 1; July 1.
(1) There is hereby created the "Kansas police and firemen's retirement system" which is a division of the Kansas public employees retirement system created by K.S.A. 74-4903 and amendments thereto, and which is subject to the provisions of K.S.A. 74-4901 et seq. and amendments thereto.
(2) The Kansas police and fireman's retirement system shall be administered by the board in the manner required to satisfy the applicable qualification requirements for governmental plans as specified in the federal internal revenue code, and as appropriate for a governmental plan. The provisions of K.S.A. 74-49,123 and amendments thereto shall apply to the administration of the system.
History: L. 1965, ch. 447, § 3; L. 1967, ch. 431, § 2; L. 1998, ch. 64, § 66; July 1.
(1) Any eligible employer may join the system on January 1 of any year on or after January 1, 1967. Application for affiliation shall be by resolution approved by the governing body of the eligible employer and shall be submitted to the board of trustees in such form as the board shall determine, not later than 30 days prior to the date participation is to begin, except as such time limit is extended by the board. Such application may be for participation with regard to: (a) All policemen or firemen, or both, who are employed by the participating employer on or after the employer's entry date; (b) all policemen or firemen, or both, employed by the participating employer immediately prior to and on the employer's entry date and all retired members of all local police or fire pension plans which are maintained and funded by the employer, as those terms are defined in K.S.A. 12-5001 and amendments thereto; or (c) all individuals which are referred to in subsections (a) and (b). The application shall include a statement of the group or groups to be covered. Any such application, upon approval by the board of trustees, shall be irrevocable, except that extension of coverage to any of the above named employee groups not covered in the employer's initial application may be obtained by supplemental application to the board, in such form as may be provided by the board, with such coverage to be effective on January 1 of any succeeding year.
(2) Any eligible employer whose police or firemen, or both, are covered by the Kansas public employees retirement system may provide for the transfer of such police or firemen, or both, to the Kansas police and firemen's retirement system in the same manner as provided in subsection (1). Such transferred employees shall receive credit only for prior service as police or firemen, or both, except as otherwise provided in this act. Upon notice of such transfer authorization, the board of trustees shall transfer to the credit of the employee under the Kansas police and firemen's retirement system such amounts as may be presently credited to the employee's account for contribution under the Kansas public employees retirement system and an equivalent amount to the employer's account for contributions for such employee.
(3) Any eligible employer, prior to the filing of an application for coverage under this system, may request the board of trustees to submit a proposal for such coverage including an estimate of the employer's contribution rate necessary to comply with the actuarial standard of this system. Such eligible employer shall furnish all necessary data from which such proposal may be prepared, and shall pay all costs involved.
(4) Any fire district which is a participating employer and has consolidated with another fire district under the provisions of K.S.A. 19-3601 et seq. and amendments thereto, may affiliate for prior service coverage for the employees of the fire district consolidated with the participating employer. The participating employer may cause the value of any defined benefit pension plan or policy maintained by the district consolidated with the participating employer to be transferred to the Kansas police and firemen's retirement system, and any such amounts transferred shall be applied to the cost of affiliating for prior service coverage for the employees of the fire district consolidated with the participating employer.
History: L. 1965, ch. 447, § 4; L. 1967, ch. 431, § 3; L. 1976, ch. 348, § 8; L. 1988, ch. 302, § 15; L. 1991, ch. 237, § 12; July 1.
(a) As used in this section "emergency medical service technician" means any emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto, who is certified pursuant to K.S.A. 65-6129, and amendments thereto.
(b) For the purposes of any affiliation under subsection (c), whenever the word "fireman" is used in article 49 of chapter 74, and amendments thereto, it shall be construed to include "emergency medical service technician" as defined by subsection (a).
(c) Any county or city providing emergency medical service as a third function apart from police and fire, as an eligible employer under the Kansas police and firemen's retirement system, may make application or supplemental application to affiliate with the Kansas police and firemen's retirement system in accordance with and subject to K.S.A. 74-4954, and amendments thereto, with regard to coverage of emergency medical service technicians under that system.
History: L. 1984, ch. 274, § 1; L. 1995, ch. 267, § 21; L. 2019, ch. 64, § 35; June 6.
(1) On and after July 1, 1985, any city, county, township or other political subdivision of the state employing one or more firemen or policemen, as defined by subsections (11) and (12) of K.S.A. 74-4952 and amendments thereto, or emergency medical technician, as defined by subsection (f) of K.S.A. 65-4314 and amendments thereto, which is currently a participating employer in the Kansas public employees retirement system, may affiliate with the Kansas police and firemen's retirement system established under the provisions of K.S.A. 74-4951 et seq. and amendments thereto. All such agencies shall make application for affiliation with such system in the manner provided by K.S.A. 74-4954 and amendments thereto, to be effective on January 1 next following application.
(2) Each participating employer affiliating pursuant to the provisions of subsection (1) shall appropriate and pay to the system a sum sufficient to satisfy the obligations hereunder as certified by the board.
(3) Except as otherwise required by the provisions of USERRA, any policeman or fireman who shall be appointed on or after the entry date of such agency shall become a member of the Kansas police and firemen's retirement system upon the first day of such employment.
(4) For the purposes of determining and computing retirement benefits and death and disability benefits computed upon the basis of credited service of policemen or firemen appointed under the provisions of this act, the term "credited service," as used in K.S.A. 74-4951 et seq. and amendments thereto, means and includes only participating service with the participating employer, except as hereinafter provided:
(a) Credited service of any employee with any participating employer prior to becoming a member under these provisions shall be considered and included in determining if the death or disability of such employee was service connected under the provisions of subsection (10) of K.S.A. 74-4952 and amendments thereto and for the purposes of determining the eligibility of such officer for nonservice-connected death and disability benefits under the provisions of subsection (2) of K.S.A. 74-4959 and amendments thereto and subsection (2) of K.S.A. 74-4960 and amendments thereto.
(b) Notwithstanding the provisions of K.S.A. 74-4957 and 74-4963 and amendments thereto, all credited service of any employee with any participating employer prior to becoming a member under these provisions shall be included and counted together with credited participating service for the meeting of requirements of years of service fixed under the provisions of such sections.
Any rights and benefits accruing to any employee of an agency prior to the effective date of affiliation shall be determined and computed pursuant to the provisions of K.S.A. 74-4901 et seq. and amendments thereto. Any member who becomes a member pursuant to this section, who has a vested retirement benefit pursuant to K.S.A. 74-4917 and amendments thereto and who terminates employment prior to attaining a vested benefit pursuant to K.S.A. 74-4963 and amendments thereto may have such service credited for purposes of determining and computing retirement benefits pursuant to K.S.A. 74-4901 et seq. and amendments thereto.
History: L. 1985, ch. 254, § 29; L. 1998, ch. 64, § 67; July 1.
(1) Any policeman or fireman of a participating employer shall become a member of the system upon the entry date of his or her employer, except that any policeman or fireman of a participating employer who is covered by the pension systems established under the provisions of K.S.A. 13-14a01 to 13-14a14 and amendments thereto, or K.S.A. 14-10a01 to 14-10a15 and amendments thereto, shall become a member of the system herein established only by filing with the board, on or before his or her employer's entry date, a written election to become a member of such system. Failure to file such written election shall be presumed to be an election not to become a member. Such election, whether to become a member or not to become a member, shall be irrevocable.
(2) Any person who shall be employed as a policeman or fireman by a participating employer who is participating in the system with respect to such group on or after the entry date shall become a member of the system upon the first day of such employment.
(3) Any policeman or fireman of a participating employer who is on an authorized leave of absence on the employer's entry date shall become a member of the system on the first day of his or her return to active employment and the employer's payroll, except that if such employee is covered by the pension systems established under the provisions of K.S.A. 13-14a01 to 13-14a14 and amendments thereto or K.S.A. 14-10a01 to 14-10a15 and amendments thereto, he or she shall become a member of the system herein established only by filing with the board within ten (10) days after returning to active employment, a written election to become a member of such system. Failure to file such written election shall be presumed to be an election not to become a member. Such election, whether to become a member or not to become a member, shall be irrevocable.
(4) Any person who holds the elective office of sheriff of a participating employer which is participating in the system with respect to such group may become a member by filing with the board a written election to become a member on or before taking office or the entry date of his or her employer. Failure to file such written election shall be presumed to be an election not to become a member. Such election, whether to become a member or not to become a member, shall be irrevocable. Any person who becomes a member by virtue of this subsection shall receive prior service credit only if such person becomes a member when first eligible to do so.
History: L. 1965, ch. 447, § 5; L. 1967, ch. 431, § 4; L. 1974, ch. 390, § 18; L. 1979, ch. 250, § 2; July 1.
(1) Except as provided in subsection (4), each member of the system who was appointed or employed prior to July 1, 1989, may elect to be covered by the provisions of K.S.A. 74-4957a, 74-4958a, 74-4960a, 74-4963a and 74-4964a, and amendments thereto, on the first day of the first payroll period of such member coinciding with or following the receipt of such election in the office of the retirement system, only by filing with the board of trustees of the system prior to January 1, 1990, a written election to be covered by such provisions. Failure to file such written election shall be presumed to be an election not to be covered by such provisions. Such election, whether to become a member or not to become a member, shall be irrevocable.
(2) Each person appointed or employed on or after July 1, 1989, shall be covered by the provisions of K.S.A. 74-4957a, 74-4958a, 74-4960a, 74-4963a and 74-4964a, and amendments thereto.
(3) The provisions of this section shall be effective on and after July 1, 1989.
(4) Each member of the system who was appointed or employed prior to July 1, 1989, and who did not elect to be covered by the provisions specified in subsection (1) prior to January 1, 1990, may elect to be covered by such provisions by filing a written election as provided in subsection (1) during the period commencing July 1, 1990, and ending September 30, 1990.
(5) Except as provided in this subsection, each member of the system who was appointed or employed prior to July 1, 1989, and who did not elect to be covered by the provisions specified in subsection (1) as provided in this section, may elect to be covered by such provisions by filing a written election as provided in subsection (1). The provisions of this subsection shall take effect on and after the date the system receives a private letter ruling from the internal revenue service that the provisions of this subsection do not contravene federal law. The period of such election as provided by this subsection shall commence on the date of receipt by the system of such private letter ruling, and shall end 90 days thereafter. Any member who elects as provided by this subsection shall pay the cost of such election by means of a single lump-sum payment in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of the purchase and the actuarial assumptions and tables then in use by the system.
History: L. 1989, ch. 232, § 25; L. 1990, ch. 282, § 14; L. 1998, ch. 201, § 34; July 1.
(1) Prior service shall be credited as follows:
(a) Each member shall receive:
(i) Full credit for all employment, whether or not continuous, as either a policeman or fireman prior to the entry date with such member's employer who is such member's employer on the entry date;
(ii) full credit for all employment, whether or not continuous, as either a police or fireman prior to the entry date of such police or firemen's employer, with a participating employer, if such member has at least 20 years of credited service; and
(iii) for all continuous employment with the same employer other than either as policeman or fireman, immediately preceding such service as a policeman or fireman, one month of credit for each two months of service. Any member or retirant who has been credited with prior service as provided in this section may apply to the board on such forms as the board prescribes for prior service credit with a participating employer under the Kansas police and firemen's retirement system other than such member's entry date employer. Each member shall receive full credit for all employment as either a policeman or fireman with such other participating employers and shall receive one month of credit for each two months of continuous service with other participating employers for continuous employment preceding service as a policeman or fireman. Upon receipt of written verification of such employment from such other participating employer, the board may grant such additional prior service credit. With respect to a retirant, the board shall adjust the amount of the retirement benefit accordingly commencing with the next monthly benefit payment due following receipt of written verification. In the case of any person other than a retirant receiving a retirement benefit, such person may make application for an adjustment in the benefit amount in the same manner as a member or retirant, and in such case the adjustment in the benefit amount shall be determined by the board upon the advice of the actuary, and shall commence with the next monthly benefit payment due following receipt of written verification, except that no additional prior service credit shall be granted for any service with another participating employer for which benefits are being received or will be received. A retirant or any other person receiving a retirement benefit shall not be entitled to any retroactive adjustment in the amount of retirement benefit as a result of the board granting such additional prior service credit.
If a member was employed as a fireman, other than as a volunteer fireman, by a township which is annexed by a participating employer the member's retirement benefits and death and disability benefits shall be computed on the basis of credited service. Continuous service as a fireman with a township prior to annexation by a member, who became a member immediately following the annexation, shall be considered credited service.
No such service shall be considered credited service for the purpose of computing years of service if such fireman is receiving or will become eligible to receive benefits as a result of such service with the township.
(b) Leaves of absence and military service shall not be counted as breaks in continuous employment; however, military service which is preceded within 30 days and followed by employment with a participating employer shall be credited, except that after July 1, 1974, not more than five years credit for military service shall be granted hereunder to the extent required by the provisions of USERRA, but leaves of absence shall not be credited.
(2) Participating service shall be credited as follows: (a) A member shall receive credit for participating service with a participating employer in accordance with the rules and regulations established by the board. Any period of time away from work or normal duties while in a paid status authorized and approved by a participating employer on and after July 1, 2014, including, without limitation, any administrative leave with pay and any paid vacation leave, sick leave, personal leave, worker's compensation leave, light duty or temporary duty assignment, shall constitute participating service and any member shall receive full credit for such participating service with a participating employer for any such period of time away from work or normal duties. If the member does not return to work for the participating employer in the same or a similar position at the conclusion of such leave, except for reasons of death or disability, the period of the leave shall be removed from service credit, and the employer and employee contributions for such period of leave shall be reimbursed by the system to the employee and the employer unless otherwise provided herein. In the case of a decision to voluntarily terminate employment, the period of leave exceeding 365 days shall be removed from service credit, and the employer and employee contributions for such period of leave shall be reimbursed by the system to the employee and the employer. No more than one calendar quarter of participating service shall be credited for employment within any one calendar quarter.
(b) Leaves of absence shall not be counted as a termination of employment provided the member leaves such member's accumulated contributions on deposit with the system and returns to employment with the employer granting such leave; however, the period of leave of absence shall not be credited service.
(c) To the extent required under the provisions of USERRA, military service shall not count as a break in continuous employment.
(d) Termination of employment with a participating employer followed by employment with the same or another participating employer within two years shall not constitute a termination of membership provided the member leaves such member's accumulated contributions on deposit with the system; however, the period while not employed shall not be credited.
(3) In determining the number of years of credited service for calculation of retirement benefits a fractional year of six months or more of credited service shall be considered as one year and a fractional year of less than six months of credited service shall be disregarded.
History: L. 1965, ch. 447, § 6; L. 1967, ch. 431, § 5; L. 1968, ch. 71, § 1; L. 1974, ch. 342, § 1; L. 1982, ch. 319, § 34; L. 1989, ch. 232, § 16; L. 1994, ch. 293, § 20; L. 1998, ch. 64, § 68; L. 1998, ch. 201, § 35; L. 2017, ch. 68, § 2; July 1.
(1) The normal retirement date for a member of the system who is appointed or employed prior to July 1, 1989, and who does not make an election pursuant to K.S.A. 74-4955a, and amendments thereto, shall be the first day of the month coinciding with or following termination of employment not followed by employment with any participating employer within 30 days, and the attainment of age 55 and the completion of 20 years of credited service or the completion of 32 years of credited service regardless of the age of the member. Any member may retire on such member's normal retirement date or on the first day of any month thereafter.
(2)
Early retirement.
Any member who is appointed or employed prior to July 1, 1989, and who does not make an election pursuant to K.S.A. 74-4955a, and amendments thereto, may retire before such member's normal retirement date on the first day of any month coinciding with or following termination of employment not followed by employment with any participating employer within 30 days and the attainment of age 50 and the completion of 20 years of credited service.
(3) Notwithstanding the provisions of subsections (1) and (2) and K.S.A. 74-4955a, 74-4957a, 74-4958a, 74-4960a, 74-4963a and 74-4964a, and amendments thereto, the normal retirement date for any member who was, up to the entry date of such member's employer, covered by a pension system under the provisions of K.S.A. 13-14a01 through 13-14a14 or 14-10a01 through 14-10a15, and amendments thereto, shall be the first day of the month coinciding with or following the attainment of age 50 and the completion of 25 years of credited service.
(4) In no event shall a member be eligible to retire until such member has been a contributing member of the system for 12 months of participating service, and shall have given such member's employer prior notice of retirement.
(5) If a retirant who retired on or after July 1, 1994, is employed, elected or appointed in or to any position or office for which compensation for service is paid in an amount equal to $40,000 or more in any one such calendar year, by the same state agency or the same police or fire department of any county, city, township or special district or the same sheriff's office of a county during the final two years of such retirant's participation, such retirant shall not receive any retirement benefit for any month for which such retirant serves in such position or office. The participating employer shall report to the system within 30 days of when the compensation paid to the retirant is equal to or exceeds any limitation provided by this section. Any retirant employed by a participating employer in the Kansas police and firemen's retirement system shall not make contributions nor receive additional credit under such system for such service except as provided by this section. Upon request of the executive director of the system, the secretary of revenue shall provide such information as may be needed by the executive director to carry out the provisions of this act.
History: L. 1965, ch. 447, § 7; L. 1967, ch. 431, § 6; L. 1973, ch. 327, § 1; L. 1981, ch. 311, § 3; L. 1987, ch. 299, § 27; L. 1989, ch. 232, § 17; L. 1994, ch. 293, § 21; L. 1995, ch. 267, § 22; L. 1998, ch. 201, § 36; L. 2001, ch. 209, § 29; L. 2004, ch. 182, § 6; L. 2016, ch. 76, § 4; L. 2024, ch. 65, § 12; July 1.
(1) The normal retirement date for a member of the system who is appointed or employed on or after July 1, 1989, or who makes an election pursuant to K.S.A. 74-4955a, and amendments thereto, to be covered by the provisions of this act shall be the first day of the month coinciding with or following termination of employment not followed by employment with any participating employer within 30 days and the attainment of age 55 and the completion of 20 years of credited service, age 50 and the completion of 25 years of credited service or age 60 with the completion of 15 years of credited service. Any such member may retire on such member's normal retirement date or on the first day of any month thereafter.
(2) Any member may retire before such member's normal retirement date on the first day of any month coinciding with or following termination of employment not followed by employment with any participating employer within 30 days and the attainment of age 50 and the completion of 20 years of credited service.
(3) In no event shall a member be eligible to retire until such member has been a contributing member of the system for 12 months of participating service, and shall have given such member's employer prior notice of retirement.
(4) If a retirant who retired on or after July 1, 1996, is employed, elected or appointed in or to any position or office for which compensation for service is paid in an amount equal to $40,000 or more in any one such calendar year, by the same state agency or the same police or fire department of any county, city, township or special district or the same sheriff's office of a county during the final two years of such retirant's participation, such retirant shall not receive any retirement benefit for any month for which such retirant serves in such position or office. The participating employer shall report to the system within 30 days of when the compensation paid to the retirant is equal to or exceeds any limitation provided by this section. Any retirant employed by a participating employer in the Kansas police and firemen's retirement system shall not make contributions nor receive additional credit under such system for such service except as provided by this section. Upon request of the executive director of the system, the secretary of revenue shall provide such information as may be needed by the executive director to carry out the provisions of this act.
(5) The provisions of this section shall be effective on and after July 1, 1989, and shall apply only to members who were appointed or employed prior to July 1, 1989, and who made an election pursuant to K.S.A. 74-4955a, and amendments thereto; and persons appointed or employed on or after July 1, 1989.
History: L. 1989, ch. 232, § 26; L. 1996, ch. 266, § 14; L. 1998, ch. 201, § 37; L. 2001, ch. 209, § 30; L. 2016, ch. 76, § 5; L. 2024, ch. 65, § 13; July 1.
(1) Any member who retires on or after July 1, 1993, shall be entitled to receive an age and service retirement benefit equal to 2.5% of such member's final average salary multiplied by the number of years of credited service for which the member contributed at the contribution rate prescribed by subsection (1) of K.S.A. 74-4965, and amendments thereto, or for which such member made a lump sum repayment in accordance with the provisions of K.S.A. 74-4965, and amendments thereto, except that in no case shall such retirement benefit exceed 90% of such member's final average salary.
(2) Any member who is appointed or employed prior to July 1, 1989, who does not make an election pursuant to K.S.A. 74-4955a, and amendments thereto, and who retires before such member's normal retirement date shall receive an early retirement benefit equal to the annual retirement benefit payable had the member retired on the normal retirement date reduced by an amount equal to the product of (A) such annual retirement benefit payable had the member retired on the normal retirement date, multiplied by (B) the product of 0.4% multiplied by the number of months difference, to the nearest whole month, between the member's attained age at the time of retirement and age 55.
(3) Upon the death after retirement of a member who was covered, up to the entry date of the member's employer, by a pension system under the provisions of K.S.A. 12-5001 to 12-5007, inclusive, and amendments thereto, or K.S.A. 13-14a01 to 13-14a14, inclusive, and amendments thereto, or K.S.A. 14-10a01 to 14-10a15, inclusive, and amendments thereto, and who had not elected to retire under one of the options provided under K.S.A. 74-4964, and amendments thereto, the member's spouse, if such spouse was the member's lawfully wedded spouse for a period of not less than one year at the time of the member's retirement or if such spouse had been the member's lawfully wedded spouse for at least three years after the time of the member's retirement, shall receive: (A) Pursuant to the provisions of K.S.A. 74-49,128, and amendments thereto, a lump-sum benefit equal to ½ the member's final average salary at the time of the member's retirement; and (B) an annual spouse's benefit equal to 75% of the member's retirement benefit payable in monthly installments, to accrue from the last day of the month following the member's date of death and ending on the last day of the month in which the spouse dies. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, the spouse's benefit shall be payable, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, in equal shares to such children and each child's share shall end on the last day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act. All payments due under this section to a minor shall be made to a legally appointed conservator of such minor as provided in subsection (7) of K.S.A. 74-4902, and amendments thereto. No person shall be entitled to receive more than one benefit under the provisions of this subsection. Any person who otherwise meets the qualifications to receive more than one benefit under this subsection shall elect the benefit such person shall receive.
(4) Upon the death after retirement of a member who had not elected to retire under one of the options provided under K.S.A. 74-4964, and amendments thereto, such member's beneficiary shall receive an amount equal to the excess, if any, of such member's accumulated contributions over the sum of all retirement benefit payments made.
(5) The provisions of law in effect on the retirement date of a member under the system shall govern the retirement benefit payable to the retirant, any joint annuitant and any beneficiary.
History: L. 1965, ch. 447, § 8; L. 1967, ch. 431, § 7; L. 1979, ch. 251, § 2; L. 1980, ch. 238, § 5; L. 1982, ch. 319, § 35; L. 1985, ch. 254, § 19; L. 1988, ch. 302, § 35; L. 1989, ch. 232, § 18; L. 1992, ch. 321, § 11; L. 1993, ch. 227, § 35; L. 1998, ch. 64, § 69; L. 2000, ch. 152, § 18; L. 2001, ch. 209, § 31; L. 2013, ch. 132, § 3; June 13.
(1) Any member who retires on or after July 1, 1993, shall be entitled to receive an age and service retirement benefit equal to 2.5% of such member's final average salary multiplied by the number of years of credited service for which the member contributed at the contribution rate prescribed by subsection (1) of K.S.A. 74-4965, and amendments thereto, or for which such member made a lump sum repayment in accordance with the provisions of K.S.A. 74-4965, and amendments thereto, except that in no case shall such retirement benefit exceed 90% of such member's final average salary.
(2) Any member who retires before such member's normal retirement date shall receive an early retirement benefit equal to the annual retirement benefit payable had the member retired on the normal retirement date reduced by an amount equal to the product of (A) such annual retirement benefit payable had the member retired on the normal retirement date, multiplied by (B) the product of 0.4% multiplied by the number of months difference, to the nearest whole month, between the member's attained age at the time of retirement and age 55.
(3) Pursuant to the provisions of K.S.A. 74-49,128, and amendments thereto, upon the death after retirement of a member who was covered, up to the entry date of the member's employer, by a pension system under the provisions of K.S.A. 12-5001 to 12-5007, inclusive, and amendments thereto, or K.S.A. 13-14a01 to 13-14a14, inclusive, and amendments thereto, or K.S.A. 14-10a01 to 14-10a15, inclusive, and amendments thereto, and who had not elected to retire under one of the options provided under K.S.A. 74-4964, and amendments thereto, the member's spouse, if such spouse was the member's lawfully wedded spouse for a period of not less than one year at the time of the member's retirement or if such spouse had been the member's lawfully wedded spouse for at least three years after the time of the member's retirement, shall receive: (A) Pursuant to the provisions of K.S.A. 74-49,128, and amendments thereto, a lump-sum benefit equal to ½ the member's final average salary at the time of the member's retirement; and (B) an annual spouse's benefit equal to 75% of the member's retirement benefit payable in monthly installments, to accrue from the first day of the month following the member's date of death and ending on the last day of the month in which the spouse dies. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, the spouse's benefit shall be payable, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, in equal shares to such children and each child's share shall end on the last day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act. All payments due under this section to a minor shall be made to a legally appointed conservator of such minor as provided in subsection (7) of K.S.A. 74-4902, and amendments thereto. No person shall be entitled to receive more than one benefit under the provisions of this subsection. Any person who otherwise meets the qualifications to receive more than one benefit under this subsection shall elect the benefit such person shall receive.
(4) Upon the death after retirement of a member who had not elected to retire under one of the options provided under K.S.A. 74-4964, and amendments thereto, such member's beneficiary shall receive an amount equal to the excess, if any, of such member's accumulated contributions over the sum of all retirement benefit payments made.
(5) The provisions of this section shall be effective on and after July 1, 1989, and shall apply only to members who were appointed or employed prior to July 1, 1989, and who made an election pursuant to K.S.A. 74-4955a, and amendments thereto; and persons appointed or employed on or after July 1, 1989.
(6) The provisions of law in effect on the retirement date of a member under the system shall govern the retirement benefit payable to the retirant, any joint annuitant and any beneficiary.
History: L. 1989, ch. 232, § 27; L. 1992, ch. 321, § 12; L. 1993, ch. 227, § 36; L. 1998, ch. 64, § 70; L. 2000, ch. 152, § 19; L. 2001, ch. 209, § 32; L. 2013, ch. 132, § 4; June 13.
(1) Upon the death from service-connected causes as defined in this act, of an active contributing member prior to retirement, the following benefits shall be payable if a report of the event, in a form acceptable to the board, is filed in the office of the executive director of the board within 200 days after the date of the act of duty causing such death and an application for such benefits, in such form and manner as prescribed by the board, is filed in the office of the executive director of the board within two years of the date of death, but the board may waive such time limits for a reasonable period if in the judgment of the board the failure to meet these limits was due to lack of knowledge or incapacity:
(a) To the member's spouse, if lawfully wedded to the member at the time of the member's death, an annual spouse's benefit equal to 50% of the member's final average salary; or, for deaths occurring on or after July 1, 2016, the greater of: (i) 50% of the member's final average salary; or (ii) the amount that would have been paid had the member elected the option provided for in K.S.A. 74-4964(5)(B), and amendments thereto, and retired as of the first day of the month coinciding with or following the date of death. Such spouse's benefit shall accrue from the first day of the month coinciding with or following the member's death and shall end on the first day of the month in which the spouse's death occurs. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act.
(b) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, to the member's children under the age of 18 years or under the age of 23 years, if such children are full-time students as provided in K.S.A. 74-49,117, and amendments thereto, an annual children's benefit equal to 10% of the member's final average salary for each such child, which shall accrue from the first day of the month coinciding with or following the member's death and shall end on the last day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, except that if there is no eligible spouse, or if upon the death of the spouse there remain one or more children under the age of 18 years or under the age of 23 years, if such children are full-time students as provided in K.S.A. 74-49,117, and amendments thereto, the annual spouse's benefit shall be paid in equal shares to such children and each child's share shall end on the last day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act.
(c) In no case shall benefits payable under the provisions of subsection (1)(a) and (b) exceed 90% of the member's final average salary.
(2) Pursuant to the provisions of K.S.A. 74-49,128, and amendments thereto, upon the death from causes not service-connected of an active contributing member prior to retirement, the member's spouse, if lawfully wedded to the member at the time of the member's death, shall receive immediately a lump-sum benefit equal to 100% of the member's final average salary and shall be entitled to receive an annual death benefit equal to the member's retirement benefit calculated as if the member had retired on the member's normal retirement date, but based upon the member's final average salary and years of credited service on the date of death but not to exceed an amount equal to 50% of the member's final average salary. An application for such benefits in such form and manner as prescribed by the board must be filed in the office of the executive director of the board within two years of the date of death, but the board may waive such time limit for a reasonable period if in the judgment of the board the failure to meet this limit was due to the lack of knowledge or incapacity. On and after July 1, 1993, the annual spouse's benefit under this subsection (2) shall accrue from the first day of the month coinciding with or following the member's death and shall continue until the spouse's death. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act. If there is no eligible spouse or if after the death of the spouse there remain one or more children of the member under the age of 18 years or one or more children of the member under the age of 23 years, if such children are full-time students as provided in K.S.A. 74-49,117, and amendments thereto, the spouse's benefit shall be payable, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, in equal shares to such children and each child's share shall end on the last day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act.
(3) Upon the death of a member prior to retirement, if no benefits are payable under the provisions of subsection (1) or (2), the sum of the following shall be paid to the member's beneficiary: (a) The member's accumulated contributions; and (b) a lump sum death benefit equal to 100% of the member's current annual salary reduced by the sum of the member's accumulated contributions paid as provided by this section.
(4) All payments due under this section to a minor shall be made to a legally appointed conservator of such minor as provided in K.S.A. 74-4902(7), and amendments thereto.
History: L. 1965, ch. 447, § 9; L. 1967, ch. 431, § 8; L. 1982, ch. 319, § 36; L. 1986, ch. 294, § 12; L. 1987, ch. 299, § 28; L. 1989, ch. 232, § 19; L. 1992, ch. 321, § 13; L. 1993, ch. 227, § 37; L. 1998, ch. 64, § 71; L. 2000, ch. 152, § 20; L. 2001, ch. 209, § 33; L. 2017, ch. 68, § 3; July 1.
(1) If any active contributing member becomes totally and permanently disabled due to service-connected causes as defined in subsection (10) of K.S.A. 74-4952, and amendments thereto, such member shall be retired and the following benefits shall become payable and shall continue until the member's death or until the member recovers from the disability if: A report of the event in a form acceptable to the board is filed in the office of the executive director of the board within 220 days after the date of the event or act of duty causing such disability; and an application for such benefit, in such form and manner as the board prescribes, is filed by the member or the member's authorized representative in the office of the executive director of the board within two years of the date of disability, except the board may waive such two-year requirement if the board is presented with evidence that clearly warrants such a waiver:
(a) On and after July 1, 1993, the member shall receive a retirement benefit equal to 50% of the member's final average salary or, if the member has no dependents, as defined in subsection (1)(b), the retirement benefit the member would have been entitled to as provided under K.S.A. 74-4958, and amendments thereto, had the member retired, whichever is greater. Such benefit shall accrue from the day upon which the member ceases to draw compensation.
(b) Except as otherwise provided by this subsection, each of the member's children under the age of 18 years or each of the member's children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, shall receive an annual benefit equal to 10% of the member's final average salary. Such benefit shall accrue from the day upon which the member ceases to draw compensation and shall end on the last day of the month in which each such child or children shall attain the age of 18 years or die, whichever occurs earlier or in which such children attain the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act. For a member who becomes totally and permanently disabled as provided in this section on and after July 1, 2001, only the member's children who were born, conceived or adopted prior to the commencement of the member's disability are entitled to the annual benefit as provided in this subsection.
(c) In no case shall the total of the benefits payable under paragraphs (a) and (b) of this subsection (1) be in excess of 75% of the member's final average salary. In no case shall a member who qualifies for a benefit payable under paragraph (b) of this subsection receive a total retirement benefit that would be less than the total benefit that the member would be entitled to if the member qualified for a benefit payable under subsection (a) of this subsection. Any deficiency caused by the fact that the member has a child or children shall be compensated by the percentage difference in the member's total retirement benefit.
(d) In the event a member who is retired under subsection (1) dies within two years after the date of such retirement and no benefits are payable under subsection (3) of K.S.A. 74-4958, and amendments thereto, then benefits may be payable under subsection (1) of K.S.A. 74-4959, and amendments thereto.
(e) In the event a member who is retired under subsection (1) dies more than two years after the date of such retirement, and the proximate cause of such death is the service-connected cause from which the disability resulted and no benefits are payable under subsection (3) of K.S.A. 74-4958, and amendments thereto, then benefits may be payable under subsection (1) of K.S.A. 74-4959, and amendments thereto. The provisions of this paragraph (e) of this subsection (1) shall apply in all cases of such members who die after June 30, 1978.
(f) In the event a member who is retired under subsection (1) dies after the date of such retirement, and no benefits are payable under paragraphs (d) and (e) of subsection (1), nor under subsection (3) of K.S.A. 74-4958, and amendments thereto, the following benefits shall be payable:
(i) To the member's spouse, if lawfully wedded to the member at the time of the member's death, a lump-sum benefit equal to 50% of the member's final average salary at the time of the member's retirement.
(ii) To the member's spouse, if lawfully wedded to the member at the time of the member's death, an annual benefit equal to 50% of the member's retirement benefit payable in monthly installments, to accrue from the first day of the month following the member's date of death and ending on the last day of the month in which the spouse dies. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, the annual spouse's benefit shall be payable, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, in equal shares to such children and each child's share shall end on the last day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act.
The provisions of paragraph (f) of subsection (1) shall apply in all cases of such members who die after December 1, 1984.
(2) (a) If any active contributing member, prior to such member's normal retirement, becomes totally and permanently disabled for a period of 180 days from causes not service-connected, and not as the result of a willfully negligent or intentional act of the member, such member shall be retired and the following benefit shall become payable and shall continue until the member's death or until the member recovers from such disability, whichever occurs first, if a report of the disability in a form acceptable to the board is filed in the office of the executive director of the board within 220 days after the date of the commencement of such disability and if an application for such benefit in such form and manner as the board shall prescribe is filed in the office of the executive director of the board within two years of the date of disability, except that the board may waive such two-year requirement, if the board is presented with evidence that clearly warrants such a waiver.
A retirement benefit equal to 2.5% of the member's final average salary multiplied by the number of years of credited service or the retirement benefit the member would have been entitled to as provided under K.S.A. 74-4958, and amendments thereto, had the member retired, whichever is greater, multiplied by the number of years of credited service except that such retirement benefit shall be at least equal to 25% of the member's final average salary but shall not exceed the amount of the retirement benefit provided in paragraph (a) of subsection (1). Such benefit shall not become payable until satisfactory evidence shall be presented to the board that the member is and has been totally and permanently disabled for a period of 180 days, but benefits shall accrue from the day upon which the member ceases to draw compensation.
(b) In the event a member who is retired under subsection (2) dies after the date of such retirement, the following benefits shall be payable:
(i) Pursuant to the provisions of K.S.A. 74-49,128, and amendments thereto, to the member's spouse, if lawfully wedded to the member at the time of the member's death and if no benefits are payable under subsection (3) of K.S.A. 74-4958, and amendments thereto, a lump-sum benefit equal to 50% of the member's final average salary at the time of the member's retirement.
(ii) To the member's spouse, if lawfully wedded to the member at the time of the member's death, an annual benefit equal to 50% of the member's retirement benefit payable in monthly installments, to accrue from the first day of the month following the member's date of death and ending on the last day of the month in which the spouse dies. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who are full-time students as provided in K.S.A. 74-49,117, and amendments thereto, the spouse's benefit shall be payable, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, in equal shares to such children and each child's share shall end on the last day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act.
The provisions of paragraph (b) of subsection (2) shall apply in all cases of such members who die after July 1, 1989.
(3) Any member who was employed for compensation by an employer other than the member's participating employer and whose disability was incurred in the course of such other employment shall not be eligible for any of the benefits provided in subsection (2).
(4) If a member becomes totally and permanently disabled and no benefits are payable under subsection (1) or (2), the sum of the member's accumulated contributions shall be paid to the member.
(5) Any member receiving benefits under this section shall submit to medical examination, not more frequent than annually, by one or more physicians or any other practitioners of the healing arts holding a valid license issued by Kansas state board of healing arts, as the board of trustees may direct. If upon such medical examination, the examiner's report to the board states that the retirant is physically able and capable of resuming employment with the same or a different participating employer, the disability benefits shall terminate. A retirant who has been receiving benefits under the provisions of this section and who returns to employment, as defined in subsection (4) of K.S.A. 74-4952, and amendments thereto, of a participating employer shall immediately commence accruing service credit which shall be added to that which has been accrued by virtue of previous service.
(6) Any retirant who has been receiving benefits under the provisions of this section for a period of five years shall be deemed finally retired and shall not be subject to further medical examinations, except that if the board of trustees shall have reasonable grounds to question whether the retirant remains totally and permanently disabled, a further medical examination or examinations may be required.
(7) Refusal or neglect to submit to examination as provided in subsection (5) shall be sufficient cause for suspending or discontinuing benefit payments under this section and if such refusal or neglect shall continue for a period of one year, the member's rights in and to all benefits under this system may be revoked by the board.
(8) Any retirement benefits payable under the provisions of this section shall be in lieu of normal retirement benefits as provided in subsections (1) and (2) of K.S.A. 74-4958, and amendments thereto.
(9) Each member shall report to such member's participating employer any event or act of duty causing disability within 200 days after such event or act of duty. The member's participating employer shall file in the office of the executive director of the board, in a form acceptable to the board, a report of the event or act of duty causing disability within 220 days after the event or act of duty.
(10) In any case of any event occurring prior to July 1, 1979, and after June 30, 1998, for which a report of the event was made by the participating employer to the director of workers compensation in accordance with K.S.A. 44-557, and amendments thereto, such report to the director of workers compensation shall satisfy the requirement under subsection (1) of this section to file a report of such event, in a form acceptable to the board within 220 days. No such report to the director of workers' compensation shall be deemed to satisfy such requirement with respect to events occurring on or after July 1, 1979, and prior to July 1, 1998.
(11) All payments due under this section to a minor shall be made to a legally appointed conservator of such minor.
(12) The provisions of this section shall apply only to members who were appointed or employed prior to July 1, 1989, and who did not make an election pursuant to K.S.A. 74-4955a, and amendments thereto.
(13) Any retirant who has been receiving benefits under the provisions of this section and who returns to employment with the same or different participating employer in the system shall be deemed no longer retired.
(14) Upon the death of a member after retirement, if no benefits are payable under the provisions of this section, the excess, if any, of the retirant's accumulated contributions over the sum of all benefits paid shall be paid to the member's beneficiary.
History: L. 1965, ch. 447, § 10; L. 1966, ch. 11, § 1 (Special Session); L. 1967, ch. 431, § 9; L. 1979, ch. 252, § 1; L. 1982, ch. 319, § 37; L. 1985, ch. 254, § 20; L. 1987, ch. 299, § 29; L. 1989, ch. 232, § 20; L. 1992, ch. 321, § 14; L. 1993, ch. 227, § 38; L. 1998, ch. 64, § 72; L. 1998, ch. 201, § 38; L. 2000, ch. 152, § 21; L. 2001, ch. 209, § 34; L. 2007, ch. 191, § 5; May 24.
(1) If any active contributing member who is appointed or employed on or after July 1, 1989, or who makes an election pursuant to K.S.A. 74-4955a, and amendments thereto, to be covered by the provisions of this act becomes disabled as defined in subsection (2), such member shall receive a monthly benefit equal to 50% of the member's final average salary at the time such member was disabled payable in monthly installments, accruing from the first day upon which the member ceases to draw compensation, if a report of the disability in such form and manner as the board shall prescribe is filed in the office of the executive director of the board within 220 days after the date of the commencement of such disability and if an application for such benefit in such form and manner as the board shall prescribe is filed in the office of the executive director of the board within two years of the date of the commencement of such disability, except that the board may waive such two-year requirement, if the board is presented with evidence that clearly warrants such a waiver.
(2) For the purposes of this section, "disabled" means total inability to perform permanently the duties of the position of policeman or fireman.
(3) In the event a member who is disabled and entitled to such benefits as provided in subsection (1) dies after the date of such disability, the following benefits shall be payable:
(a) On and after January 1, 2017, pursuant to the provisions of K.S.A. 74-49,128, and amendments thereto, if the member's death is not service-connected as defined in K.S.A. 74-4952(10), and amendments thereto, to the member's spouse, if lawfully wedded to the member at the time of the member's death, and if no benefits are payable under K.S.A. 74-4958a(3), and amendments thereto, a lump-sum benefit equal to 50% of the member's final average salary at the time such member was disabled.
(b) To the member's spouse, if lawfully wedded to the member at the time of the member's death, an annual benefit equal to 50% of the member's benefit payable in monthly installments, to accrue from the first day of the month following the member's date of death and ending on the last day of the month in which the spouse dies. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, the spouse's benefit shall be payable, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, in equal shares to such children and each child's share shall end on the last day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto. Commencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act.
(c) On and after January 1, 2017, pursuant to the provisions of K.S.A. 74-49,128, and amendments thereto, if the member's death is service-connected as defined in K.S.A. 74-4952(10), and amendments thereto, to the member's spouse, if lawfully wedded to the member at the time of the member's death, and if no benefits are payable under K.S.A. 74-4958a(3), and amendments thereto, a spouse's benefit equal to 50% of the member's final average salary or, if the member has no dependents as outlined in subsection (3)(b), the retirement benefit the member would have been entitled to as provided under K.S.A. 74-4958a, and amendments thereto, had the member retired, whichever is greater. Such benefit shall accrue from the day upon which the member ceases to draw compensation.
(d) Except as otherwise provided by this subsection, each of the member's children under the age of 18 years or each of the member's children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, shall receive an annual benefit equal to 10% of the member's final average salary. Such benefit shall accrue from the day upon which the member ceases to draw compensation and shall end on the last day of the month in which each such child shall attain the age of 18 years or die, whichever occurs earlier or in which each such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto.
(e) In no case shall the total of the benefits payable under subsection (3)(c) and (d) be in excess of 75% of the member's final average salary.
(f) The provisions of the amendments made to subsection (3) by this act shall be named the Michael Wells memorial act.
(4) Any member who was employed for compensation by an employer other than the member's participating employer and whose disability was incurred in the course of such other employment shall not be eligible for any of the benefits provided in subsection (1) or (3).
(5) If a member becomes totally and permanently disabled and no benefits are payable under subsection (1), the sum of the member's accumulated contributions shall be paid to the member.
(6) Any member receiving benefits under this section shall submit to medical examination, not more frequent than annually, by one or more physicians or any other practitioners of the healing arts holding a valid license issued by the state board of healing arts to practice a branch of the healing arts, as the board of trustees may direct. If upon such medical examination, the examiner's report to the board states that the member is physically able and capable of resuming employment with the same or a different participating employer, the disability benefits shall terminate. A member who has been receiving benefits under the provisions of this section and who returns to employment, as defined in K.S.A. 74-4952(4), and amendments thereto, of a participating employer shall immediately commence accruing service credit which shall be added to that which has been accrued by virtue of previous service.
(7) Any member who has been receiving benefits under the provisions of this section for a period of five years shall be deemed permanent and shall not be subject to further medical examinations, except that if the board of trustees shall have reasonable grounds to question whether the member remains totally and permanently disabled, a further medical examination or examinations may be required.
(8) Refusal or neglect to submit to examination as provided in subsection (6) shall be sufficient cause for suspending or discontinuing benefit payments under this section and if such refusal or neglect shall continue for a period of one year, the member's rights in and to all benefits under this system may be revoked by the board.
(9) In the event that a member becomes disabled and is eligible for benefits provided in this section, such member shall be given participating service credit for the entire period of such disability.
(10) Any benefits provided pursuant to this section and any participating service credit given pursuant to subsection (9) shall terminate upon the earliest date such member is eligible for retirement upon attainment of the normal retirement date as provided in K.S.A. 74-4964a, and amendments thereto.
(11) Any member who has received benefits under the provisions of this section for a period of five years or more immediately preceding retirement shall have such member's final average salary adjusted upon retirement by the actuarial salary assumption rates in existence during such period. Effective July 1, 1993, each member's current annual rate shall be adjusted upon retirement by 5% for each year of disability after July 1, 1993, but before July 1, 1998. Effective July 1, 1998, such member's current annual rate shall be adjusted upon retirement by an amount equal to the lesser of: (a) The percentage increase in the consumer price index for all urban consumers as published by the bureau of labor statistics of the United States department of labor minus one percent; or (b) 4% per annum, measured from the member's last day on the payroll to the month that is two months prior to the month of retirement, for each year of disability after July 1, 1998.
(12) All payments due under this section to a minor shall be made to a legally appointed conservator of such minor.
(13) The provisions of this section shall be effective on and after July 1, 1989 and shall apply only to members who were appointed or employed prior to July 1, 1989, and who made an election pursuant to K.S.A. 74-4955a, and amendments thereto; and persons appointed or employed on or after July 1, 1989.
(14) Any member who has been receiving benefits under the provisions of this section and who returns to employment with the same or different participating employer in the system shall no longer be deemed disabled under the provisions of this section.
(15) Upon the death of a member who has been receiving benefits under the provisions of this section, if no further benefits are payable, the excess, if any, of the member's accumulated contributions over the sum of all benefits paid shall be paid to the member's beneficiary.
History: L. 1989, ch. 232, § 28; L. 1990, ch. 282, § 15; L. 1992, ch. 321, § 15; L. 1993, ch. 227, § 39; L. 1998, ch. 64, § 73; L. 1998, ch. 201, § 39; L. 1999, ch. 87, § 20; L. 2000, ch. 152, § 22; L. 2001, ch. 209, § 35; L. 2006, ch. 143, § 19; L. 2009, ch. 137, § 3; L. 2021, ch. 15, § 1; July 1.
History: L. 1965, ch. 447, § 11; L. 1967, ch. 431, § 10; Repealed, L. 1975, ch. 411, § 1; July 1.
(1) All benefits except lump-sum benefits as provided in this subsection shall be payable in equal monthly installments, except that the board may provide for payment of benefits to a member's family in a single payment rather than separate payments to the member, to the widow or to minor children.
(2) Whenever the amount of any benefit is to be determined on the basis of actuarial assumptions, the assumptions shall be specified by the board in a way that precludes employer discretion.
History: L. 1965, ch. 447, § 12; L. 1998, ch. 64, § 74; July 1.
(1) Upon termination of employment prior to the completion of 20 years of credited service, after 30 days after such termination a member may withdraw such member's accumulated contributions or elect to leave such accumulated contributions on deposit with the system. If the member elects to leave the accumulated contributions on deposit with the system and if the member returns to employment with the same or another participating employer within five years, such member shall receive credit for such member's service prior to such termination. If the member does not elect to leave the accumulated contributions on deposit or if the member does not return to covered employment within five years, such member shall no longer be a member of the system and the sum of such member's accumulated contributions then on deposit with this system shall be paid to such member after making application in a form prescribed by the board and after the system has a reasonable time to process the application for withdrawal. Upon proper notification by the system, member contributions not on deposit with the system shall be paid to the member by the participating employer.
(2) If, after termination and withdrawal of accumulated contributions, a former member returns to covered employment, except as otherwise provided in subsection (1), the former member shall become a member of the system as provided in subsection (2) of K.S.A. 74-4955, and amendments thereto. Any former member returning to covered employment may, at the former member's option, purchase service credit for such previously forfeited service credit, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4965, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of service. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, such member may elect to effect such purchase by means of a single lump-sum payment in lieu of the increased amount of the employee's contribution rate otherwise provided for in this act in an amount equal to the then present value of the benefits being purchased determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by the retirement system. The lump-sum payment shall be made immediately upon being notified of the amount due. Upon receipt of such payment by the system the member shall receive full credit for the number of previously forfeited quarters of participating service which the member has elected to repurchase. Any member who repurchases all of the member's previously forfeited participating service credit shall also receive all of the member's previously forfeited prior service credit.
(3) Upon termination and withdrawal of accumulated contributions, any member whose employment was, up to the member's employer's entry date, covered by a pension system established under the provisions of K.S.A. 13-14a01 through 13-14a14, and amendments thereto or K.S.A. 14-10a01 through 14-10a15, and amendments thereto, shall be entitled to receive from the member's employer the sum of the member's accumulated contributions to the previous pension system.
(4) If a member has completed 20 years of credited service at date of termination, the member shall be granted automatically a vested retirement benefit in the system, but any time prior to the commencement of retirement benefit payments and before attaining age 55 the member may withdraw the member's accumulated contributions, whereupon the member's membership in this system ceases and no other amounts shall be payable for the member's prior and participating service credit. Eligibility of such member, who has not withdrawn the member's accumulated contributions, for retirement benefits and procedures for making application for retirement benefits shall be in accordance with K.S.A. 74-4957, and amendments thereto, except that in lieu of the three-month notice of intention to retire being made to the employer, such member shall make application for retirement in a form prescribed by the board and retirement benefits shall accrue from the first day of the month following receipt of such application. The amount of the retirement benefit shall be determined as provided in K.S.A. 74-4958, and amendments thereto.
(5) If a member, who has a vested retirement benefit, again becomes an employee of a participating employer, the amount of the member's vested retirement benefit shall remain in effect, and any retirement benefit such member subsequently accrues shall be calculated separately based on credited service after again becoming an employee and shall be added to that which had been vested by virtue of previous service. Eligibility of such member for retirement benefits and procedures for making application for retirement benefits shall be in accordance with K.S.A. 74-4957, and amendments thereto.
(6) Any member of this system who was previously a member of the Kansas public employees retirement system or the retirement system for judges and who forfeited service credit under either of those systems by reason of termination of employment and withdrawal of their contributions to that system, may elect, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, to purchase service credit for the previously forfeited service credit by means of a single lump-sum payment and such service shall be recredited to that system. The amount of the lump-sum payment shall be determined by the actuary using the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, and the actuarial assumptions and tables then currently in use by that retirement system.
(7) The provisions of this section shall apply only to members who were appointed or employed prior to July 1, 1989, and who did not make an election pursuant to K.S.A. 74-4955a, and amendments thereto.
History: L. 1965, ch. 447, § 13; L. 1967, ch. 431, § 11; L. 1968, ch. 71, § 2; L. 1978, ch. 322, § 1; L. 1982, ch. 319, § 38; L. 1983, ch. 254, § 17; L. 1984, ch. 289, § 14; L. 1989, ch. 232, § 21; L. 1993, ch. 227, § 40; L. 1995, ch. 267, § 23; L. 1998, ch. 64, § 75; L. 1998, ch. 201, § 40; L. 2001, ch. 209, § 36; L. 2003, ch. 155, § 11; L. 2006, ch. 143, § 20; July 1.
(1) Upon termination of employment prior to the completion of 15 years of credited service, after 30 days after such termination a member may withdraw such member's accumulated contributions or elect to leave such accumulated contributions on deposit with the system. If the member elects to leave the accumulated contributions on deposit with the system and if the member returns to employment with the same or another participating employer within five years, such member shall receive credit for such member's service prior to such termination. If the member does not elect to leave the accumulated contributions on deposit or if the member does not return to covered employment within five years, such member shall no longer be a member of the system and the sum of such member's accumulated contributions then on deposit with this system shall be paid to such member after making application in a form prescribed by the board and after the system has a reasonable time to process the application for withdrawal. Upon proper notification by the system, member contributions not on deposit with the system shall be paid to the member by the participating employer.
(2) If, after termination and withdrawal of accumulated contributions, a former member returns to covered employment, except as otherwise provided in subsection (1), the former member shall become a member of the system as provided in subsection (2) of K.S.A. 74-4955, and amendments thereto. Any former member returning to covered employment may, at the former member's option, purchase service credit for such previously forfeited service credit, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4965, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of service. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, such member may elect to effect such purchase by means of a single lump-sum payment in lieu of the increased amount of the employee's contribution rate otherwise provided for in this act in an amount equal to the then present value of the benefits being purchased determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by the retirement system. The lump-sum payment shall be made immediately upon being notified of the amount due. Upon receipt of such payment by the system the member shall receive full credit for the number of previously forfeited quarters of participating service which the member has elected to repurchase. Any member who repurchases all of the member's previously forfeited participating service credit shall also receive all of the member's previously forfeited prior service credit.
(3) Upon termination and withdrawal of accumulated contributions, any member whose employment was, up to the member's employer's entry date, covered by a pension system established under the provisions of K.S.A. 13-14a01 through 13-14a14, and amendments thereto, or K.S.A. 14-10a01 through 14-10a15, and amendments thereto, shall be entitled to receive from the member's employer the sum of the member's accumulated contributions to the previous pension system.
(4) If a member has completed 15 years of credited service at date of termination, the member shall be granted automatically a vested retirement benefit in the system, but any time prior to the commencement of retirement benefit payments and before attaining age 55 the member may withdraw the member's accumulated contributions, whereupon the member's membership in this system ceases and no other amounts shall be payable for the member's prior and participating service credit. Eligibility of such member, who has not withdrawn the member's accumulated contributions, for retirement benefits and procedures for making application for retirement benefits shall be in accordance with K.S.A. 74-4957, and amendments thereto, except that in lieu of the three-month notice of intention to retire being made to the employer, such member shall make application for retirement in a form prescribed by the board and retirement benefits shall accrue from the first day of the month following receipt of such application. The amount of the retirement benefit shall be determined as provided in K.S.A. 74-4958, and amendments thereto.
(5) If a member, who has a vested retirement benefit, again becomes an employee of a participating employer, the amount of the member's vested retirement benefit shall remain in effect, and any retirement benefit such member subsequently accrues shall be calculated separately based on credited service after again becoming an employee and shall be added to that which had been vested by virtue of previous service. Eligibility of such member for retirement benefits and procedures for making application for retirement benefits shall be in accordance with K.S.A. 74-4957, and amendments thereto.
(6) Any member of this system who was previously a member of the Kansas public employees retirement system or the retirement system for judges and who forfeited service credit under either of those systems by reason of termination of employment and withdrawal of their contributions to that system, may elect, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, to purchase service credit for the previously forfeited service credit by means of a single lump-sum payment and such service shall be recredited to that system. The amount of the lump-sum payment shall be determined by the actuary using the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, and the actuarial assumptions and tables then currently in use by that retirement system.
(7) The provisions of this section shall be effective on and after July 1, 1989, and shall apply only to members who were appointed or employed prior to July 1, 1989, and who made an election pursuant to K.S.A. 74-4955a, and amendments thereto; and persons appointed or employed on or after July 1, 1989.
History: L. 1989, ch. 232, § 29; L. 1993, ch. 227, § 41; L. 1995, ch. 267, § 24; L. 1998, ch. 64, § 76; L. 1998, ch. 201, § 41; L. 2001, ch. 209, § 37; L. 2003, ch. 155, § 12; L. 2006, ch. 143, § 21; July 1.
(1) A member may elect to have such member's retirement benefit paid under one of the options provided in this section in lieu of having it paid in the form stated in subsections (1) and (2) of K.S.A. 74-4958, and amendments thereto. Such election must be made before the date of actual retirement. Only a specific individual person may be designated as a joint annuitant at the time of election of the joint and ½ to joint annuitant survivor option, the joint and survivor option and the joint and ¾ to joint annuitant survivor option. Except as specifically provided in this subsection, an option elected by a member as provided in this section shall not be changed or canceled nor shall the named joint annuitant be changed after the date of actual retirement of the member. If a retirant is divorced after the retirant's date of actual retirement, and the retirant has named the retirant's ex-spouse as a joint annuitant under subsection (5), the joint annuitant option may be canceled and the retirant's benefit returned to the maximum amount of such retirant's retirement benefit commencing the first month following the date such cancellation is ordered by the district court of the county where the divorce action was filed. The retirant shall not receive a refund or interest of any amounts already paid to fund the original joint annuitant benefit. The retirant may not name a subsequent joint annuitant once the original joint annuitant option has been canceled.
(2) The amount of a retirement benefit payable under an option shall be based on the age of the member and, if applicable, the age of the joint annuitant, and shall be such amount as to be the actuarial equivalent of the retirement benefit otherwise payable under subsections (1) or (2) of K.S.A. 74-4958, and amendments thereto, as prescribed under subsection (5). In no case shall the total amount of retirement benefit paid under any option provided in this section be more than 100% of the retirement benefit which would have been otherwise payable if no option had been elected under this section.
(3) If a member who was, up to the entry date of such member's employer, covered by a pension system under the provisions of K.S.A. 13-14a01 to 13-14a14, inclusive, or 14-10a01 to 14-10a15, inclusive, and amendments thereto, so elects one of the options under this section, payment of such option shall be in lieu of any payments provided in subsection (3) of K.S.A. 74-4958, and amendments thereto.
(4) Such election of an option shall become null and void upon the death of a member prior to such member's retirement, except that if a member, who is eligible to retire in accordance with the provisions of subsections (1) and (2) of K.S.A. 74-4958, and amendments thereto, dies without having actually retired the member's spouse, if the spouse is beneficiary for the member's accumulated contributions, and no benefits are payable under subsections (1) and (2) of K.S.A. 74-4959, and amendments thereto, may elect to receive benefits under one of the options provided in this section, in lieu of receiving the member's accumulated contributions.
(5) The following retirement options which are subject to the provisions of K.S.A. 74-49,123, and amendments thereto, are available:
(A)
Joint and ½ to joint annuitant survivor.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to the product of (A) the monthly payment of the retirement annuity otherwise payable under K.S.A. 74-4958, and amendments thereto, and (B) the percentage equal to 94.5% minus 0.2% for each year by which the age of the retirant's joint annuitant is less than the retirant's age, computed to the nearest whole year, or plus 0.2% for each year by which the age of the retirant's joint annuitant is more than the retirant's age, computed to the nearest whole year, with ½ of that monthly amount continued to the retirant's joint annuitant during such joint annuitant's remaining lifetime, if any, after the death of the retirant. In the event that the designated joint annuitant under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(B)
Joint and survivor.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to the product of (A) the monthly payment of the retirement annuity otherwise payable under K.S.A. 74-4958, and amendments thereto, and (B) the percentage equal to 88% minus 0.4% for each year by which the age of the retirant's joint annuitant is less than the retirant's age, computed to the nearest whole year, or plus 0.4% for each year by which the age of the retirant's joint annuitant is more than the retirant's age, computed to the nearest whole year, with that monthly amount continued to the joint annuitant during the joint annuitant's remaining lifetime, if any, after the death of retirant. In the event that the designated joint annuitant under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(C)
Joint and ¾ to joint annuitant survivor.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to the product of (A) the monthly payment of the retirement annuity otherwise payable under K.S.A. 74-4958, and amendments thereto, and (B) the percentage equal to 91% minus 0.3% for each year by which the age of the retirant's joint annuitant is less than the retirant's age, computed to the nearest whole year, or plus 0.3% for each year by which the age of the retirant's joint annuitant is more than the retirant's age, computed to the nearest whole year, with ¾ of that monthly amount continued to the retirant's joint annuitant during such joint annuitant's remaining lifetime, if any, after the death of the retirant. In the event that the designated joint annuitant under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(D)
Life with 5 years certain.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to 99% of the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4958, and amendments thereto, and if the retirant dies within the five-year certain period, measured from the commencement of retirement benefit payments, such payments will be continued to the retirant's beneficiary during the balance of the five-year certain period.
(E)
Life with 10 years certain.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to 98% of the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4958, and amendments thereto, and if the retirant dies within the ten-year certain period, measured from the commencement of retirement benefit payments, such payments will be continued to the retirant's beneficiary during the balance of the ten-year certain period.
(F)
Life with 15 years certain.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to 92% of the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4958, and amendments thereto, and if the retirant dies within the fifteen-year certain period, measured from the commencement of retirement benefit payments, such payments will be continued to the retirant's beneficiary during the balance of the fifteen-year certain period.
(G)
Lump sum payment at retirement.
(i) Pursuant to this option, the member must specify a lump sum amount to be paid to the member upon the member's retirement. The lump sum amount will be based on the actuarial present value of the benefit as provided in K.S.A. 74-4958, and amendments thereto. The lump sum amount designated by the member must be in 10% increments and shall not exceed ½ of the actuarial present value of the benefit provided in K.S.A. 74-4958, and amendments thereto. If the member's spouse elects a lump sum payment as provided in this section pursuant to the provisions of subsection (6), the lump sum payment will be based on the present value of the retirement option selected by the spouse. The lump sum amount designated by the spouse must be in 10% increments and shall not exceed ½ of the actuarial present value of the option selected in this section.
(ii) Pursuant to this option, the member must elect to have the remaining actuarial present value paid in a monthly amount under the provisions of K.S.A. 74-4958, and amendments thereto, or subsections (5)(A) through (5)(F) of this section.
(iii) In the event that the designated joint annuitant pursuant to subsection (5)(A), (5)(B) or (5)(C) under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(iv) The provisions of this subsection shall be effective on and after July 1, 2001.
(6) On and after July 1, 1996, if a member with 20 or more years of credited service dies before attaining retirement age, the member's spouse, if the spouse is the sole beneficiary for the member's accumulated contributions, may elect to receive benefits under one of the options provided in this section in lieu of receiving the member's accumulated contributions or in lieu of receiving benefits as provided in K.S.A. 74-4959, and amendments thereto. Payments under one of the options provided in this section to the member's spouse if so elected, shall commence on the date that the member would have attained retirement age.
(7) Benefits payable to a joint annuitant shall accrue from the first day of the month following the death of a member or retirant and, in the case of the joint and ½ to joint annuitant survivor option, the joint and survivor option and the joint and ¾ to joint annuitant survivor option, shall end on the last day of the month in which the joint annuitant dies.
(8) The provisions of the law in effect on the retirement date of a member under the system shall govern the retirement benefit payable to the retirant and any joint annuitant, except, for retirement benefits payable after July 1, 1993, for retirants who retired prior to July 1, 1982, in the event that the designated joint annuitant under the option provided in subsection (5)(A), (B) or (C), as applicable, predeceased the retirant, the amount of the retirement benefit otherwise payable to the retirant under the option provided in subsection (5)(A), (B) or (C), as applicable, shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(9) Upon the death of a joint annuitant who is receiving a retirement benefit under the provisions of this section, there shall be paid to such joint annuitant's beneficiary an amount equal to the excess, if any, of the accumulated contributions of the retirant over the sum of all retirement benefit payments made to such retirant and such joint annuitant. Such joint annuitant shall designate a beneficiary by filing in the office of the retirement system such designation at the time of death of the retirant. If there is no named beneficiary of such joint annuitant living at the time of death of such joint annuitant, any amount provided for by this section shall be paid to, in order of preference as follows:
(A) The joint annuitant's surviving spouse;
(B) the joint annuitant's dependent child or children;
(C) the joint annuitant's dependent parent or parents;
(D) the joint annuitant's nondependent child or children;
(E) the joint annuitant's nondependent parent or parents; or
(F) the estate of the deceased joint annuitant.
(10) The provisions of this section shall apply only to members who were appointed or employed prior to July 1, 1989, and who did not make an election pursuant to K.S.A. 74-4955a, and amendments thereto.
History: L. 1965, ch. 447, § 14; L. 1967, ch. 431, § 12; L. 1980, ch. 238, § 6; L. 1982, ch. 319, § 39; L. 1985, ch. 254, § 3; L. 1987, ch. 299, § 30; L. 1988, ch. 302, § 16; L. 1989, ch. 232, § 22; L. 1993, ch. 227, § 42; L. 1996, ch. 266, § 15; L. 1998, ch. 64, § 77; L. 2000, ch. 152, § 23; L. 2001, ch. 209, § 38; L. 2003, ch. 155, § 13; L. 2013, ch. 132, § 2; June 13.
(1) A member may elect to have such member's retirement benefit paid under one of the options provided in this section in lieu of having it paid in the form stated in subsections (1) and (2) of K.S.A. 74-4958, and amendments thereto. Such election must be made before the date of actual retirement. Only a specific individual person may be designated as a joint annuitant at the time of election of the joint and ½ to joint annuitant survivor option, the joint and survivor option and the joint and ¾ to joint annuitant survivor option. Under no circumstances may an option be changed or canceled nor the named joint annuitant changed after the date of actual retirement of the member.
(2) The amount of a retirement benefit payable under an option shall be based on the age of the member and, if applicable, the age of the joint annuitant, and shall be such amount as to be the actuarial equivalent of the retirement benefit otherwise payable under subsections (1) or (2) of K.S.A. 74-4958, and amendments thereto, as prescribed under subsection (5). In no case shall the total amount of retirement benefit paid under any option provided in this section be more than 100% of the retirement benefit which would have been otherwise payable if no option had been elected under this section.
(3) If a member who was, up to the entry date of such member's employer, covered by a pension system under the provisions of K.S.A. 13-14a01 through 13-14a14, inclusive or 14-10a01 through 14-10a15, inclusive, and amendments thereto, so elects one of the options under this section, payment of such option shall be in lieu of any payments provided in subsection (3) of K.S.A. 74-4958, and amendments thereto.
(4) Such election of an option shall become null and void upon the death of a member prior to such member's retirement, except that if a member, who is eligible to retire in accordance with the provisions of subsections (1) and (2) of K.S.A. 74-4958, and amendments thereto, dies without having actually retired the member's spouse, if the spouse is beneficiary for the member's accumulated contributions, and no benefits are payable under subsections (1) and (2) of K.S.A. 74-4959, and amendments thereto, may elect to receive benefits under one of the options provided in this section, in lieu of receiving the member's accumulated contributions.
(5) The following retirement options which are subject to the provisions of K.S.A. 74-49,123, and amendments thereto, are available:
(A)
Joint and ½ to joint annuitant survivor.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to the product of (A) the monthly payment of the retirement annuity otherwise payable under K.S.A. 74-4958, and amendments thereto and (B) the percentage equal to 94.5% minus .2% for each year by which the age of the retirant's joint annuitant is less than the retirant's age, computed to the nearest whole year, or plus .2% for each year by which the age of the retirant's joint annuitant is more than the retirant's age, computed to the nearest whole year, with ½ of that monthly amount continued to the retirant's joint annuitant during such joint annuitant's remaining lifetime, if any, after the death of the retirant. In the event that the designated joint annuitant under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(B)
Joint and survivor.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to the product of (A) the monthly payment of the retirement annuity otherwise payable under K.S.A. 74-4958, and amendments thereto and (B) the percentage equal to 88% minus .4% for each year by which the age of the retirant's joint annuitant is less than the retirant's age, computed to the nearest whole year, or plus .4% for each year by which the age of the retirant's joint annuitant is more than the retirant's age, computed to the nearest whole year, with that monthly amount continued to the joint annuitant during the joint annuitant's remaining lifetime, if any, after the death of retirant. In the event that the designated joint annuitant under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(C)
Joint and ¾ to joint annuitant survivor.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to the product of (A) the monthly payment of the retirement annuity otherwise payable under K.S.A. 74-4958, and amendments thereto and (B) the percentage equal to 91% minus .3% for each year by which the age of the retirant's joint annuitant is less than the retirant's age, computed to the nearest whole year, or plus .3% for each year by which the age of the retirant's joint annuitant is more than the retirant's age, computed to the nearest whole year, with ¾ of that monthly amount continued to the retirant's joint annuitant during such joint annuitant's remaining lifetime, if any, after the death of the retirant. In the event that the designated joint annuitant under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(D)
Life with 5 years certain.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to 99% of the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4958, and amendments thereto, and if the retirant dies within the five-year certain period, measured from the commencement of retirement benefit payments, such payments will be continued to the retirant's beneficiary during the balance of the five-year certain period.
(E)
Life with 10 years certain.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to 98% of the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4958, and amendments thereto, and if the retirant dies within the ten-year certain period, measured from the commencement of retirement benefit payments, such payments will be continued to the retirant's beneficiary during the balance of the ten-year certain period.
(F)
Life with 15 years certain.
A reduced retirement benefit is payable to the retirant during the retirant's lifetime in a monthly amount equal to 92% of the monthly payment of the retirement benefit otherwise payable under K.S.A. 74-4958, and amendments thereto, and if the retirant dies within the fifteen-year certain period, measured from the commencement of retirement benefit payments, such payments will be continued to the retirant's beneficiary during the balance of the fifteen-year certain period.
(G)
Lump sum payment at retirement.
(i) Pursuant to this option, the member must specify a lump sum amount to be paid to the member upon the member's retirement. The lump sum amount will be based on the actuarial present value of the benefit as provided in K.S.A. 74-4958a, and amendments thereto. The lump sum amount designated by the member must be in 10% increments and shall not exceed ½ of the actuarial present value of the benefit provided in K.S.A. 74-4958a, and amendments thereto. If the member's spouse elects a lump sum payment as provided in this section pursuant to the provisions of subsection (6), the lump sum payment will be based on the present value of the retirement option selected by the spouse. The lump sum amount designated by the spouse must be in 10% increments and shall not exceed ½ of the actuarial present value of the option selected in this section.
(ii) Pursuant to this option, the member must elect to have the remaining actuarial present value paid in a monthly amount under the provisions of K.S.A. 74-4958a, and amendments thereto, or subsections (5)(A) through (5)(F) of this section.
(iii) In the event that the designated joint annuitant pursuant to subsection (5)(A), (5)(B) or (5)(C) under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under this option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(iv) The provisions of this subsection shall be effective on and after July 1, 2001.
(6) On and after July 1, 1996, if a member with 20 or more years of credited service dies before attaining retirement age, the member's spouse, if the spouse is the sole beneficiary for the member's accumulated contributions, may elect to receive benefits under one of the options provided in this section in lieu of receiving the member's accumulated contributions or in lieu of receiving benefits as provided in K.S.A. 74-4959, and amendments thereto. Payments under one of the options provided in this section to the member's spouse if so elected, shall commence on the date that the member would have attained retirement age.
(7) Benefits payable to a joint annuitant shall accrue from the first day of the month following the death of a member or retirant and, in the case of the joint and ½ to joint annuitant survivor option, the joint and survivor option and the joint and ¾ to joint annuitant survivor option, shall end on the last day of the month in which the joint annuitant dies.
(8) The provisions of the law in effect on the retirement date of a member under the system shall govern the retirement benefit payable to the retirant and any joint annuitant, except, for retirement benefits payable after July 1, 1993, for retirants who retired prior to July 1, 1982, in the event that the designated joint annuitant under the option provided in subsection (5)(A), (B) or (C), as applicable, predeceased the retirant, the amount of the retirement benefit otherwise payable to the retirant under the option provided in subsection (5)(A), (B) or (C), as applicable, shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(9) Upon the death of a joint annuitant who is receiving a retirement benefit under the provisions of this section, there shall be paid to such joint annuitant's beneficiary an amount equal to the excess, if any, of the accumulated contributions of the retirant over the sum of all retirement benefit payments made to such retirant and such joint annuitant. Such joint annuitant shall designate a beneficiary by filing in the office of the retirement system such designation at the time of death of the retirant. If there is no named beneficiary of such joint annuitant living at the time of death of such joint annuitant, any amount provided for by this section shall be paid to, in order of preference as follows:
(A) The joint annuitant's surviving spouse;
(B) the joint annuitant's dependent child or children;
(C) the joint annuitant's dependent parent or parents;
(D) the joint annuitant's nondependent child or children;
(E) the joint annuitant's nondependent parent or parents; or
(F) the estate of the deceased joint annuitant.
(10) The provisions of this section shall be effective on and after July 1, 1989, and shall apply only to members who were appointed or employed prior to July 1, 1989, and who made an election pursuant to K.S.A. 74-4955a, and amendments thereto; and persons appointed or employed on or after July 1, 1989.
History: L. 1989, ch. 232, § 30; L. 1993, ch. 227, § 43; L. 1996, ch. 266, § 16; L. 1998, ch. 64, § 78; L. 2000, ch. 152, § 24; L. 2001, ch. 209, § 39; L. 2003, ch. 155, § 14; May 29.
(1) Commencing with the first payroll period beginning on or after July 1, 2013, each participating employer shall deduct from the compensation of each member 7.15% of such member's compensation as employee contributions, except that in the case of a member whose employment is covered by social security and the member is a member of the class certified in the case of Brazelton v. Kansas public employees retirement system, 227 K. 443, 607 P.2d 510 (1980), the deduction from such member's compensation shall be reduced by the amount of such member's contributions to social security. For participating employers who join the system on or after July 1, 2013, such deduction shall commence beginning with the first payroll period for services performed after the entry date.
(2) For any member other than a member who is a member of the class certified in the case of Brazelton v. Kansas public employees retirement system, 227 K. 443, 607 P.2d 510 (1980), no employee contributions shall be reduced because of contributions to social security.
(3) All such deductions shall be remitted quarterly, or as the board may otherwise provide, to the executive director for credit to the Kansas public employees retirement fund and shall be credited to the members' individual accounts. Interest on each member's accumulated contributions at the rate determined under subsection (a) of K.S.A. 74-4922, and amendments thereto, shall be added annually to the member's individual account.
(4) For each member that is having 2% of such member's compensation deducted as employee contributions on July 1, 2013, for all payroll periods commencing on or after July 1, 2013, the participating employer shall deduct from the compensation of each such member 7.15% of such member's compensation as employee contributions. Such member may repay in a lump sum prior to or on such member's date of retirement, an amount equal to the difference between contributions actually made by the member and contributions which would have been made had such member always been contributing at the employee contribution rate prescribed by subsection (1) for all such service earned during the period of time the member made contributions at the 2% employee contribution rate, with interest. Such repayment, if made at retirement, may be deducted from the proceeds of the partial lump sum retirement options as prescribed in subsection (5)(G) of K.S.A. 74-4964, and amendments thereto, in the event the member elects such option. Such member shall pay the actual amount plus interest at a rate specified by the board. Any member who makes such a payment shall be entitled to service credit for purposes of calculation of retirement benefits pursuant to the provisions of K.S.A. 74-4958 and 74-4958a, and amendments thereto, for all years of service wherein such member contributed at the employee contribution rate prescribed by subsection (1), including all years of service such member previously paid at the 2% employee contribution rate but prior to or on such member's date of retirement repaid the difference pursuant to this subsection.
(5) (a) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, each participating employer, pursuant to the provisions of section 414(h)(2) of the federal internal revenue code, shall pick up and pay the contributions which would otherwise be payable by members as prescribed in subsection (1). The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the member's compensation.
(b) Member contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from each member's compensation equal to the amount of the member's contributions picked up by the employer, provided that such deduction shall not reduce the member's compensation for purposes of computing benefits under the system.
(c) Member contributions picked up by the employer shall be remitted quarterly, or as the board may otherwise provide, to the executive director for credit to the Kansas public employees retirement fund. Such contributions shall be credited to a separate account within the member's individual account so that amounts contributed by the member may be distinguished from the member contributions picked up by the employer. Interest shall be added annually to members' individual accounts.
History: L. 1965, ch. 447, § 15; L. 1974, ch. 343, § 1; L. 1979, ch. 251, § 1; L. 1982, ch. 319, § 40; L. 1984, ch. 289, § 15; L. 1990, ch. 282, § 16; L. 1993, ch. 289, § 6; L. 1994, ch. 293, § 22; L. 1998, ch. 64, § 79; L. 2001, ch. 209, § 40; L. 2013, ch. 132, § 5; June 13.
(1) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, any member of the Kansas police and firemen's retirement system may purchase participating credit for periods of active service in the armed forces of the United States or in the United States public health service and for periods of service required to fulfill the requirements of section 651 of title 10, United States code, which does not exceed six years. Except as otherwise required by the provisions of USERRA, such member shall be entitled to purchase one quarter of participating service credit for each year of service required to fulfill the requirements of section 651 of title 10, United States code. Such purchase shall be effected by the member submitting proof of such service acceptable to the board and electing in writing to have employee contributions as provided in K.S.A. 74-4965, and amendments thereto, deducted from such member's compensation at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4965, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of service. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all of the full quarters of such service have been purchased.
(2) Any member of the retirement system who has not retired may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, participating service credit for military service as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section. The lump-sum payment shall be an amount determined by the actuary using the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, the actuarial assumptions and tables currently in use by the retirement system and the member's attained age.
(3) Except as otherwise required by the provisions of USERRA, any participating service credit purchased by a member as provided by this section shall not be counted toward or be used in determining whether such member meets the years of credited service requirement provided for in K.S.A. 74-4957 or 74-4957a, and amendments thereto.
(4) The provisions of this section shall take effect on and after July 1, 1994.
History: L. 1994, ch. 293, § 33; L. 1995, ch. 267, § 25; L. 1998, ch. 64, § 80; L. 2006, ch. 143, § 22; July 1.
Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, on and after July 1, 2022, any member of the Kansas police and firemen's retirement system who was previously employed in in-state nonfederal governmental employment and whose service otherwise meets the requirements of an employee as prescribed in K.S.A. 74-4952(4), and amendments thereto, and meets the requirements of K.S.A. 74-4902(10), and amendments thereto, may elect to purchase service for such nonfederal governmental employment. Such purchase shall be effected by the member submitting proof of such service that is acceptable to the board and electing in writing to have employee contributions as provided in K.S.A. 74-4965, and amendments thereto, deducted from such member's compensation at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4965, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of service. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all of the full quarters of such service have been purchased. Such member may effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section. The lump-sum payment shall be an amount determined by the actuary using the member's annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, the actuarial assumptions and tables currently in use by the retirement system and the member's attained age.
History: L. 2022, ch. 28, § 1; July 1.
(a) In the case of any member whose employment shall be covered by social security and who is a member of the class certified in the case of Brazelton v. Kansas public employees retirement system, 227 K. 443, 607 P.2d 510 (1980), any benefits payable under the provisions of K.S.A. 74-4958, 74-4959 and 74-4960, and amendments thereto, shall be reduced by an amount equal to ½ of the original social security benefits accruing from employment with the participating employer at the time the member retired. The actuarial calculation of such benefit and the social security reduction shall include an assumption that the member first commences receiving such member's benefit payments pursuant to social security at the age such member is first eligible for unreduced social security benefits or such member's actual retirement age, whichever occurs later. For any member already retired on the effective date of this act, no reduction of the original social security benefits shall be applicable to benefits paid prior to the effective date of this act. The member must make an initial application for social security benefits from employment with the participating employer and, if denied such benefits, the member must pursue and exhaust all administrative remedies of the social security administration which include, but are not limited to, reconsideration and hearings. Until such initial application for benefits has been approved by the social security administration, social security benefits may be estimated and may be deducted from the amount of any benefits payable as provided in this subsection.
(b) For any member other than a member who is a member of the class certified in the case of Brazelton v. Kansas public employees retirement system, 227 K. 443, 607 P.2d 510 (1980), no benefits shall be reduced because of social security benefits. Any benefits which first become payable on or after January 1, 1976, by reason of employment with a participating employer participating in the Kansas police and firemen's retirement system, which employment was also covered by social security, shall be reduced by an amount equal to the value of the difference between contributions actually made by the member and contributions which would have been made had there been no reduction for contributions to social security. The amount of reduction shall be made by the board upon the advice of the actuary at the time benefits become payable and shall continue until benefits are no longer payable. Should a member, whose employment prior to January 1, 1976, with a participating employer participating in the Kansas police and firemen's retirement system, such employment also being covered by social security, repay in a lump-sum prior to January 1, 1977, or on date of retirement, whichever is earlier, an amount equal to the difference between contributions actually made by the member and contributions which would have been made had there been no reduction for contributions to social security, there shall be no reduction as heretofore provided. If the payment is made after January 1, 1977, but prior to retirement, the member will pay the actual amount plus interest which shall accrue from January 1, 1976, at a rate specified by the board of trustees.
History: L. 1965, ch. 447, § 16; L. 1974, ch. 343, § 2; L. 1975, ch. 412, § 1; L. 1993, ch. 227, § 45; L. 1998, ch. 201, § 42; L. 2002, ch. 116, § 8; May 23.
(1) Upon the basis of an annual actuarial valuation and appraisal of the system conducted in the manner provided for in K.S.A. 74-4908, and amendments thereto, the board shall certify, on or before July 15 of each year to each participating employer an actuarially determined estimate of the rate of contribution which shall be required to be paid by each such participating employer to pay all of the liabilities which shall accrue under the system from and after the entry date as determined by the board, upon recommendation of the actuary. Such rate shall be uniform for all participating employers, and shall be comprised of a rate for benefits accruing after June 30, 1993, and a rate for amortization of the additional liability for benefits provided by this act which is attributable to service rendered before July 1, 1993. Such additional liability shall be amortized as determined by the board. The employer's rate of contribution determined under this section shall not include the costs of administration of the system.
(2) The board shall determine for each employer separately an amount sufficient to amortize all liabilities for past service costs which shall have accrued at the time of entry into the system. On the basis of such determination the board shall annually certify to each participating employer separately an actuarially determined estimate of the rate of contribution which shall be required to be paid by that participating employer to pay all of the liabilities for such past service costs. Such rate shall be termed the employer's prior service contribution. The board may enter into agreements with any participating employer which has employees or retirants under the special pension systems established under K.S.A. 13-14a01 to 13-14a14, inclusive, and amendments thereto or K.S.A. 14-10a01 to 14-10a15, inclusive, and amendments thereto, for the purpose of scheduling the payment of such past service costs in an orderly manner which will tend to stabilize the annual total financial burden on such employers in meeting their present and future obligations under this system and such special systems, but in no event shall the annual prior service contribution be less than the interest cost on the total of such past service liability.
(3) Each participating employer shall appropriate and pay to the system a sum sufficient to satisfy the obligations under this act as certified by the board.
(4) Each participating employer is hereby authorized to pay the employer's contribution from the same fund that the compensation for which such contribution is made is paid from or from any other funds available to it for such purpose. Each employer may levy annually at the time of its levy of taxes, a tax which may be in addition to all other taxes authorized by law for the purpose of making its contributions under this act, and, in the case of cities and counties, to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located in such county which tax, together with any other fund available, shall be sufficient to enable it to make such contribution. In lieu of levying the tax authorized in this subsection, any taxing subdivision may pay such costs from any employee benefits contribution fund established pursuant to K.S.A. 12-16,102, and amendments thereto.
(5) Employer contributions shall in no way be limited by any other act which now or in the future establishes or limits the compensation of any member.
(6) The rate of contribution certified to each participating employer as provided in this section shall apply during the fiscal year of such participating employer which begins in the second calendar year following the year of the actuarial valuation, but the rate of contribution during the first year following the employer's entry date shall be equal to 16% of the amount of compensation on which members contribute during the year.
(7) Each participating employer shall remit quarterly, or as the board may otherwise provide, all employee deductions and required employer contributions to the executive director for credit to the Kansas public employees retirement fund within 20 days after the end of the period covered by the remittance or within 25 days after forms or written instructions from the system were mailed by the system to such employer, whichever is later. Remittances of such deductions and contributions received after such date are delinquent. Delinquent payments due under this subsection (7) shall be subject to interest at the rate established for interest on judgments under subsection (a) of K.S.A. 16-204, and amendments thereto. At the request of the board, delinquent payments which are due or interest owed on such payments, or both, may be deducted from any other moneys payable to such employer by any department or agency of the state.
(8) Except as otherwise provided by law, the actuarial cost of any legislation enacted by the Kansas legislature, except the actuarial cost of K.S.A. 74-49,114a, shall be reflected in the employer contribution rate in the fiscal year immediately following such enactment.
History: L. 1965, ch. 447, § 17; L. 1966, ch. 11, § 2 (Special Session); L. 1978, ch. 67, § 10; L. 1979, ch. 52, § 193; L. 1981, ch. 314, § 2; L. 1982, ch. 319, § 41; L. 1987, ch. 299, § 31; L. 1990, ch. 66, § 49; L. 1991, ch. 237, § 3; L. 1992, ch. 321, § 31; L. 1993, ch. 227, § 46; L. 2000, ch. 112, § 7; L. 2001, ch. 209, § 41; L. 2004, ch. 182, § 7; June 3.
History: L. 1965, ch. 447, § 17; L. 1966, ch. 11, § 2 (Special Session); L. 1978, ch. 67, § 10; L. 1979, ch. 52, § 193; L. 1981, ch. 314, § 2; L. 1982, ch. 319, § 41; L. 1987, ch. 299, § 31; L. 1990, ch. 282, § 17; Repealed, L. 1991, ch. 237, § 22; July 1.
(1) All employee and employer contributions shall be deposited in the Kansas public employees retirement fund created by K.S.A. 74-4921 and shall be accounted for and invested as a part of that fund.
(2) Portions of such contributions shall be credited to the reserve funds provided for by K.S.A. 74-4922 and amendments thereto or to such comparable funds as the board may establish and payments shall be made from such reserves in the same manner as provided in that section.
History: L. 1965, ch. 447, § 18; L. 1982, ch. 319, § 42; July 1.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1965, ch. 447, § 19; June 30.
In the event that an application in such form as may be prescribed by the board for any amount due under the provisions of this act, is not filed with the office of the retirement system by the person entitled to same within five (5) years of the date that such amount became due and payable, an amount equal to same shall be transferred to the employer contribution reserve and such amount shall no longer be due and payable; however, if any such person shall present evidence satisfactory to the board that his failure to file such application within said time period was due to lack of knowledge or incapacity on his part, the amount equal to the amount originally due shall be transferred from the employer contribution reserve to the reserve or reserves from which such transfer was initially made and the amount originally due shall be paid to such person.
History: L. 1967, ch. 431, § 13; July 1.
On the effective date of this act, the Kansas highway patrol shall be an eligible employer as defined in K.S.A. 74-4952, and on July 1, 1968, the Kansas highway patrol shall become a participating employer as defined by reference in subsection (13) of K.S.A. 74-4952, said reference being to subsection (24) of K.S.A. 74-4902. The entry date into the Kansas police and firemen's retirement system of the Kansas highway patrol shall be July 1, 1968.
History: L. 1968, ch. 36, § 1; March 7.
"Patrolman" or "patrolmen" means all troopers, examiners and officers of the Kansas highway patrol, but shall not include the superintendent or administrative employees of the Kansas highway patrol, except that such terms shall include the superintendent of the Kansas highway patrol if the superintendent was a member of the Kansas police and firemen's retirement system at the time of appointment to the office of superintendent. Wherever the word "policeman" is used in K.S.A. 74-4951 et seq., it shall be construed to include the word patrolman as defined herein.
History: L. 1968, ch. 36, § 2; L. 1979, ch. 253, § 1; March 23.
History: L. 1968, ch. 36, § 3; L. 1974, ch. 390, § 19; L. 1974, ch. 344, § 2; L. 1979, ch. 250, § 3; Repealed, L. 1998, ch. 64, § 95; July 1.
History: L. 1968, ch. 36, § 4; Repealed, L. 1972, ch. 292, § 10; April 1.
(a) Patrolmen who become members of the Kansas police and firemen's retirement system shall be subject to all of the provisions of K.S.A. 74-4951 to 74-4970, inclusive, and amendments thereto, except as is otherwise provided in this act.
(b) Prior to January 1, 1994, each patrolman, other than the superintendent of the Kansas highway patrol, who is a member of the Kansas police and firemen's retirement system and who has reached the age of 60 years must file application for retirement with the board and if such patrolman refuses or neglects to do so, the board shall consider the application as having been filed on the 60th birthday of that patrolman. Any patrolman so retired shall receive a retirement benefit determined in accordance with the provisions of subsection (1) of K.S.A. 74-4958, on the basis of that patrolman's years of credited service. On and after January 1, 1994, there shall be no mandatory retirement for patrolmen on account of age. The provisions of subsection (2)(b) of K.S.A. 74-4956 and amendments thereto shall not apply to patrolmen.
(c) Beginning with the first payment of compensation for services of a patrolman after the patrolman becomes a member of the Kansas police and firemen's retirement system, the employer shall deduct from the compensation of such member 7% as employee contribution. Such deduction shall be remitted, deposited and credited as provided in K.S.A. 74-4965 and amendments thereto.
History: L. 1968, ch. 36, § 5; L. 1979, ch. 253, § 2; L. 1993, ch. 227, § 55; July 1.
The division of the budget and the governor shall include in the budget and in the budget request for appropriation for personal services the sum required to satisfy the employer's obligation under this act as certified by the board in the manner prescribed in K.S.A. 74-4967 and shall present the same to the legislature for allowance and appropriation. In lieu of the rate of employer contribution for the first year set out in subsection (6) of K.S.A. 74-4967, the rate of contribution of the Kansas highway patrol during fiscal year 1969 shall be sixteen and eight-tenths percent (16.8%) of the amount of compensation on which members contribute during said period.
History: L. 1968, ch. 36, § 6; March 7.
The provisions of K.S.A. 74-4963 and amendments thereto relating to termination of employment shall be applicable in all respects to patrolmen becoming members of the Kansas police and firemen's retirement system, except that a member who transfers from the Kansas highway patrol pension system and later terminates such member's employment and withdraws such member's accumulated contributions under the Kansas police and firemen's retirement system and the Kansas highway patrol pension system may upon returning to covered employment receive credit for such member's service prior to termination, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, by repaying such member's accumulated contributions plus interest, as determined by the board, to the Kansas police and firemen's retirement system and by also repaying the accumulated contributions withdrawn from the Kansas highway patrol pension system plus interest at a rate specified by the board of the Kansas highway patrol pension system.
History: L. 1968, ch. 36, § 7; L. 1998, ch. 64, § 81; July 1.
Nothing in this act shall be construed to repeal or amend any provisions of the law establishing the Kansas highway patrol pension system with respect to patrolmen who have the option of joining the Kansas police and firemen's retirement system but do not elect to do so.
History: L. 1968, ch. 36, § 8; March 7.
The entry date of the Kansas highway patrol shall continue to be as prescribed in K.S.A. 74-4971, except that for the purposes of those patrolmen who become members of the Kansas police and firemen's retirement system as provided in this act, the entry date shall be considered to be July 1, 1972.
History: L. 1972, ch. 292, § 1; April 1.
History: L. 1972, ch. 292, § 2; Repealed, L. 1998, ch. 64, § 95; July 1.
For any patrolman who elects to become a member of the Kansas police and firemen's retirement system under the provisions of this act and retires prior to July 1, 1975, the term final average salary means the average highest annual compensation paid to such member for service as a patrolman for any three of the five years immediately preceding such retirement, notwithstanding the definition of that term in K.S.A. 74-4952.
History: L. 1972, ch. 292, § 3; April 1.
Any patrolman entitled to make an election under this act to become a member of the Kansas police and firemen's retirement system and who does not so elect shall become a special member of the Kansas police and firemen's retirement system on the effective date of this act. Every special member shall make contributions to the Kansas police and firemen's retirement system as provided in this act, and shall be subject to the provisions and entitled to pensions and other benefits, rights and privileges only to the extent provided for "members" of the state highway patrol pension system as the same existed under article 20b of chapter 74 of Kansas Statutes Annotated and all acts amendatory thereof as contained in the 1971 Supplement to article 20b of chapter 74 of Kansas Statutes Annotated on the day preceding the effective date of this act.
History: L. 1972, ch. 292, § 4; April 1.
Except as otherwise provided by this act, a patrolman who elects to become a member of the Kansas police and firemen's retirement system under the provisions of this act shall be subject to the provisions of K.S.A. 74-4951 to 74-4977, inclusive, and acts amendatory thereof or supplemental thereto.
History: L. 1972, ch. 292, § 5; April 1.
(a) On the effective date of this act, the state highway patrol pension board is hereby abolished. On such date all of the powers provided in article 20b of chapter 74 of Kansas Statutes Annotated and all acts amendatory thereof as contained in the 1971 Supplement to article 20b of chapter 74 of Kansas Statutes Annotated shall devolve upon and be performed by the board of trustees of the Kansas public employees retirement system, and all powers heretofore exercised by the state highway patrol pension board, including management and control of the assets, funds and records of the state highway patrol pension fund, shall be and become vested in the board of trustees of the Kansas public employees retirement system. On the effective date of this act the state treasurer shall transfer all assets and funds of the state highway patrol pension fund to the Kansas public employees retirement fund. Such transfer shall be at the market value, bid price as quoted by a nationally recognized government bond dealer, of such assets at the close of business on the date of transfer. Whenever in the statutes of this state or in any contract or other document, the words "state highway patrol pension board" or words of like effect are used, the same shall be deemed to mean the board of trustees of the Kansas public employees retirement system. The board of trustees may execute transfer endorsements for any stock or security of the state highway patrol pension fund, and any such endorsement or transfer may be made in the name of the state highway patrol pension board.
(b) On the effective date of this act and the transfer of the assets of the state highway patrol pension fund to the Kansas public employees retirement fund, the accounts in the Kansas police and firemen's retirement system of the patrolmen who elect to become members under this act, of the members who elected to become members on July 1, 1968, and of the special members shall be credited with the contributions in their respective accounts in the state highway patrol pension fund.
History: L. 1972, ch. 292, § 6; April 1.
Any person receiving or entitled to receive a pension or any other benefit, or who will become entitled to receive a pension or any other benefit, from the state highway patrol pension fund as it existed prior to April 1, 1972, shall be entitled to receive from the Kansas police and firemen's retirement system such pension or any other benefit to the same extent and subject to the same conditions as existed on April 1, 1972. Any minor child of a member of the state highway patrol pension system or special member of the Kansas police and firemen's retirement system who died by reason of injuries received or disease contracted by such member while in the performance of such member's duties as a member of the highway patrol and whose spouse's pension was terminated because of such spouse's remarriage shall receive a monthly amount equal to the pension which was terminated due to such remarriage. Such benefits shall accrue from April 1, 1973, or the date of the spouse's remarriage, whichever is later and shall be terminated on the first day of the month in which the child dies, marries or attains the age of 18 years or in which the child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117. All pensions and benefits received by any person under this act are hereby made and declared exempt from any tax of the state of Kansas or any political subdivision or taxing body thereof, and shall not be subject to execution, garnishment, or attachment, or any other process or claim whatsoever.
History: L. 1972, ch. 292, § 7; L. 1973, ch. 328, § 1; L. 1974, ch. 345, § 4; L. 1989, ch. 232, § 23; July 1.
Beginning with the first payment of compensation for services of a patrolman after becoming a special member of the Kansas police and firemen's retirement system, the employer shall deduct from the compensation of such special member 8% as employee contribution. Such deductions shall be remitted, as the board may provide, to the executive director for credit to the Kansas public employees retirement fund, and such deduction shall be credited to the member's individual account.
History: L. 1972, ch. 292, § 8; L. 1990, ch. 282, § 18; L. 2001, ch. 209, § 42; May 31.
(a) Employer contributions shall be determined, certified, appropriated and paid to the system as provided in K.S.A. 74-4967, except that in determining the employer's prior service contribution of the Kansas highway patrol, the board, upon the recommendation of the actuary, shall include an amount to cover all liabilities (1) which shall have accrued at the time of entry into the system relating to patrolmen who elect to become members under this act, and (2) which will be incurred relating to special members and to persons receiving or entitled to receive a pension or any other benefit from the state highway patrol pension fund as it existed on the day preceding the effective date of this act. The foregoing liabilities of the Kansas highway patrol shall be added to its accrued liability as the same shall exist on June 30, 1972, and shall be amortized over the balance of the period heretofore established to amortize the accrued liability of the Kansas highway patrol. The actuary may recommend and the board may approve a plan of paying the employer's total obligation by an annual level amount necessary to maintain the actuarial reserve integrity of the Kansas public employees retirement fund, or by an annual rate of employer contribution, or by a combination of both.
(b) The employer rate of contribution for the Kansas highway patrol shall apply to the amount of compensation on which members and special members contribute. During fiscal year 1973, the rate shall be the same as heretofore certified by the board to said employer for such period.
History: L. 1972, ch. 292, § 9; April 1.
(a) (1) Notwithstanding the provisions of K.S.A. 74-4971, and amendments thereto, on or after the effective date of this act, the Kansas highway patrol shall affiliate with the Kansas police and firemen's retirement system established under the provisions of K.S.A. 74-4951 et seq., and amendments thereto, pursuant to the provisions of this act for membership in the system of members of the capitol police who have successfully completed the required course of instruction for law enforcement officers approved by the Kansas law enforcement training center and are certified pursuant to the provisions of K.S.A. 74-5607a, and amendments thereto. For purposes of such affiliation for membership in the system of members of the capitol police, the Kansas highway patrol shall be considered a new participating employer. The Kansas highway patrol shall make application for affiliation with such system in the manner provided by K.S.A. 74-4954, and amendments thereto, to be effective on July 1 next following application. The Kansas highway patrol shall affiliate for membership in the system of such members of the capitol police for participating service credit.
(2) The Kansas highway patrol shall appropriate and pay a sum sufficient to satisfy any obligations as certified by the board of trustees of the retirement system and the employer contributions of the Kansas highway patrol shall be as provided in subsection (1) of K.S.A. 74-4967, and amendments thereto.
(b) (1) Each such member of the capitol police employed by the Kansas highway patrol on the date of affiliation, may become a member of the Kansas police and firemen's retirement system on the first day of the payroll period of such member, coinciding with or following the entry date of the Kansas highway patrol as provided in this section, only by filing with the board of trustees of the system, on or before the entry date of the Kansas highway patrol as provided in this section, a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become or not to become a member, shall be irrevocable.
(2) Each such member of the capitol police who is on an authorized leave of absence or is in the military service on the entry date of the Kansas highway patrol as provided in this section may become a member of the Kansas police and firemen's retirement system on the first day of the first payroll period of such member, coinciding with such member's return to active employment and payroll of the Kansas highway patrol, only by filing with the board of trustees of the system within 10 days after such return to active employment a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become a member or not to become a member, shall be irrevocable.
(c) Every such person who is employed as a member of the capitol police on or after the entry date of the Kansas highway patrol into the Kansas police and firemen's retirement system as provided in this section shall become a member of the Kansas police and firemen's retirement system on the first day of such employment.
(d) If the Kansas highway patrol affiliates as provided in this act and each such member of the capitol police who elects to become a member as provided in this act, the Kansas highway patrol and each such member shall be subject to the provisions of K.S.A. 74-4951 et seq., and amendments thereto, as applicable.
(e) The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personnel services the amount required to satisfy the employer's obligation under this act as certified by the board of trustees of the system, and shall present the same to the legislature for allowance and appropriations.
(f) The determination of retirement, death or disability benefits shall be computed upon the basis of "credited service" as used in K.S.A. 74-4951 et seq., and amendments thereto, but shall include only participating service with the person's participating employer, commencing on and after the effective date of affiliation by the participating employer with the Kansas police and firemen's retirement system.
History: L. 2004, ch. 182, § 10; L. 2006, ch. 107, § 4; July 1.
(a) (1) Notwithstanding the provisions of K.S.A. 74-4971, and amendments thereto, on or after the effective date of this act, the Kansas highway patrol shall affiliate with the Kansas police and firemen's retirement system established under the provisions of K.S.A. 74-4951 et seq., and amendments thereto, pursuant to the provisions of this act for membership in the system of members of the motor carriers inspection staff of the Kansas highway patrol who have successfully completed the required course of instruction for law enforcement officers approved by the Kansas law enforcement training center and are certified pursuant to the provisions of K.S.A. 74-5607a, and amendments thereto. For purposes of such affiliation for membership in the system of such members, the Kansas highway patrol shall be considered a new participating employer. The Kansas highway patrol shall make application for affiliation with such system in the manner provided by K.S.A. 74-4954, and amendments thereto, to be effective on July 1 next following application. The Kansas highway patrol shall affiliate for membership in the system of such members for participating service credit.
(2) The Kansas highway patrol shall appropriate and pay a sum sufficient to satisfy any obligations as certified by the board of trustees of the retirement system and the employer contributions of the Kansas highway patrol shall be as provided in subsection (1) of K.S.A. 74-4967, and amendments thereto.
(b) (1) Each such member of the motor carriers inspection staff employed by the Kansas highway patrol on the date of affiliation, may become a member of the Kansas police and firemen's retirement system on the first day of the payroll period of such member, coinciding with or following the entry date of the Kansas highway patrol as provided in this section, only by filing with the board of trustees of the system, on or before the entry date of the Kansas highway patrol as provided in this section, a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become or not to become a member, shall be irrevocable.
(2) Each such member of the motor carriers inspection staff of the Kansas highway patrol who is on an authorized leave of absence or is in the military service on the entry date of the Kansas highway patrol as provided in this section may become a member of the Kansas police and firemen's retirement system on the first day of the first payroll period of such member, coinciding with such member's return to active employment and payroll of the Kansas highway patrol, only by filing with the board of trustees of the system within 10 days after such return to active employment a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become a member or not to become a member, shall be irrevocable.
(c) Every such person who is employed as a member of the motor carriers inspection staff of the Kansas highway patrol on or after the entry date of the Kansas highway patrol into the Kansas police and firemen's retirement system as provided in this section shall become a member of the Kansas police and firemen's retirement system on the first day of such employment.
(d) If the Kansas highway patrol affiliates as provided in this act and each such member of the motor carriers inspection staff of the Kansas highway patrol who elects to become a member as provided in this act, the Kansas highway patrol and each such member shall be subject to the provisions of K.S.A. 74-4951 et seq., and amendments thereto, as applicable.
(e) The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personnel services the amount required to satisfy the employer's obligation under this act as certified by the board of trustees of the system, and shall present the same to the legislature for allowance and appropriations.
(f) The determination of retirement, death or disability benefits shall be computed upon the basis of "credited service" as used in K.S.A. 74-4951 et seq., and amendments thereto, but shall include only participating service with the person's participating employer, commencing on and after the effective date of affiliation by the participating employer with the Kansas police and firemen's retirement system.
History: L. 2004, ch. 182, § 11; June 3.
(a) (1) Notwithstanding the provisions of K.S.A. 74-4971, and amendments thereto, on or after the effective date of this act, the office of state fire marshal shall affiliate with the Kansas police and firemen's retirement system established under the provisions of K.S.A. 74-4951 et seq., and amendments thereto, pursuant to the provisions of this act for membership in the system of members of the staff of the office of state fire marshal who have successfully completed the required course of instruction for law enforcement officers approved by the Kansas law enforcement training center and are certified pursuant to the provisions of K.S.A. 74-5607a, and amendments thereto, and who are employed in a position which such certification is required. For purposes of such affiliation for membership in the system of such members, the office of state fire marshal shall be considered a new participating employer. The office of state fire marshal shall make application for affiliation with such system in the manner provided by K.S.A. 74-4954, and amendments thereto, to be effective on July 1, next following application. The office of state fire marshal shall affiliate for membership in the system of such members for participating service credit.
(2) The office of state fire marshal shall appropriate and pay a sum sufficient to satisfy any obligations as certified by the board of trustees of the retirement system and the employer contributions of the office of state fire marshal shall be as provided in subsection (1) of K.S.A. 74-4967, and amendments thereto.
(b) (1) Each such member of the staff employed by the office of state fire marshal on the date of affiliation, may become a member of the Kansas police and firemen's retirement system on the first day of the payroll period of such member, coinciding with or following the entry date of the office of state fire marshal as provided in this section, only by filing with the board of trustees of the system, on or before the entry date of the office of state fire marshal as provided in this section, a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become or not to become a member, shall be irrevocable.
(2) Each such member of the staff of the office of state fire marshal who is on an authorized leave of absence or is in the military service on the entry date of the office of state fire marshal as provided in this section may become a member of the Kansas police and firemen's retirement system on the first day of the first payroll period of such member, coinciding with such member's return to active employment and payroll of the office of state fire marshal, only by filing with the board of trustees of the system within 10 days after such return to active employment a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become a member or not to become a member, shall be irrevocable.
(c) Each such member who is employed as a member of the staff of the office of state fire marshal on or after the entry date of the office of state fire marshal into the Kansas police and firemen's retirement system as provided in this section shall become a member of the Kansas police and firemen's retirement system on the first day of such employment.
(d) If the office of state fire marshal affiliates as provided in this act and each such member of the staff of the office of state fire marshal who elects to become a member as provided in this act, the office of state fire marshal and each such member shall be subject to the provisions of K.S.A. 74-4951 et seq., and amendments thereto, as applicable.
(e) The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personnel services the amount required to satisfy the employer's obligation under this act as certified by the board of trustees of the system, and shall present the same to the legislature for allowance and appropriations.
(f) The determination of retirement, death or disability benefits shall be computed upon the basis of "credited service" as used in K.S.A. 74-4951 et seq., and amendments thereto, but shall include only participating service with the person's participating employer, commencing on and after the effective date of affiliation by the participating employer with the Kansas police and firemen's retirement system.
History: L. 2005, ch. 196, § 15; May 19.
(a) (1) Notwithstanding the provisions of K.S.A. 74-4971, and amendments thereto, on or after the effective date of this act, the adjutant general shall affiliate with the Kansas police and firemen's retirement system established under the provisions of K.S.A. 74-4951 et seq., and amendments thereto, pursuant to the provisions of this act for membership in the system of firefighters serving the
190th Kansas air national guard who have successfully completed airport firefighter training and other firefighter training required by the adjutant general, and who are employed in a position which such training is required. For purposes of such affiliation for membership in the system of such members, the adjutant general shall be considered a new participating employer. The adjutant general shall make application for affiliation with such system in the manner provided by K.S.A. 74-4954, and amendments thereto, to be effective on July 1, next following application. The adjutant general shall affiliate for membership in the system of such members for participating service credit.
(2) The adjutant general shall appropriate and pay a sum sufficient to satisfy any obligations as certified by the board of trustees of the retirement system and the employer contributions of the adjutant general shall be as provided in subsection (1) of K.S.A. 74-4967, and amendments thereto.
(b) (1) Each such firefighter serving the 190th Kansas air national guard on the date of affiliation, may become a member of the Kansas police and firemen's retirement system on the first day of the payroll period of such member, coinciding with or following the entry date of the adjutant general as provided in this section, only by filing with the board of trustees of the system, on or before the entry date of the adjutant general as provided in this section, a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become or not to become a member, shall be irrevocable.
(2) Each such firefighter who is on an authorized leave of absence or is in the military service on the entry date of the adjutant general as provided in this section may become a member of the Kansas police and firemen's retirement system on the first day of the first payroll period of such member, coinciding with such member's return to active employment and payroll of the adjutant general, only by filing with the board of trustees of the system within 10 days after such return to active employment a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become a member or not to become a member, shall be irrevocable.
(c) Each such firefighter who first serves on or after the entry date of the adjutant general into the Kansas police and firemen's retirement system as provided in this section shall become a member of the Kansas police and firemen's retirement system on the first day of such employment.
(d) If the adjutant general affiliates as provided in this act, the adjutant general and each firefighter who elects to become a member as provided in this act shall be subject to the provisions of K.S.A. 74-4951 et seq., and amendments thereto, as applicable.
(e) The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personnel services the amount required to satisfy the employer's obligation under this act as certified by the board of trustees of the system, and shall present the same to the legislature for allowance and appropriations.
(f) The determination of retirement, death or disability benefits shall be computed upon the basis of "credited service" as used in K.S.A. 74-4951 et seq., and amendments thereto, but shall include only participating service with the person's participating employer, commencing on and after the effective date of affiliation by the participating employer with the Kansas police and firemen's retirement system.
(g) As used in this section, "firefighter" means a person serving the 190th Kansas air national guard as a fire protection special supervisor, fire protection station captain, fire protection crew chief, fire protection safety trainer or fire protection specialist or a person serving in a similar capacity as certified by the adjutant general.
History: L. 2010, ch. 102, § 1; July 1.
(a) (1) On July 1, 2023, the Kansas department of wildlife and parks shall be an eligible employer as defined in K.S.A. 74-4952, and amendments thereto, and shall affiliate with the Kansas police and firemen's retirement system established under the provisions of K.S.A. 74-4951 et seq., and amendments thereto, pursuant to the provisions of this section for membership in the system of officers and employees employed by the Kansas department of wildlife and parks who have successfully completed the required course of instruction for law enforcement officers approved by the Kansas law enforcement training center and are certified as a full-time police officer or law enforcement officer pursuant to the provisions of K.S.A. 74-5607a, and amendments thereto, and who are employed in the parks, public lands or law enforcement division. For purposes of such affiliation for membership in the system of such members, the Kansas department of wildlife and parks shall be considered a new participating employer. The Kansas department of wildlife and parks shall make application for affiliation with such system in the manner provided by K.S.A. 74-4954, and amendments thereto, to be effective on the July 1 next following application. The Kansas department of wildlife and parks shall affiliate for membership in the system of such officers and employees for participating service credit.
(2) The Kansas department of wildlife and parks shall appropriate and pay a sum sufficient to satisfy any obligations as certified by the board of trustees of the retirement system based on an actuarial valuation of the cost of such affiliation, and the employer contributions of the Kansas department of wildlife and parks shall be as provided in K.S.A. 74-4967(1), and amendments thereto.
(b) Each such officer and employee who is employed by the Kansas department of wildlife and parks on or after the entry date of the Kansas department of wildlife and parks into the Kansas police and firemen's retirement system as provided in this section shall become a member of the Kansas police and firemen's retirement system on the first day of such employment and shall be subject to the provisions of K.S.A. 74-4951 et seq., and amendments thereto, as applicable.
(c) The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personnel services the amount required to satisfy the employer's obligation under this section as certified by the board of trustees of the system, and shall present the same to the legislature for allowance and appropriation.
(d) The determination of retirement, death or disability benefits shall be computed upon the basis of credited services, as used in K.S.A. 74-4951 et seq., and amendments thereto, but shall include only participating service with the Kansas department of wildlife and parks, commencing on and after the effective date of affiliation by the Kansas department of wildlife and parks with the Kansas police and firemen's retirement system.
(e) In the case of a member who retires on or after July 1, 2023, whose date of membership in the system is prior to July 1, 1993, and any member who was in such member's membership waiting period on July 1, 1993, and whose date of membership in the system is on or after July 1, 1993, shall have such member's employer certify to the Kansas public employees retirement system the number of hours of such member's sick and annual leaves at the time of such member's transfer to the Kansas police and firemen's retirement system. Upon the date of such member's retirement from the Kansas public employees retirement system, such member may use in the calculation of the member's retirement benefit, the average highest annual compensation, as defined in K.S.A. 74-4902(9), and amendments thereto, which shall include but not exceed compensation for the number of sick and annual leave hours certified to the Kansas public employees retirement system on the date of the member's transfer, paid to such member for any four years of participating service preceding the transfer to the Kansas police and firemen's retirement system, or the average highest annual salary, as defined in K.S.A. 74-4902(33), and amendments thereto, paid to such member for any three years of participating service preceding retirement or termination of employment, whichever is greater.
(f) Any rights or benefits accruing to any such officer or employee employed by the Kansas department of wildlife and parks prior to the effective date of affiliation shall be determined pursuant to the provisions of K.S.A. 74-4901 et seq., and amendments thereto. Any officer and employee who becomes a member pursuant to this section, who has a vested retirement benefit pursuant to K.S.A. 74-4917, and amendments thereto, and who terminates employment prior to attaining a vested benefit pursuant to K.S.A. 74-4963, and amendments thereto, may have such service credited for purposes of computing retirement benefits pursuant to K.S.A. 74-4901 et seq., and amendments thereto.
(g) Beginning with the first payment of compensation for services of such officer or employee after becoming a member of the Kansas police and firemen's retirement system, the employer shall deduct from the compensation of such member 7.15% as the employee contribution to the system. Such deductions shall be remitted, deposited and credited as provided in K.S.A. 74-4965, and amendments thereto.
(h) (1) Except as provided in paragraph (2), the actuarial legacy cost of $2,733,769 for the remaining unfunded liabilities in the Kansas public employees retirement system shall be amortized over 20 years as a level dollar amount, as certified by the board upon recommendation of the consulting actuary, through an additional annual payment by the Kansas department of wildlife and parks.
(2) Subject to appropriations, the Kansas department of wildlife and parks may make a payment in full or payments in two installments for such actuarial legacy cost prior to the expiration of the 20-year amortization period.
History: L. 2023, ch. 46, § 1; April 27.
On the effective date of this act, the Kansas bureau of investigation shall be an eligible employer as defined in K.S.A. 74-4952, and on July 1, 1968, the Kansas bureau of investigation shall become a participating employer as defined by reference in subsection (13) of K.S.A. 74-4952, said reference being to subsection (24) of K.S.A. 74-4902. The entry date into the Kansas police and firemen's retirement system of the Kansas bureau of investigation shall be July 1, 1968.
History: L. 1968, ch. 40, § 1; March 7.
"Agent" means all agents of the Kansas bureau of investigation, including the director thereof if the director was a member of the Kansas police and firemen's retirement system at the time of appointment to the office of director, but shall not include any other administrative officers or employees of the Kansas bureau of investigation. Wherever the word "policeman" is used in K.S.A. 74-4951 et seq., it shall be construed to include the word agent as defined herein.
History: L. 1968, ch. 40, § 2; L. 1979, ch. 253, § 3; March 23.
History: L. 1968, ch. 40, § 3; L. 1974, ch. 390, § 20; L. 1974, ch. 344, § 3; L. 1979, ch. 250, § 4; Repealed, L. 1998, ch. 64, § 95; July 1.
Any agent employed on or before June 30, 1968, who does not make election in the manner provided by this act to become a member of the Kansas police and firemen's retirement system shall continue to be a member of the Kansas bureau of investigation pension system, as the word "agent" is defined in K.S.A. 75-7a01. The filing of such election shall terminate the membership of the person filing in the Kansas bureau of investigation pension system immediately prior to the date he becomes a member of the Kansas police and firemen's retirement system.
History: L. 1968, ch. 40, § 4; March 7.
(a) Agents who become members of the Kansas police and firemen's retirement system shall be subject to all of the provisions of K.S.A. 74-4951 to 74-4970, inclusive, and amendments thereto, except as is otherwise provided in this act.
(b) Prior to January 1, 1994, each agent, other than the director of the Kansas bureau of investigation, who is a member of the Kansas police and firemen's retirement system and who has reached the age of 65 years must file application for retirement with the board and if such agent refuses or neglects to do so, the board shall consider the application as having been filed on the 65th birthday of that agent. Any agent so retired shall receive a retirement benefit determined in accordance with the provisions of subsection (1) of K.S.A. 74-4958, on the basis of that agent's years of credited service. On and after January 1, 1994, there shall be no mandatory retirement for agents on account of age. The provisions of subsection (2)(b) of K.S.A. 74-4956 and amendments thereto shall not apply to agents.
(c) Beginning with the first payment of compensation for services of an agent after the agent becomes a member of the Kansas police and firemen's retirement system, the employer shall deduct from the compensation of such member 7% as employee contribution. Such deduction shall be remitted, deposited and credited as provided in K.S.A. 74-4965 and amendments thereto.
History: L. 1968, ch. 40, § 5; L. 1979, ch. 253, § 4; L. 1993, ch. 227, § 56; July 1.
The division of the budget and the governor shall include in the budget and in the budget request for appropriation for personal services the sum required to satisfy the employer's obligation under this act as certified by the board in the manner prescribed in K.S.A. 74-4967 and shall present the same to the legislature for allowance and appropriation. In lieu of the rate of employer contribution for the first year set out in subsection (6) of K.S.A. 74-4967, the rate of contribution of the Kansas bureau of investigation during fiscal year 1969 shall be sixteen and eight-tenths percent (16.8%) of the amount of compensation on which members contribute during said period.
History: L. 1968, ch. 40, § 6; March 7.
The provisions of K.S.A. 74-4963 and amendments thereto relating to termination of employment shall be applicable in all respects to agents becoming members of the Kansas police and firemen's retirement system, except that a member who transfers from the Kansas bureau of investigation pension system and later terminates such member's employment and withdraws such member's accumulated contributions under the Kansas police and firemen's retirement system and the Kansas bureau of investigation pension system may upon returning to covered employment receive credit for such member's service prior to termination, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, by repaying such member's accumulated contributions plus interest, as determined by the board, to the Kansas police and firemen's retirement system and by also repaying the accumulated contributions withdrawn from the Kansas bureau of investigation pension system plus interest at a rate specified by the board of the Kansas bureau of investigation pension system.
History: L. 1968, ch. 40, § 7; L. 1998, ch. 64, § 82; July 1.
Nothing in this act shall be construed to repeal or amend any provisions of the law establishing the Kansas bureau of investigation pension system with respect to agents who have the option of joining the Kansas police and firemen's retirement system but do not elect to do so.
History: L. 1968, ch. 40, § 8; March 7.
(a) On the effective date of this act, the Kansas bureau of investigation pension board is hereby abolished. On such date all of the powers provided in article 7a of chapter 75 of Kansas Statutes Annotated shall devolve upon and be performed by the board of trustees of the Kansas public employees retirement system, and all powers heretofore exercised by the Kansas bureau of investigation pension board, including management and control of the assets, funds and records of the Kansas bureau of investigation pension fund, shall be and become vested in the board of trustees of the Kansas public employees retirement system. On the effective date of this act the state treasurer shall transfer all assets and funds of the Kansas bureau of investigation pension fund to the Kansas public employees retirement fund. Such transfer shall be at the market value, bid price as quoted by a nationally recognized government bond dealer, of such assets at the close of business on the date of transfer. Whenever in the statutes of this state or in any contract or other document, the words "Kansas bureau of investigation pension board" or words of like effect are used, the same shall be deemed to mean the board of trustees of the Kansas public employees retirement system. The board of trustees may execute transfer endorsements for any stock or security of the Kansas bureau of investigation pension fund, and any such endorsement or transfer may be made in the name of the Kansas bureau of investigation pension board.
(b) On the effective date of this act and the transfer of the assets of the Kansas bureau of investigation pension fund to the Kansas public employees retirement fund, the accounts in the Kansas police and firemen's retirement system of the members who elected to become members on July 1, 1968 shall be credited with the contributions in their respective accounts in the Kansas bureau of investigation pension fund.
History: L. 1972, ch. 306, § 1; April 1.
Any person receiving or entitled to receive a pension or any other benefit, or who will become entitled to receive a pension or any other benefit, from the Kansas bureau of investigation pension fund as it existed on the day preceding the effective date of this act shall be entitled to receive from the Kansas police and firemen's retirement system such pension or any other benefit to the same extent and subject to the same conditions as existed on said day.
History: L. 1972, ch. 306, § 2; April 1.
(a) Employer contributions shall be determined, certified, appropriated and paid to the system as provided in K.S.A. 74-4967, except that in determining the employer's prior service contribution of the Kansas bureau of investigation, the board, upon the recommendation of the actuary, shall include an amount to cover all liabilities which will be incurred relating to persons receiving or entitled to receive a pension or any other benefit from the Kansas bureau of investigation pension fund as it existed on the day preceding the effective date of this act. The foregoing liabilities of the Kansas bureau of investigation shall be added to its accrued liability as the same shall exist on June 30, 1972, and shall be amortized over the balance of the period heretofore established to amortize the accrued liability of the Kansas bureau of investigation. The actuary may recommend and the board may approve a plan of paying the employer's total obligation by an annual level amount necessary to maintain the actuarial reserve integrity of the Kansas public employees retirement fund, or by an annual rate of employer contribution, or by a combination of both.
(b) During fiscal year 1973, the employer rate of contribution shall be the same as heretofore certified by the board to said employer for such period.
History: L. 1972, ch. 306, § 3; April 1.
Any member, joint annuitant or beneficiary of a member of the Kansas public employees retirement system who is receiving a benefit from the Kansas public employees retirement system calculated in accordance with K.S.A. 74-4978g and K.S.A. 74-4986b, shall have the benefit increased permanently in accordance with the following schedule: Those members whose date of retirement occurred before January 1, 1962, will be increased fifty percent (50%); those members whose date of retirement occurred during the calendar years 1962 and 1963 will be increased thirty-two percent (32%); those members whose date of retirement occurred during the calendar years 1964 and 1965 will be increased twenty-eight percent (28%); those members whose date of retirement occurred during the calendar years 1966 and 1967 will be increased twenty-two percent (22%); those members whose date of retirement occurred during the calendar year 1968 will be increased fifteen percent (15%); those members whose date of retirement occurred during the calendar year 1969 will be increased nine percent (9%); those members whose date of retirement occurred during the calendar year 1970 will be increased two percent (2%); those members whose retirement date occurred on and after January 1, 1971, are not increased by this act; those members whose retirement date occurs on or after the effective date of this act are not increased by this act.
History: L. 1973, ch. 325, § 1; July 1.
The increases granted herein shall accrue from July 1, 1973, and be in addition to the increase granted under K.S.A. 74-4943.
History: L. 1973, ch. 325, § 2; July 1.
As used in this act:
(a) "Educational institution" means any state educational institution under the control and supervision of the state board of regents; and
(b) "university police officer" means university police officers employed by the chief executive officer of any educational institution. Wherever the word "policeman" is used in K.S.A. 74-4951 et seq., and amendments thereto, such word shall be construed to include the words "university police officer."
History: L. 1988, ch. 302, § 26; July 1.
(a) On the effective date of this act, any educational institution shall be an eligible employer as defined in K.S.A. 74-4952 and amendments thereto. Any such educational institution may affiliate with the Kansas police and firemen's retirement system established under the provisions of K.S.A. 74-4951 et seq. and amendments thereto. Such educational institution shall make application for affiliation with such system in the manner provided by K.S.A. 74-4954 and amendments thereto, to be effective on July 1 next following application.
(b) Each educational institution affiliating pursuant to the provisions of subsection (a) shall appropriate and pay to the system a sum sufficient to satisfy the obligations hereunder as certified by the board.
(c) For the purposes of determining and computing retirement benefits and death and disability benefits computed upon the basis of credited service of a university police officer appointed under the provisions of this act, the term "credited service," as used in K.S.A. 74-4951 et seq. and amendments thereto, means and includes only participating service with the participating employer, except as hereinafter provided:
(1) Credited service of any employee with any participating employer prior to becoming a member under these provisions shall be considered and included in determining if the death or disability of such employee was service connected under the provisions of subsection (10) of K.S.A. 74-4952 and amendments thereto and for the purposes of determining the eligibility of such officer for nonservice-connected death and disability benefits under the provisions of subsection (2) of K.S.A. 74-4959 and amendments thereto and subsection (2) of K.S.A. 74-4960 and amendments thereto.
(2) Notwithstanding the provisions of K.S.A. 74-4957 and 74-4963 and amendments thereto, all credited service of any employee with any participating employer prior to becoming a member under these provisions shall be included and counted together with credited participating service for the meeting of requirements of years of service fixed under the provisions of such sections.
Any rights and benefits accruing to any employee of an educational institution prior to the effective date of affiliation shall be determined and computed pursuant to the provisions of K.S.A. 74-4901 et seq. and amendments thereto. Any member who becomes a member pursuant to this section, who has a vested retirement benefit pursuant to K.S.A. 74-4917 and amendments thereto and who terminates employment prior to attaining a vested benefit pursuant to K.S.A. 74-4963 and amendments thereto may have such service credited for purposes of determining and computing retirement benefits pursuant to K.S.A. 74-4901 et seq. and amendments thereto.
History: L. 1988, ch. 302, § 27; July 1.
(a) Each university police officer employed by any educational institution on the date of affiliation of such educational institution, may become a member of the Kansas police and firemen's retirement system on the first day of the payroll period of such university police officer, coinciding with or following the entry date of any such educational institution, only by filing with the board of trustees of the system, on or before the entry date of any such educational institution, a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become a member or not to become a member, shall be irrevocable.
(b) Each university police officer who is on an authorized leave of absence or is in the military service on any such educational institution's entry date may become a member of the Kansas police and firemen's retirement system on the first day of the first payroll period of such university police officer, coinciding with such university police officer's return to active employment and any such educational institution's payroll, only by filing with the board of trustees of the system within 10 days after such return to active employment a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become a member or not to become a member, shall be irrevocable.
(c) Every person who is employed as a university police officer on or after the entry date of any such educational institution into the Kansas police and firemen's retirement system shall become a member of the Kansas police and firemen's retirement system on the first day of such employment.
History: L. 1988, ch. 302, § 28; July 1.
(a) University police officers who become members of the Kansas police and firemen's retirement system shall be subject to all the provisions of K.S.A. 74-4951 through 74-4970 and amendments thereto, except as otherwise provided in this act.
(b) Beginning with the first payment of compensation for services of a university police officer after becoming a member of the Kansas police and firemen's retirement system, the employer shall deduct from the compensation of such member 7% as employee contributions. Such deductions shall be remitted, deposited and credited as provided in K.S.A. 74-4965 and amendments thereto.
History: L. 1988, ch. 302, § 29; July 1.
The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personnel services the amount required to satisfy the employer's obligation under this act as certified by the board of trustees of the system, and shall present the same to the legislature for allowance and appropriation.
History: L. 1988, ch. 302, § 30; L. 1991, ch. 237, § 13; L. 1992, ch. 321, § 32; L. 1993, ch. 227, § 47; July 1.
(a) The provisions of K.S.A. 74-4986k through 74-4986r, and amendments thereto, shall be known and may be cited as the Kansas deferred retirement option program act, and shall be effective on and after January 1, 2016.
(b) The provisions of this act shall be part of and supplemental to the provisions of K.S.A. 74-4901 et seq., and amendments thereto, subject to the limitations contained in this act.
History: L. 2015, ch. 77, § 4; July 1.
(a) As used in this act, unless otherwise provided or the context otherwise requires:
(1) "Act" means the Kansas deferred retirement option program act;
(2) "board" means the board of trustees of the Kansas public employees retirement system;
(3) "DROP" means the deferred retirement option program established by K.S.A. 74-4986m, and amendments thereto;
(4) "DROP account" means the notional account to which is credited the monthly DROP accrual;
(5) "DROP period" means the period of time that a member elects to participate in the DROP pursuant to K.S.A. 74-4986n, and amendments thereto;
(6) "member" means any member of the Kansas police and firemen's retirement system who is eligible to participate in the DROP and who elects to participate in the DROP as provided in this act;
(7) "monthly DROP accrual" means the amount equal to the monthly retirement benefit that would have been payable to the member had the member terminated service and retired on the day the member elected; and
(8) "system" means the Kansas police and firemen's retirement system.
(b) Unless specifically provided in this section or in this act, words and phrases used in this act mean the same as provided under the provisions of K.S.A. 74-4901 et seq. and 74-4951 et seq., and amendments thereto.
History: L. 2015, ch. 77, § 5; L. 2019, ch. 50, § 5; L. 2021, ch. 75, § 4; L. 2023, ch. 46, § 2; April 27.
(a) The board shall establish within the Kansas police and firemen's retirement system a deferred retirement option program for members. The board shall administer the DROP in compliance with the federal internal revenue code and applicable treasury regulations, including, but not limited to, the incidental benefit and required minimum distribution requirements of section 401(a)(9) of the federal internal revenue code.
(b) The board shall establish a DROP account for each member. Each DROP account shall be credited annually with interest as provided in this subsection. Interest may only be credited in a year in which the actual rate of return on the market value on the investments of the DROP reach the system's assumed investment rate of return. Such interest credit may not exceed 50% of the actual rate of return, and such interest credit shall not exceed 3%.
History: L. 2015, ch. 77, § 6; July 1.
(a) (1) A member who is appointed or employed prior to July 1, 1989, and who did not make an election pursuant to K.S.A. 74-4955a, and amendments thereto, may elect to participate in the DROP by making application in such form prescribed by the system at the attainment of age 55 and the completion of 20 years of credited service or at the completion of 32 years of credited service regardless of the age of such member.
(2) A member who is appointed or employed on or after July 1, 1989, or who made an election pursuant to K.S.A. 74-4955a, and amendments thereto, may elect to participate in the DROP by making application in such form prescribed by the system at the attainment of age 55 and the completion of 20 years of credited service, age 50 and the completion of 25 years of credited service or age 60 with the completion of 15 years of credited service.
(b) A member shall indicate on the application the DROP period such member wishes to participate in the DROP. A member may elect to participate in the DROP for a minimum of three years and may not participate for more than five years from the effective date of the election to participate in the DROP. A member may participate in the DROP only once. Once the application is accepted by the system, such member becomes a DROP participant. If a member fails to participate in the DROP for a minimum of three years, all of the member's interest credits shall be forfeited, unless such member retires due to disability as defined in K.S.A. 74-4952, and amendments thereto. A member who remains in active service at the expiration of the member's elected DROP period shall not be eligible for any additional interest credits. A member who first elected a DROP period of less than five years may extend, with the employer's authorization, such DROP period upon making application to the system. The total aggregate DROP period for a member shall be consecutive and shall not exceed five years from the effective date of the initial election to participate in the DROP.
(c) A member who makes an election under this section shall continue in the active service under the Kansas police and firemen's retirement system but shall not earn service credit under K.S.A. 74-4951 et seq., and amendments thereto, after the election's effective date. On and after the effective date of the member's election to participate, such member is ineligible to purchase service credit under K.S.A. 74-4901 et seq., and amendments thereto.
(d) Participation in the DROP by a member does not guarantee continued employment. During a member's participation in the DROP, employer contributions under K.S.A. 74-4967, and amendments thereto, and member contributions under K.S.A. 74-4965, and amendments thereto, shall be made to the retirement system. No member or employer contributions shall be applied to a member's DROP account.
History: L. 2015, ch. 77, § 7; L. 2021, ch. 75, § 5; July 1.
(a) For each DROP member, the board shall calculate a monthly DROP accrual. The system shall determine the DROP member's retirement benefit under K.S.A. 74-4958 or 74-4958a, and amendments thereto. In determining the retirement benefit, the system shall use the member's total service credit and final average salary as of the last day of the employer's payroll period immediately prior to the effective date of the member's election to participate in the DROP. Before entering the DROP, a member may elect to have such member's retirement benefit determined under one of the options provided in K.S.A. 74-4964 or 74-4964a, and amendments thereto, in lieu of having it determined in the form stated in K.S.A. 74-4958 or 74-4958a, and amendments thereto, except such member may not elect the lump sum payment option. During the DROP period, an amount equal to the monthly DROP accrual shall be credited to the member's DROP account. The calculation of the monthly DROP accrual will be calculated using the member's age and, if the member elected a joint and survivor option, the age of the beneficiary as of the calendar year which contains the beginning of the DROP period. The monthly DROP accrual shall comply with the requirements of section 401(a)(9) of the federal internal revenue code and treasury regulation § 1.401(a)9-6, Q&A-2(c).
(b) A member shall not receive a monthly retirement benefit, as calculated pursuant to K.S.A.
74-4958 or
74-4958a, and amendments thereto, until termination of such member's DROP participation and commencement of retirement. A DROP member shall not have any claim to any funds in such member's DROP account until such member retires at the termination of such member's DROP participation. Upon terminating DROP participation, a member is entitled to such member's retirement benefit, including any postretirement benefit adjustment for which the member is eligible and any change in the retirement benefit resulting from the recalculation of the member's final average salary as provided in subsection (c).
(c) A member may have such member's final average salary recalculated at the time of retirement to include any payments of the member's accumulated sick and annual leave compensation made at retirement. If the member's recalculated final average salary is higher than the final average salary used in calculating the member's monthly DROP accrual, the retirement benefit shall be based on the recalculated final average salary.
(d) An amount equal to the difference between the member's monthly DROP accrual and the monthly retirement benefit calculated under subsection (c), if any, times the number of months the member participated in the DROP, shall be credited as a lump sum to the member's DROP account at termination of participation and commencement of retirement. No interest shall be credited to such lump sum credit.
(e) If a member who selected a joint and survivor retirement benefit option dies during the DROP period, the joint survivor benefit shall be calculated as provided in subsection (c) and any lump sum credit that would have been payable to the member under subsection (d) shall be applied prior to distribution of the DROP account to the member's beneficiary as provided in K.S.A. 74-4986p(b), and amendments thereto.
History: L. 2015, ch. 77, § 8; L. 2016, ch. 76, § 8; July 1.
(a) A member's participation in the DROP ceases on the occurrence of the earliest of the following:
(1) Termination of the member's active service with a participating employer of the system;
(2) the last day of the member's elected DROP period that begins on the effective date of the member's election to participate in the DROP;
(3) retirement due to disability as defined in K.S.A. 74-4952, and amendments thereto; or
(4) the member's death.
(b) If a member dies before taking a distribution from such member's DROP account, the member's designated beneficiary shall receive a lump-sum payment equal to the member's DROP account balance, including any lump sum credited as provided in K.S.A. 74-4986o(d), and amendments thereto. If the DROP member has not named a beneficiary for such member's DROP account, the amount in the DROP account shall be paid to the beneficiary of the member's retirement benefit.
History: L. 2015, ch. 77, § 9; L. 2016, ch. 76, § 9; L. 2019, ch. 50, § 6; L. 2023, ch. 46, § 3; April 27.
(a) A member, who satisfies the requirements of this act, shall be entitled to a distribution of such member's DROP account, including any lump sum credited as provided in K.S.A. 74-4986o(d), and amendments thereto. Such distribution may be through any combination of the following payout options, each of which is subject to the applicable provisions of the federal internal revenue code and the applicable regulations of the internal revenue service:
(1) A direct rollover to an eligible retirement plan; or
(2) a lump-sum distribution.
(b) The board may specify minimum account balances for purposes of allowing benefit payment options and rollovers in accordance with federal law.
History: L. 2015, ch. 77, § 10; L. 2016, ch. 76, § 10; July 1.
The provisions of K.S.A. 74-4986k through 74-4986r, and amendments thereto, shall expire on January 1, 2031.
History: L. 2015, ch. 77, § 11; L. 2019, ch. 50, § 7; L. 2023, ch. 46, § 4; April 27.
(a) An agency of the state of Kansas by its chief executive officer, or a city by its governing body, whose employees or class of employees are the members of another retirement or pension system authorized by K.S.A. 13-14a01 et seq., 14-10a01 et seq., 74-20b01 et seq. or 74-7a01 [75-7a01] et seq., may request, by resolution adopted by the governing body or chief executive officer, the board of trustees of the Kansas public employees retirement system to submit a proposal for affiliation and consolidation of such other retirement or pension system with the Kansas police and firemen's retirement system, including an estimate of the contribution rate necessary to comply with the actuarial standards of the Kansas police and firemen's retirement system. Such proposal shall provide that:
(1) The operation of such other retirement or pension system shall be discontinued;
(2) The existing retirants, annuitants and pensioners of such other systems shall continue to be paid by Kansas police and firemen's retirement system on the basis of the benefits schedule applicable in such other system at the date of proposed consolidation;
(3) All cash or securities to the credit of such other system shall be transferred to the Kansas police and firemen's retirement system;
(4) Funds of such other system which represent accumulated contribution, if any, of members shall be credited to the employees accumulated contribution reserve and to the member's account of each employee. The balance of the fund so transferred to the Kansas police and firemen's retirement system shall be offset against the liability on account of existing retirants, annuitants, pensioners or active members;
(5) The resulting liability so determined shall be the basis for a rate contribution of such employer to be determined and certified in accordance with K.S.A. 74-4967;
(6) Any person who becomes an active contributing member of the Kansas police and firemen's retirement system by reason of such consolidation shall have and be entitled to the rights and benefits corresponding to the rights and benefits of active contributing members who were previously covered by the retirement or pension systems established under the provisions of K.S.A. 13-14a01 to 13-14a14, K.S.A. 14-10a01 to 14-10a15, K.S.A. 74-20b01 to 74-20b13 and K.S.A. 1969 Supp. 75-7a01 to 75-7a13, and any acts amendatory thereof; and
(7) Such consolidation shall take effect only on January 1 of any given year and such date shall be the entry date of such employer.
(b) Before any employer shall adopt a resolution for affiliation and consolidation, which resolution shall propose to accept the proposal of the board as provided in this section, at least sixty percent (60%) of the active contributing members of such other retirement or pension system, excluding retirants, annuitants and pensioners, shall approve in writing such consolidation. The board shall prescribe the manner in which such consent shall be exercised. No resolution for affiliation and consolidation may be adopted by an employer pursuant to the provisions of this act after January 1, 1972.
History: L. 1970, ch. 327, § 1; July 1.
(1) (a) Each person who is a member of a retirement system and who becomes a member of another retirement system shall receive credit under each such retirement system for credited service under the other retirement system for the purpose of satisfying any requirement for such person to complete certain periods of service to become eligible to receive a retirement benefit or disability benefit or for such person's beneficiaries to receive a death benefit. The retirement benefit which a person becomes eligible to receive under a retirement system shall be based only on credited service under such retirement system, except that the determination of final average salary under such retirement system shall include the compensation received as a member of each other retirement system if such compensation is higher. Except as provided in subsection (1)(b), such retirement benefit shall become payable upon the member submitting an application to retire under each system, except that a member who is not eligible to retire under the retirement system to which such member is not currently making contributions because such member does not meet the age requirements of the earliest retirement date of such system may retire, upon meeting the requirements for retirement, under the provisions of the retirement system which the member had been most recently making contributions. No further rights and benefits will accrue under the retirement system to which the member is not currently making contributions after the date the member retires from the system from which the member had been most recently making contributions and the member will be retired and benefits shall commence on the date that the member would first have attained retirement age from the system to which the member is not currently making contributions. If the member does not meet the age requirements of the earliest retirement date under the retirement system to which such member is not currently making contributions but used credited service under such system for the purpose of satisfying any requirement for such person to complete certain periods of service to become eligible to receive a retirement benefit from the member's current system, the member's account under the system to which such member is not currently making contributions shall be withdrawn the month immediately following the member's retirement in a form and manner as determined by the board. Members who are covered under the provisions of K.S.A. 74-49,201 et seq., and amendments thereto, may use service from any system under the Kansas public employees retirement system, K.S.A. 74-4901 et seq., and amendments thereto, to attain a vested benefit pursuant to the provisions of K.S.A. 74-49,201 et seq., and amendments thereto.
(b) The requirement that a member shall submit an application to retire under each system before becoming eligible to receive any retirement system benefits shall not apply to any member who was active and contributing to one retirement system and who was inactive in another retirement system on July 1, 1995.
(2) Any member who is not otherwise eligible for service credit as provided for in subsection (1)(a) of K.S.A. 74-4913 or subsection (1)(a) of K.S.A. 74-4936, and amendments thereto, may be granted credit for the service upon the attainment of 38 quarters of participating service in any retirement system as defined in subsection (3)(b) or upon retirement.
(3) As used in this section:
(a) "Member" means a person who has attained membership in a retirement system, who has not retired under such retirement system and who has not withdrawn such person's accumulated contributions for such retirement system; and
(b) "retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system and the retirement system for judges.
History: L. 1982, ch. 319, § 1; L. 1984, ch. 289, § 16; L. 1991, ch. 237, § 20; L. 1995, ch. 267, § 26; L. 1996, ch. 266, § 17; L. 1998, ch. 201, § 43; L. 2008, ch. 113, § 15; July 1.
(1) (a) Except as provided in paragraph (b), pursuant to the provisions of K.S.A. 74-49,128, and amendments thereto, upon the death of a retirant, the board of trustees of the Kansas public employees retirement system shall pay a lump-sum death benefit to: (i) The retirant's beneficiary that shall not exceed $6,000 for such retirant, less any amount payable for funeral benefits under the applicable provisions of any local police or fire pension plan, as defined by K.S.A. 12-5001(c), and amendments thereto; or (ii) a funeral establishment as directed by the retirant and filed in the office of the system prior to such retirant's death.
(b) Notwithstanding the provisions of K.S.A. 74-4923, and amendments thereto, any amounts owed the system shall be deducted from such lump-sum death benefit.
(2) As used in this section, "retirant" means any person who is a member or special member of the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system or the retirement system for judges and who has retired.
History: L. 1982, ch. 319, § 2; L. 1983, ch. 254, § 18; L. 1985, ch. 254, § 21; L. 1986, ch. 294, § 13; L. 1987, ch. 299, § 32; L. 1993, ch. 227, § 48; L. 1994, ch. 293, § 23; L. 1995, ch. 267, § 27; L. 2000, ch. 152, § 25; L. 2001, ch. 209, § 43; L. 2024, ch. 65, § 14; July 1.
(1) An arrearage obligation shall arise when it is ascertained that required contributions have not been made to the Kansas public employees retirement system at the required time. Such arrearage obligation shall be met by the employer by preparing a report on the appropriate form to correct all previous reports affected by the arrearage obligation. Such report shall be submitted by the employer with the first report after such an arrearage obligation is discovered or as the board of trustees of the system may otherwise prescribe. The proper remittance to cover employer and employee contributions in arrearage shall accompany such report or as the board of trustees of the system may otherwise prescribe for all arrearages other than for the year of service as provided in K.S.A. 74-4911, and amendments thereto. In addition, the employer will pay to the system, interest at the current actuarial interest rate assumption adopted by the board. If the employee retires within 24 months of the employer first reporting this arrearage, the employer will pay to the system a lump-sum amount equal to the difference of the actuarial present value of the retirement benefit and the accumulated value of any contributions represented by the arrearage. No employee shall pay all or any part of the arrearage. The amounts due for an arrearage obligation shall be based upon the compensation paid to the member and at the rates in effect at the time the contributions were originally due to be paid to the system. The employer shall not be required to pay the employee contributions or interest on arrearages of six month or less.
(2) An arrearage obligation shall arise when it is ascertained that the employee and employer should have made contributions to the Kansas public employees retirement system for all or part of the year of service as provided in K.S.A. 74-4911, and amendments thereto. Such arrearage obligation shall be met by the employer by preparing a report on the appropriate form to correct all previous reports affected by the arrearage obligation. Such report shall be submitted by the employer with the first report after such an arrearage obligation is discovered or as the board of trustees of the system may otherwise prescribe. The proper remittance to cover employer contributions in arrearage shall accompany such report or as the board of trustees of the system may otherwise prescribe. The amounts due for an arrearage obligation shall be based upon compensation paid to the member and at the rates in effect at the time contributions were originally due to be paid to the system.
(3) In the event the proper remittance to cover employee contributions in arrearage does not accompany such report, service credits for that period of employment involving the arrearage obligation may be purchased by the member as participating service at any time prior to retirement by making application therefor and paying to the system a single lump-sum amount determined by the system's actuary using (a) the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, and (b) the actuarial assumptions and tables currently in use by the system.
(4) Except as otherwise provided in this section, any member may purchase participating service credits for that period of employment involving the arrearage obligation as described in this section, if first commenced prior to January 1, 1996, by electing to effect such purchase by means of having employee contributions as provided in K.S.A. 74-4919, and amendments thereto, deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such deductions shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any person may make any such purchase as described in this section, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased.
(5) Notwithstanding the provisions of this section, no employee contributions shall be due and owing for stipulated compensation amounts paid to any employee or former employee of a city of the first class whose dispute with such city was settled by stipulation of settlement either in Case No. 90-2328-0 in the United States District Court for the District of Kansas or in Case No. 91-1182 in the Supreme Court of the United States. Any such employee or former employee may elect to remit such employee contributions to the system. No employee or former employee whose contributions are deemed not to be due or owing or who did not elect to remit such employee contributions to the system as provided in this section according to this provision shall have any claim against the Kansas public employees retirement system for any retirement, disability, death or survivors benefit or any return of accumulated contributions based on such contributions or on the compensation amounts that would have been reflected by such contributions.
History: L. 1982, ch. 319, § 11; L. 1990, ch. 282, § 19; L. 1993, ch. 227, § 49; L. 1994, ch. 293, § 24; L. 1995, ch. 267, § 28; L. 1998, ch. 201, § 44; L. 2006, ch. 143, § 23; July 1.
Each person who was a member of the legislature on January 1, 1974, and each person who serves as a member of the legislature after January 1, 1974, and each former member of the legislature who is eligible to receive benefits or who will become eligible to receive benefits under the provisions of K.S.A. 1972 Supp. 46-1301, as they existed on the day preceding the effective date of this act, shall become an eligible employee on the entry date or upon taking the oath of office for the office to which such person is elected if such election occurs after the entry date of such person's employer. The entry date of the state of Kansas relating to all members of the legislature or former members of the legislature covered by this act shall be January 1, 1974. "Members of the legislature" as used in this act shall mean any person elected or appointed to the legislature.
History: L. 1973, ch. 329, § 1; L. 1975, ch. 413, § 2; April 25.
(a) Any such member of the legislature or former member of the legislature as described in K.S.A. 74-4991, and amendments thereto, shall become a member on entry date or upon filing with the board an irrevocable election to become or not to become a member of the system. In the event that any such member of the legislature or former member of the legislature fails to file the election to become a member of the retirement system, it shall be presumed that such member of the legislature or former member of the legislature has elected not to become a member. The election to participate shall become effective immediately upon making such election, if such election is made within 14 days of taking the oath of office or, otherwise, on the first day of the first payroll period of the first quarter following receipt of the election in the office of the retirement system. On and after July 1, 2006, all members of the legislature shall also make the election required by the provisions of K.S.A. 74-4995, and amendments thereto, related to the rate of compensation at which such members shall participate for purposes of K.S.A. 74-4991 et seq., and amendments thereto.
(b) Any member of the legislature who had attained membership in the Kansas public employees retirement system prior to taking the oath of office as a member of the legislature may elect not to participate in the Kansas public employees retirement system for the purpose of service as a member of the legislature. This election, which is irrevocable, must be filed within the offices of the system. Any member of the legislature who is a member of the retirement system on the effective date of this act and was a member of the retirement system at the time of taking the oath of office may elect not to participate in the retirement system for service as a member of the legislature if such irrevocable election is filed within the offices of the system.
(c) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, any member of the legislature who elected not to participate in the retirement system, and who is not a contributing member with any other participating employer, may purchase such participating service by making a single lump-sum payment in an amount determined by the actuary using the then current rate of compensation and the actuarial assumptions and tables currently in use by the system.
(d) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, except as otherwise provided in this section, any member of the retirement system may purchase participating service credit for employment service as described in this section, if first commenced prior to January 1, 1996, by electing to effect such purchase by means of having employee contributions as provided in K.S.A. 74-4919, and amendments thereto, deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, for such periods of service in lieu of a lump-sum amount as provided in this section. Such deductions shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any person may make any such purchase as described in this section, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919, and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased.
History: L. 1973, ch. 329, § 2; L. 1975, ch. 413, § 3; L. 1984, ch. 289, § 17; L. 1985, ch. 254, § 22; L. 1990, ch. 282, § 20; L. 1993, ch. 227, § 50; L. 1995, ch. 267, § 29; L. 1998, ch. 64, § 87; L. 1998, ch. 201, § 45; L. 2006, ch. 143, § 24; July 1.
Upon becoming a member as that term is defined in subsection (21) of K.S.A. 74-4902 members of the legislature or former members of the legislature as described in K.S.A. 74-4991, shall be entitled to and governed by all the provisions relating to rights, powers, duties, liabilities and benefits for members, their dependents and beneficiaries. For the purposes of this act the member's prior service annual salary shall be computed by multiplying by twelve (12) the highest monthly compensation received as such member of the legislature in the year immediately preceding the entry date as defined in this act or in the last year during which he or she served as a member of the legislature.
History: L. 1973, ch. 329, § 3; L. 1975, ch. 413, § 4; April 25.
(1) No person who becomes a member as provided in this act shall be entitled to a duplication of service credit or benefits under the Kansas public employees retirement system.
(2) If a member of the legislature or former member of the legislature who becomes a member as provided in this act is or becomes a member of the Kansas public employees retirement system by reason of other employment such member or former member's compensation received from all participating employers shall be combined to compute the prior service annual salary and the final average salary as those terms are defined herein and in K.S.A. 74-4902 and amendments thereto in the manner prescribed by the board.
(3) Service credit shall be granted as prescribed in K.S.A. 74-4913 and amendments thereto except that:
(a) No more than one calendar month of prior service credit shall be granted for employment with all employers within any one calendar month of prior service;
(b) no more than one calendar quarter of participating service credit shall be granted for employment with all employers in any one calendar quarter of participating service; and
(c) prior service credit shall be granted for all service as a member of the legislature prior to entry date.
(4) If a member of the legislature or former member of the legislature becomes a member as provided in this act and was also a member of another retirement plan or system authorized by the laws of this state in operation on the entry date such member shall be entitled to all rights and privileges including but not limited to crediting of service and receiving of benefits under such other retirement plan notwithstanding attainment of membership in the Kansas public employees retirement system as provided herein.
(5) After January 14, 1991, if a member of the legislature is or becomes a member of the Kansas public employees retirement system, the retirement system for judges or the Kansas police and firemen's retirement system by reason of other employment, compensation received as a member or special member of the system as a result of service as a member of the legislature shall not be added to or included with compensation from other employment for the purpose of any benefits resulting from service credit under any of the aforementioned systems for service which was not as a member of the legislature. Any amounts deducted and remitted from compensation for such service while also receiving compensation as a member of the legislature shall be refunded to the member or special member. The provisions of this subsection shall not apply to service of a member of the legislature which was not service as a member of the legislature when such service not as a member of the legislature is required or mandated by law for a member or officer of the legislature.
History: L. 1973, ch. 329, § 4; L. 1975, ch. 413, § 5; L. 1990, ch. 282, § 21; July 1.
(a) Employer and employee contributions shall be governed by the provisions of K.S.A. 74-4919 and 74-4920, and amendments thereto. For purposes of contributions to and benefits under the Kansas public employees retirement system, compensation of a member of the legislature under this act shall be a monthly amount equal to: (1) The compensation to which the member was entitled for services as a member of the legislature during the first 30 calendar days of the most recent session in which the member has served; and (2) any amount to which the member makes an election pursuant to this subsection. In addition to the provisions of subsection (a)(1) and any election made pursuant to this subsection, the compensation of a member shall include an additional five days of compensation to which such member was entitled for services as a member of the legislature of the most recent session in which the member has served beyond the days provided for in subsection (a)(1). In addition to the provisions of subsection (a)(1), a member of the legislature may elect to participate with a rate of compensation that includes: (A) For service as a member after July 18, 1982, a monthly amount equal to 1/12 of the annualized amount received for monthly allowance under subsection (c) of K.S.A. 46-137a, and amendments thereto; (B) a monthly amount equal to 1/12 of the annualized amount received for expenses allowance under subsection (b) of K.S.A. 46-137a, and amendments thereto; or (C) an amount equal to the combined amounts provided for in subsections (2)(A) and (2)(B). A member of the legislature who has filed an election to become a member of the system pursuant to the provisions of K.S.A. 74-4992, and amendments thereto, prior to July 1, 2006, shall file an election with the system to include any amounts specified in subsection (2)(A), (2)(B) or (2)(C) prior to August 1, 2006, except that nothing contained in this act shall be construed to permit a member of the legislature who has made an election pursuant to this section prior to the effective date of this act to revoke any such election previously made by such member. In the event that any such member fails to file such election prior to August 1, 2006, it shall be presumed that such member has elected to not include any amounts specified in subsection (2)(A), (2)(B) or (2)(C), and participate at a rate of compensation that includes only the amount provided in subsection (a)(1). A member of the legislature who files an election to become a member of the system pursuant to the provisions of K.S.A. 74-4992, and amendments thereto, on and after July 1, 2006, shall file an election with the system to include any amounts specified in subsection (2)(A), (2)(B) or (2)(C) at the same time that such member files the election to become a member of the system. In the event that any such member fails to file such election, it shall be presumed that such member has elected to not include any amounts specified in subsection (2)(A), (2)(B) or (2)(C), and participate at a rate of compensation that includes only the amount provided in subsection (a)(1).
(b) The employee rate of contribution shall be applied to any amounts to which a member has elected pursuant to the provisions of subsection (a)(2). The employee and employer contributions shall be remitted to the system quarterly with a report of such contributions as may be required by the board. Any changes in a member's rate of compensation and contributions as a result of any election mandated by this section for a member of the legislature who had filed an election to become a member of the system prior to July 1, 2006, shall be effective on October 1, 2006. All such elections pursuant to this section shall be in the form and manner prescribed by the board of trustees.
(c) Any member of the legislature making the election pursuant to subsection (a)(2) may not revoke such election while they remain a participating employee for service as a member of the legislature.
History: L. 1973, ch. 329, § 5; L. 1982, ch. 319, § 43; L. 1985, ch. 254, § 23; L. 1990, ch. 282, § 22; L. 2006, ch. 143, § 25; L. 2012, ch. 171, § 27; July 1.
This act or acts amendatory hereof and supplemental hereto shall become a part of the Kansas public employees retirement act as defined in subsection (2) of K.S.A. 74-4902 and shall be governed thereby in all respects, except if words and phrases herein used appear to have a different meaning, the provisions of this act shall prevail. The first retirement date under this act will be January 1, 1974. No member shall be entitled to receive the retirement benefits provided for under the provisions of this act while serving as a member of the legislature as described in K.S.A. 74-4991.
History: L. 1973, ch. 329, § 6; L. 1975, ch. 413, § 6; April 25.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1973, ch. 329, § 7; July 1.
Nothing in this act shall affect any right or interest that any legislator may have acquired under K.S.A. 1972 Supp. 46-1301, unless such a person elects to become a member under this act, in which case such person shall be deemed to have waived all rights he had or may have had under said 46-1301.
History: L. 1973, ch. 329, § 8; July 1.
(1) Each person who has served as a member of the Kansas legislature, whose service as a member of the Kansas legislature was not covered by the federal social security act and who had 10 or more years of such service prior to January 1, 1974, shall become a member of the Kansas public employees retirement system upon receipt by the board of trustees of the system of an application in a manner prescribed by the board of trustees.
(2) Any person becoming a member of the system under this section shall receive prior service credit for all service as a member of the legislature which is not covered by the federal social security act. No service credit shall be granted under the provisions of this section for service as a member of the legislature while not covered by the federal social security act for any service which has previously been credited under the system.
(3) Any member of the system, who has become a member of the system prior to the effective date of this act and who has had 10 or more years of service as a member of the legislature while not covered by the federal social security act prior to January 1, 1974, shall receive prior service credit for any such service which has not previously been credited under the system.
(4) Benefits for prior service credited under this section shall accrue from the first day of the month coinciding with or following a receipt of the application and verification by the board of trustees under this section. For members receiving prior service credit under the provisions of this section, benefits for such service shall be computed on the basis of a prior service annual salary of $3,720 unless such member has a prior service annual salary or final average salary which is greater. However, in no event will the monthly calculated benefit for the retirant be less than $50 per month.
(5) The surviving spouse of any deceased former member of the legislature whose service prior to January 1, 1974, was not covered by social security and who would have been otherwise eligible for benefits under this section except for being deceased, may receive benefits under the provisions of this section under the joint and ½ to joint annuitant survivor option as though the deceased former member of the legislature had been eligible for benefits under this section and had retired on the date of death. Such benefits shall be payable only if the surviving spouse was the spouse of the deceased on the date of death. Such benefits shall accrue from the first day of the month coinciding with or following the receipt of an application in a manner prescribed by the board of trustees.
History: L. 1982, ch. 319, § 47; L. 1986, ch. 294, § 14; L. 1988, ch. 302, § 17; July 1.
(a) Any elected state official shall become a special member of the Kansas public employees retirement system upon filing with the board an election to become a special member of the system. The election to become a special member shall be made by November 18, 1988, or within 30 days after the elected state official takes the oath of office, whichever is later, except that no election to become a special member shall be made after the effective date of this act. In the event that any such elected state official fails to file the election to become a special member of the retirement system, it shall be presumed that such elected state official has elected not to become a special member. The election to participate shall become effective on the first day of the first payroll period coinciding with or following receipt of the election in the office of the retirement system. The election shall remain in effect until the member ceases to serve as an elected state official or as otherwise provided by law. On or after July 1, 1991, no elected state official shall be a special member for purposes of this act for any service for any payroll period during any term of office which commences after the effective date of this act. Any elected state official who has become a special member as provided in K.S.A. 74-4998b et seq. and amendments thereto may elect to revoke such elected state official's status as a special member by filing with the board an election to revoke such special member status. The election to revoke such elected state official's status as a special member shall become effective on the first day of the first payroll period coinciding with or following receipt of such election in the office of the retirement system. Any service during such period when such elected state official was a special member shall be credited as a member and not as a special member after receipt of such elected state official's election to revoke such special member status in the office of the retirement system. Any contributions made by such elected state official as a result of such elected state official's election to become a special member which exceed the contributions which would have been made by the elected state official as a member and not as a special member shall be returned upon separation of service to such elected state official after receipt of such elected state official's election to revoke such special member status in the office of the retirement system.
(b) As used in this act, "elected state official" means any member of the legislature, or a former member of the legislature, the governor, the lieutenant governor, the secretary of state, the attorney general, the commissioner of insurance and the state treasurer; and any person who formerly served in any such capacity who has 10 or more years of credited service and who has not yet retired or withdrawn such person's accumulated contributions.
History: L. 1988, ch. 302, § 20; L. 1991, ch. 238, § 4; L. 1998, ch. 64, § 88; July 1.
(a) Except as otherwise provided in this section, for all payroll periods commencing on or after July 1, 1988, but prior to the end of the term of office in which such elected official is serving on the effective date of this act, each elected state official shall contribute 5% of the elected state official's salary for each payroll period to the fund. For all payroll periods commencing on or after July 1, 1988, but prior to the end of the term of office in which such elected official is serving on the effective date of this act, the employer shall deduct from the compensation of each member who has received 30 years of credited service 2% of such member's compensation as employee contributions. Each elected state official shall make contributions as provided in K.S.A. 74-4919, and amendments thereto, in lieu of contributions as provided in this section, for all payroll periods during any term of office of such elected state official which commences after the effective date of this act. The provisions of K.S.A. 74-4919c, 74-4919d, 74-4919e, 74-4919h or 74-4919j, and amendments thereto, shall apply to elected state officials, except that, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, such elected state officials shall purchase prior and participating service credit at the rate of 10% or 15% for the payroll periods commencing on or after July 1, 1988, but prior to the end of the term of office in which such elected official is serving on the effective date of this act.
(b) The director of accounts and reports shall deduct the amount each elected state official is to contribute to the fund on the payroll of each elected state official for each payroll period showing the amount deducted and its credit to the fund. Such deductions shall be remitted as the board may provide, to the executive director of the Kansas public employees retirement system for credit to the fund to the credit of the elected state official's individual account therein.
(c) For purposes of contributions to and benefits under the Kansas public employees retirement system of such elected state officials who are members of the legislature, the salary or compensation of such elected state official shall be as provided in K.S.A. 74-4995, and amendments thereto.
(d) (1) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, the state of Kansas pursuant to the provisions of section 414(h)(2) of the federal internal revenue code of 1986, as in effect on July 1, 2008, shall pick up and pay the contributions which would otherwise be payable by elected state officials as prescribed in subsection (a) commencing with the effective date of this act. Contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the elected state official's compensation.
(2) Member contributions picked up by the state shall be paid from the same source of funds used for the payment of compensation to an elected state official. A deduction shall be made from each elected state official's compensation equal to the amount of the elected state official's contributions picked up by the state, provided that such deduction shall not reduce the elected state official's compensation for purposes of computing benefits under the retirement system.
(3) Member contributions picked up by the state shall be remitted as the board may provide, to the executive director for credit to the Kansas public employees retirement fund.
(e) No former member of the legislature shall be required to make contributions as otherwise required by this section.
History: L. 1988, ch. 302, § 21; L. 1990, ch. 282, § 23; L. 1991, ch. 238, § 5; L. 1998, ch. 64, § 89; L. 2001, ch. 209, § 44; L. 2008, ch. 113, § 16; July 1.
(a) An elected state official who retires under K.S.A. 74-4914 and amendments thereto, shall be entitled to receive an annuity subject to subsection (b), each monthly payment of which shall be equal to the sum of: (1) (A) An amount equal to the total of 2% of the final average salary of the elected state official, determined as provided in subsection (b), multiplied by the number of the elected state official's years of credited service prior to the end of the term of office in which such elected state official is serving on the effective date of this act as determined on the date the member ceased to serve as an elected state official, if such elected state official made an election to become a special member by November 18, 1988, or within 30 days after the elected state official takes the oath of office for the first time if such elected state official takes the oath of office for the first time prior to July 1, 1990; or (B) if such elected state official made such election to become a special member at a time subsequent to July 1, 1990, such monthly payment shall be in an amount equal to 2% of the final average salary of the elected state official, determined as provided in subsection (b), multiplied by the number of elected state official's years of credited service after the date of the election to become a special member prior to the end of the term of office in which such elected state official is serving on the effective date of this act as determined on the date the member ceased to serve as an elected state official; and (2) an amount as determined in K.S.A. 74-4915 and amendments thereto for such elected state official's years of credited service during any term of office which commences after the effective date of this act. Such monthly benefits shall not exceed 60% of the final average salary of such elected state official, determined as provided in subsection (b).
No elected state official shall retire under the provisions of this act prior to February 1, 1989.
(b) For purposes of benefits accrued as an elected state official, any elected state official who retires under K.S.A. 74-4914 and amendments thereto, on or after February 1, 1989, the annuity shall be based on the final average salary of such elected state official as provided in this subsection. For all periods of credited service prior to the end of the term of office in which such elected state official is serving on the effective date of this act, the final average salary shall mean the average highest annual salary paid to the elected state official for any three years of participating service immediately preceding retirement or termination of employment, or if participating service is less than three years, then the final average salary shall be the average annual salary paid to the member during the full period of participating service, or if participating service is less than one year, then the final average salary shall be computed by multiplying the amount of monthly salary such member was receiving at time of retirement by 12. For all periods of credited service during any term of office which commences after the effective date of this act, the final average salary shall be as provided in K.S.A. 74-4902 and amendments thereto.
(c) An elected state official may elect to have such elected state official's retirement annuity paid under one of the options provided in K.S.A. 74-4918 and amendments thereto in lieu of having it paid in the form provided in this section. Such election shall be subject to the provisions of K.S.A. 74-4918 and amendments thereto.
History: L. 1988, ch. 302, § 22; L. 1990, ch. 282, § 32; L. 1991, ch. 238, § 6; July 1.
If an elected state official has completed eight years of credited service at date of termination, such elected state official automatically shall be granted a vested retirement benefit in the system, except that at any time prior to the commencement of retirement benefit payments the elected state official may withdraw accumulated contributions, whereupon no other benefits shall be payable for such elected state official's prior and participating service credit. Eligibility of such elected state official for retirement benefits and procedures for making application for retirement benefits shall be in accordance with K.S.A. 74-4914 and amendments thereto. Such elected state official shall make application for retirement in such form as may be prescribed by the board and retirement benefits shall accrue from the first day of the month following receipt of such application. The amount of the retirement benefit shall be determined as provided in K.S.A. 74-4915 and amendments thereto.
History: L. 1988, ch. 302, § 23; July 1.
(a) The board shall certify, on or before July 15 of each year, to the division of budget an actuarially determined estimate of the rate of contribution which will be required, together with all elected state official's contributions and other assets of the retirement system to pay all liabilities which shall exist or accrue under the provisions of this act. The rate of contribution for the state determined under this section shall not include the costs of administration of the system. The rate of contribution certified as provided in this section will first apply to the fiscal year commencing in calendar year 1988. For the fiscal year commencing in calendar year 1991, the employer rate of contribution for the state shall be 7.9% of the amount of compensation upon which the elected state officials contribute during the period.
(b) The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personal services the sum required to satisfy the state's obligation under the provisions of this act as certified by the board and shall present the same to the legislature for allowance and appropriation.
History: L. 1988, ch. 302, § 24; L. 1991, ch. 237, § 14; July 1.
Except as specifically provided, the provisions of K.S.A. 74-4998b through 74-4998f and amendments thereto shall be part of and supplemental to the provisions of K.S.A. 74-4901 et seq. and amendments thereto and shall be governed thereby in all respects, including, but not limited to, the provisions of K.S.A. 74-49,123 and amendments thereto.
History: L. 1988, ch. 302, § 25; L. 1998, ch. 64, § 90; July 1.
(a) As used in this section, "member of the retirement system for court reporters" means any official court reporter who, under the law in effect prior to July 1, 1975, had been making the required contributions to the Kansas retirement fund for official court reporters, or any former official court reporter who, under the law in effect prior to July 1, 1975, shall have made the required contributions to the Kansas retirement fund for official court reporters and shall have not received a refund of such contributions.
(b) On and after July 1, 1975, every member of the retirement system for court reporters who has not retired thereunder shall be a member of the Kansas public employees retirement system and, except as otherwise provided in this act, shall be subject to the provisions of K.S.A. 74-4901 to 74-4929, inclusive, and acts amendatory thereof or supplemental thereto.
(c) On and after July 1, 1975, every person who has retired and has been receiving or is eligible to receive an annuity from the Kansas retirement fund for official court reporters, and every other person who has been receiving benefits from the Kansas retirement fund for official court reporters shall be a special member of the Kansas public employees retirement system and, except as otherwise provided in this act, shall be subject to the provisions of K.S.A. 74-4901 to 74-4929, inclusive, and acts amendatory thereof or supplemental thereto.
History: L. 1975, ch. 191, § 1; July 1.
(a) On July 1, 1975, the Kansas retirement fund for official court reporters created by K.S.A. 20-2702 is hereby abolished and the state treasurer shall transfer all moneys and other assets in such Kansas retirement fund for official court reporters to the Kansas public employees retirement fund created by K.S.A. 74-4921 and amendments thereto. For the purposes of all assets other than money, such transfer shall be at the market value of such assets at the close of business on the date of transfer, which shall be the bid price as quoted by a nationally recognized government bond dealer.
(b) On July 1, 1975, and as a part of the transfer of moneys and other assets of the Kansas retirement fund for official court reporters to the Kansas public employees retirement fund, the accounts in the Kansas public employees retirement fund of persons who become members or special members of the Kansas public employees retirement system pursuant to K.S.A. 74-4999 and amendments thereto, shall be credited with the contributions in their respective accounts in the Kansas retirement fund for official court reporters.
(c) On and after July 1, 1975, the board of trustees of the Kansas public employees retirement system may execute transfer endorsements for any stock or security which was transferred from the Kansas retirement fund for official court reporters to the Kansas public employees retirement fund pursuant to subsection (a). Any such endorsement may be made either in the name of the Kansas public employees retirement fund or in the name of the Kansas retirement fund for judges.
(d) On and after July 1, 1975, whenever the Kansas retirement fund for official court reporters, or words of like effect, is referred to or designated by a statute or contract or other document, such reference or designation shall be deemed to apply to the Kansas public employees retirement fund.
(e) On and after July 1, 1975, whenever the Kansas official court reporters retirement board, or words of like effect, is referred to or designated by a statute or contract or other document, such reference or designation shall be deemed to apply to the board of trustees of the Kansas public employees retirement system.
(f) The rights of members of the Kansas retirement fund for official court reporters in benefits accrued to the date of termination, to the extent funded, or the amounts in such member's accounts are nonforfeitable.
History: L. 1975, ch. 191, § 2; L. 1998, ch. 64, § 91; July 1.
The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personal services the sum required to satisfy the state's obligation under this act as certified by the board of trustees of the Kansas public employees retirement system pursuant to K.S.A. 74-4920, and shall present the same to the legislature for allowance and appropriation, except that for the fiscal year beginning July 1, 1975, the rate of contribution of the state for persons who become members of the Kansas public employees retirement system pursuant to subsection (b) of K.S.A. 74-4999, shall be six and four-tenths percent (6.4%) of the amount of compensation on which such persons contribute during such fiscal year.
History: L. 1975, ch. 191, § 3; July 1.
Beginning with the first payroll for services performed after July 1, 1975, of each person who is a member of the Kansas public employees retirement system pursuant to subsection (b) of K.S.A. 74-4999 and amendments thereto, the employer shall deduct from the compensation of such person 4% of such person's compensation as employee contributions. Such deductions shall be remitted quarterly, or as the board of trustees of the Kansas public employees retirement system may otherwise provide, to the executive director of the system for credit to the Kansas public employees retirement fund. Such deductions shall be credited to the members' individual accounts and interest shall be added annually to such accounts beginning as provided in subsection (d) of K.S.A. 74-49,103 and amendments thereto.
History: L. 1975, ch. 191, § 4; L. 1990, ch. 282, § 24; L. 2001, ch. 209, § 45; May 31.
Each person who is a member of the Kansas public employees retirement system pursuant to subsection (b) of K.S.A. 74-4999 shall:
(a) Receive prior service credit thereunder for all service credited prior to January 1, 1962, under the provisions of K.S.A. 20-2701 to 20-2713, inclusive, as the same existed prior to the effective date of this act;
(b) receive participating service credit thereunder for all service credited on and after January 1, 1962, under the provisions of K.S.A. 20-2701 to 20-2713, inclusive, as the same existed prior to the effective date of this act;
(c) have a prior service salary thereunder which is the greater of either the amount which is provided for in K.S.A. 74-4902(27) or the compensation paid for the last full year of service as an official court reporter prior to January 1, 1962; and
(d) have interest first credited to their individual accounts in the Kansas public employees retirement fund on July 1, 1976.
History: L. 1975, ch. 191, § 5; July 1.
The normal retirement date for any person who is a member of the Kansas public employees retirement system pursuant to subsection (b) of K.S.A. 74-4999 and amendments thereto and who retires on or after July 1, 1994, shall be the first day of the month coinciding with or following the attainment of age 65 or age 62 with the completion of 10 years of credited service or the first day of the month coinciding with or following the date that the total of the number of years of credited service and the number of years of attained age of the person is equal to or more than 85. Any such person may retire before such member's normal retirement date on the first day of any month coinciding with or following the attainment of age 55 with the completion of 10 years of credited service, upon the filing with the office of the retirement system of an application for retirement in such form and manner as the board may prescribe. Any member who retires before such member's normal retirement date as provided in this subsection shall have such member's retirement benefit determined as provided in subsection (2) of K.S.A. 74-4915 and amendments thereto. Notwithstanding any provision of K.S.A. 74-4915 and amendments thereto to the contrary, any person who is a member of the Kansas public employees retirement system pursuant to subsection (b) of K.S.A. 74-4999 and amendments thereto and who retires on or after July 1, 1975, shall be entitled to the greater total retirement benefit of the following:
(a) The retirement benefit provided for in K.S.A. 74-4915 and amendments thereto; or
(b) the retirement benefit provided for members of the retirement system for court reporters, as such phrase is defined in subsection (a) of K.S.A. 74-4999 and amendments thereto, under the laws in effect on the date immediately preceding the effective date of this act; or
(c) The retirement benefit provided for members of the retirement system for court reporters, as such phrase is defined in subsection (a) of K.S.A. 74-4999 and amendments thereto, under the laws in effect on the date immediately preceding July 1, 1975, except that such benefit shall be computed on the basis of final average salary, as such phrase is defined in subsection (17) of K.S.A. 74-4902 and amendments thereto, and there shall be no reduction in such payments for any benefits which such member is receiving or is eligible to receive under the federal social security act. As used in this section and K.S.A. 74-49,106 and amendments thereto, "federal social security act" includes the Kansas and federal old-age survivors and disability insurance acts.
Each person who is a member of the Kansas public employees retirement system pursuant to subsection (a) of K.S.A. 74-4999 and amendments thereto and who retired prior to July 1, 1982, shall have such member's retirement benefit recalculated under this section as amended by this act. If such recalculation results in an increase in such member's retirement benefit, such increase shall accrue and be payable to such member on and after July 1, 1982.
History: L. 1975, ch. 191, § 6; L. 1982, ch. 319, § 44; L. 1994, ch. 293, § 25; July 1.
Every retirement benefit received by any person under subsection (b) of K.S.A. 74-49,104, and amendments thereto, shall be exempt from any tax of the state of Kansas or any political subdivision or taxing body of the state; shall not be subject to execution, garnishment, attachment or except as otherwise provided, any other process or claim whatsoever; and shall be unassignable. Any retirement benefit due and owing to any person under subsection (b) of K.S.A. 74-49,104, and amendments thereto, is subject to claims of an alternate payee under a qualified domestic relations order. As used in this subsection, the terms "alternate payee" and "qualified domestic relations order" shall have the meaning ascribed to them in section 414(p) of the internal revenue code of 1986, as amended as in effect on July 1, 2008, and as applicable to a governmental plan. The provisions of this act shall apply to any qualified domestic relations order which was filed or amended either before or after July 1, 1994.
History: L. 1975, ch. 191, § 7; L. 1982, ch. 152, § 25; L. 1994, ch. 293, § 26; L. 1998, ch. 64, § 92; L. 2008, ch. 113, § 17; July 1.
(a) Each person who is a special member of the Kansas public employees retirement system under subsection (c) of K.S.A. 74-4999 shall be entitled to receive from the Kansas public employees retirement system a retirement benefit, annuity, pension or other benefit to the same extent and subject to the same conditions as existed under the laws in effect on the day immediately preceding the effective date of this act, except that each person who is a special member of the Kansas public employees retirement system pursuant to subsection (c) of K.S.A. 74-4999 shall have such person's retirement benefit, annuity, pension or other benefit recalculated under subsection (c) of K.S.A. 74-49,104 and amendments thereto. If such recalculation results in an increase in such special member's retirement benefit, annuity, pension or other benefit, such increase shall accrue and be payable to such special member on and after July 1, 1982.
(b) Every retirement benefit, annuity, pension or other benefit received by any person pursuant to subsection (a) shall be exempt from any tax of the state of Kansas or any political subdivision or taxing body of the state; shall not be subject to execution, garnishment, attachment or any other process or claim whatsoever, including decrees for support or maintenance; and shall be unassignable.
History: L. 1975, ch. 191, § 8; L. 1982, ch. 319, § 45; L. 1982, ch. 152, § 26; January 1, 1983.
The provisions of K.S.A. 74-4999 through 74-49,107 and amendments thereto, shall be administered by the board of trustees of the Kansas public employees retirement system. K.S.A. 74-4999 through 74-49,107 and amendments thereto are subject to the provisions of K.S.A. 74-49,123 and amendments thereto.
History: L. 1975, ch. 191, § 9; L. 1998, ch. 64, § 93; July 1.
From and after January 1, 1979, all eligible nonjudicial personnel of the state court system shall be members of the Kansas public employees retirement system. Any such personnel who were members of such retirement system prior to said date, while employed by an employer other than the state of Kansas, shall be given full credit for such service.
History: L. 1978, ch. 108, § 4; July 1.
The provisions of K.S.A. 74-4999 et seq. and amendments thereto shall apply to any member of the Kansas public employees retirement system who was a court reporter for a magistrate court prior to July 1, 1975, and who is a full-time court reporter on the effective date of this act.
History: L. 1998, ch. 201, § 49; July 1.
As used in this act:
(a) "Retirant" means (1) any person who is a member of a retirement system and who has retired prior to July 2, 1987, (2) any person who is a special member of a retirement system and who has retired prior to July 2, 1987, (3) any person who is a joint annuitant or beneficiary of any member described in clause (1) or of any special member described in clause (2), (4) any local school annuitant, and (5) any insured disability benefit recipient.
(b) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system, the Kansas highway patrol pension fund, the Kansas bureau of investigation pension fund, the Kansas retirement fund for judges, or the Kansas retirement fund for official court reporters.
(c) "Local school annuitant" means (1) any person who is an annuitant with 10 or more years of service who is receiving an annuity from a school district maintaining a separate retirement system and whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto and who is not a member of a group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (2) any person who is receiving an annuity from a school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b and amendments thereto, and who retired prior to July 2, 1987.
(d) "Insured disability benefit recipient" means any person receiving an insured disability benefit under K.S.A. 74-4927 and amendments thereto prior to July 2, 1987.
History: L. 1980, ch. 233, § 1; L. 1985, ch. 254, § 24; July 1.
There is hereby created the retirant dividend payment reserve in the Kansas public employees retirement fund. Prior to each October 1, the board of trustees of the Kansas public employees retirement system shall credit to the retirant dividend payment reserve an amount equal to the amount required to pay the maximum benefits under K.S.A. 74-49,111, and amendments thereto, during the current year. Such amounts shall be credited from the retirement benefit accumulation reserve.
History: L. 1980, ch. 233, § 2; L. 2003, ch. 155, § 15; May 29.
(a) Each retirant who is entitled to receive a retirement benefit, pension or annuity payment from a retirement system or who is a local school annuitant or an insured disability benefit recipient on July 1 next preceding the payment shall be entitled to receive a retirant dividend payment as specified in this section. Such retirant dividend payment shall be paid annually in addition to the amount of the annual retirement benefit, pension or annuity payment or insured disability benefit to which the retirant is otherwise entitled and shall be paid in the form of an additional payment which shall be made on October 1 each year.
(b) Each such retirement dividend payment shall be payable to the retirant in an amount equal to the amount determined by (1) multiplying the total amount credited to the retirant dividend payment reserve under K.S.A. 74-49,110 by the monthly payment amount of the annual retirement benefit, pension or annuity or insured disability benefit payable to such retirant at the rate in effect on July 1 and (2) dividing the product obtained by the total amount of all monthly payment amounts of annual retirement benefits, pensions or annuities or insured disability benefits payable to all retirants at the rate in effect on July 1. The amount so determined for each retirant shall be the retirant dividend payment for such retirant. In no event will the payment to a retirant be more than eight and thirty-three hundredths percent (8.33%) of such retirant's annual benefit.
(c) Each such retirant dividend payment shall be paid by warrant to the retirant from the retirant dividend payment reserve of the Kansas public employees retirement fund, except that (1) each such retirant dividend payment payable to a local school annuitant shall be paid to the local school annuitant by the school district maintaining a separate retirement system which is receiving an aggregate payment from the Kansas public employees retirement system under K.S.A. 72-5512b, and (2) each such retirant dividend payment payable to an insured disability benefit recipient shall be paid as provided in K.S.A. 74-49,113.
(d) The amounts paid to the retirants of the retirement systems shall be charged to the respective retirement systems, except that the amounts paid to local school annuitants shall be charged to the state school retirement system and the amounts paid to insured disability benefit recipients shall be charged to the group insurance reserve of the Kansas public employees retirement fund.
History: L. 1980, ch. 233, § 3; July 1.
The Kansas public employees retirement system shall pay from the retirement dividend payment reserve of the Kansas public employees retirement fund to the board of education of the school district required to pay retirant dividend payments under K.S.A. 74-49,111 and amendments thereto, the annual amount required to make the retirement dividend payments payable to local school annuitants under K.S.A. 74-49,111 and amendments thereto. The board of education of such school district shall certify by August 1 of each year to the Kansas public employees retirement system all information necessary for the administration and determination of the annual amount to be paid to such school district under this section.
History: L. 1980, ch. 233, § 4; L. 1985, ch. 254, § 25; July 1.
The board of trustees of the Kansas public employees retirement system shall determine annually the amount necessary to finance the retirant dividend payments to insured disability benefit recipients and shall transfer that amount from the retirant dividend payment reserve to the group insurance reserve of the Kansas public employees retirement fund. The board of trustees shall provide for the payment of the retirant dividend payments payable to insured disability benefit recipients under this act as part of the plan of death and long-term disability benefits under K.S.A. 74-4927, and amendments thereto. The cost of such retirant dividend payments shall be paid from the group insurance reserve of the Kansas public employees retirement fund.
History: L. 1980, ch. 233, § 5; L. 1981, ch. 315, § 6; April 30.
History: L. 1980, ch. 233, § 6; Repealed, L. 1985, ch. 254, § 30; July 1.
(a) Each retirant who is entitled to receive a retirement benefit, pension or annuity payment from a retirement system or who is a local school annuitant shall be entitled to receive a retirant dividend payment as specified in this section. Such retirant dividend payment shall be paid in addition to the amount of the annual retirement benefit, pension or annuity payment to which the retirant is otherwise entitled and shall be paid in the form of an additional payment which shall be made on October 1, 2000.
(b) Each such retirement dividend payment as provided in this section shall be payable to the retirant in an amount equal to 50% of the retirement benefit payment such retirant is entitled to receive on July 1, 2000.
(c) Each such retirant dividend payment shall be paid by the retirement system to the retirant and the local school annuitant and shall be payable from the Kansas public employees retirement fund.
(d) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to July 1, 1999, (B) any person who is a special member of a retirement system and who retired prior to July 1, 1999, (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B), and (D) any insured disability benefit recipient.
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Local school annuitant" means (A) any person who is an annuitant with 10 or more years of service, who is receiving an annuity, whose annuity is not included, in whole or in part, in payments made to such school district under K.S.A. 72-5512b and amendments thereto, and who is not a member of a group I or of group II as defined in K.S.A. 72-5518 and amendments thereto, and (B) any person who is receiving an annuity and who retired prior to September 1, 1981.
(4) "Insured disability benefit recipient" means any person receiving an insured disability benefit under K.S.A. 74-4927, and amendments thereto, prior to July 1, 1999.
History: L. 2000, ch. 112, § 9; April 27.
(a) Each retirant who is entitled to receive a retirement benefit, pension or annuity payment from a retirement system shall be entitled to receive a postretirement benefit payment as specified in this section. Such postretirement benefit payment shall be paid in addition to the amount of the retirement benefit, pension or annuity payment to which the retirant is otherwise entitled pursuant to law and shall be paid in the form of an additional payment which shall be made on October 1, 2007.
(b) Each such postretirement benefit payment as provided in this section shall be payable to the retirant in an amount equal to $300.
(c) Each such postretirement benefit payment for retirants other than insured disability benefit recipients shall be paid by the retirement system to such retirants and shall be payable from the Kansas public employees retirement fund. Each such postretirement benefit payment for retirants who are insured disability benefit recipients shall be paid by the retirement system to such retirants and shall be payable from the group insurance reserve fund.
(d) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired prior to July 1, 1997, and who had at least 10 years or more of service credit, (B) any person who is a special member of a retirement system and who retired prior to July 1, 1997, and who had at least 10 years or more of service credit, (C) any person who is a joint annuitant or beneficiary of any member described in clause (A) or any special member described in clause (B), and (D) any insured disability benefit recipient.
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Insured disability benefit recipient" means any person receiving an insured disability benefit under K.S.A. 74-4927, and amendments thereto, prior to July 1, 1997.
History: L. 2007, ch. 164, § 16; July 1.
(a) Subject to appropriations, each retirant who is entitled to receive a retirement benefit, pension or annuity payment from a retirement system as of July 1, 2008, shall be entitled to receive a postretirement benefit payment as specified in this section. Such postretirement benefit payment shall be paid in addition to the amount of the retirement benefit, pension or annuity payment to which the retirant is otherwise entitled pursuant to law and shall be paid in the form of an additional payment which shall be made on or after October 1, 2008.
(b) Each such postretirement benefit payment as provided in this section shall be payable to the retirant in an amount equal to $300.
(c) Each such postretirement benefit payment for retirants other than insured disability benefit recipients shall be paid by the retirement system to such retirants and shall be payable from the Kansas public employees retirement fund. Each such postretirement benefit payment for retirants who are insured disability benefit recipients shall be paid by the retirement system to such retirants and shall be payable from the group insurance reserve fund.
(d) As used in this section:
(1) "Retirant" means (A) any person who is a member of a retirement system and who retired on or before July 1, 1998, and who had at least 10 years or more of service credit, (B) any person who is a member of a retirement system and who began receiving a benefit under K.S.A. 74-4960a, and amendments thereto, on or before July 1, 1998, (C) any person who is a special member of a retirement system and who retired on or before July 1, 1998, and who had at least 10 years or more of service credit, (D) any person who is a joint annuitant or beneficiary of any member described in clause (A) or (B) or any special member described in clause (C), and (E) any insured disability benefit recipient.
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system and the retirement system for judges.
(3) "Insured disability benefit recipient" means any person receiving an insured disability benefit under K.S.A. 74-4927, and amendments thereto, on or before July 1, 1998.
History: L. 2008, ch. 179, § 1; June 5.
(a) When the compensation for any officer or employee of the state, who retires, becomes disabled or dies is reduced pursuant to law, when such officer or employee voluntarily agrees to reduce such officer or employee's compensation, or when any officer or employee of the state is placed on a furlough without pay, the amount of compensation that would have been paid if the rate of compensation had not been reduced or if the officer or employee had not been placed on the furlough shall continue to be included as compensation for all purposes of computing retirement and pension benefits and death and disability benefits as provided in article 26 of chapter 20 and article 49 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, earned by such officer or employee as provided by the Kansas public employees retirement system, the Kansas police and firemen's retirement system and the retirement system for judges. Subject to the approval of the secretary of administration, the director of accounts and reports shall prescribe procedures for the payment and remittance of employer and employee contributions by the state agency employing such employees. The board shall administer the provisions of this section, with the cooperation of the director of personnel services.
(b) The provisions of subsection (a) shall not be applicable to compensation reductions attributable to: (1) Voluntary demotions of employees in the classified service; (2) deferred compensation pursuant to the plan authorized by K.S.A. 75-5523, and amendments thereto; or (3) to compensation reductions attributable to the cafeteria plan authorized by K.S.A. 75-6512, and amendments thereto.
(c) For the purposes of this section, "officer" and "employee" means any officer or employee of the state, any member or employee of the legislature or any employee of an institution under the supervision of the board of regents who are members of the Kansas public employees retirement system, the Kansas police and firemen's retirement system or the retirement system for judges.
History: L. 1987, ch. 325, § 1; L. 2002, ch. 192, § 1; L. 2014, ch. 104, § 1; July 1.
(a) Except as otherwise provided by this section, any payments due the system by a participating employer may be recovered by the system by offsetting against any funds of the participating employer held by the county treasurer in accordance with this subsection. To offset and recover the payments due the system, the system shall certify the amount of such liability to the officials of the participating employer and the county treasurer. Upon receipt of the system's certification, the county treasurer shall remit the amount certified to the system from the funds of such participating employer within 30 days after receipt of such certification. The county treasurer shall notify the participating employer of the amount remitted to the system.
(b) Any payments due the system by a state agency which is a participating employer may be recovered by the system by offsetting against any moneys in the accounts and funds appropriated for the state agency and from which salaries and wages are paid to employees of the state agency. The system shall certify the amount of such liability to the chief administrative officer of the state agency and to the director of accounts and reports. Upon receipt of the system's certification, the director of accounts and reports shall transfer the amount certified from such accounts or funds of the state agency to the Kansas public employees retirement fund within 30 days after receipt of such certification. The director of accounts and reports shall notify the state agency of the amount transferred to the Kansas public employees retirement fund.
(c) Any payments due the system from a participating employer which is an eligible employer as provided in K.S.A. 74-4931 and amendments thereto may be recovered by the system in accordance with this subsection by offsetting against any moneys payable to such participating employer from moneys appropriated from the state general fund to the department of education. The system shall certify the amount of such liability to the officials of such participating employer, the commissioner of education and the director of accounts and reports. Upon receipt of the system's certification, the director of accounts and reports shall transfer the amount certified from the moneys appropriated from the appropriate account of the state general fund, as determined by the department of education to the Kansas public employees retirement fund within 30 days after receipt of such certification. The system and the department of education shall credit such participating employer with the amount so offset and recovered in the respective accounts. The department of education shall notify such participating employer of each such amount offset and recovered by the system under this subsection.
History: L. 1988, ch. 302, § 33; L. 1994, ch. 293, § 27; July 1.
(a) (1) "Full-time student" means a student classified as full-time according to the policy of the accredited high school, vocational or vocational-technical school or college or university in which the student is enrolled.
(2) "Retirement system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system or the retirement system provided in K.S.A. 13-14a01 et seq. and amendments thereto or K.S.A. 14-10a01 et seq. and amendments thereto.
(b) Any benefits on behalf of a child as provided in the retirement system may be continued to the first day of the month in which the child attains the age of 23 years, provided the child is a full-time student in any accredited high school, vocational or vocational-technical school or college or university. Certification of student status from the particular institution shall be submitted at least annually or as deemed necessary by the system. Failure to submit such certification shall be sufficient cause for suspending or discontinuing benefit payments under the retirement system. In the event an eligible child fails to enroll or return to full-time status, benefits paid after attainment of age 18 years or the last month in which the child ceased to be a full-time student, whichever is later, shall be repaid to the system.
(c) The provisions of this section shall be effective on and after July 1, 1989.
History: L. 1989, ch. 232, § 31; May 25.
History: L. 1991, ch. 237, §§ 15 to 17; Repealed, L. 1996, ch. 266, § 23; July 1.
History: L. 1991, ch. 237, § 18; L. 1993, ch. 1, § 2; Repealed, L. 1996, ch. 266, § 23; July 1.
(1) Notwithstanding any other provision of law, compensation or salary in excess of the limitations set forth in section 401(a)(17) of the internal revenue code shall not be taken into account under any system of retirement benefits administered by the Kansas public employees retirement system, except that for eligible employees, compensation or salary that may be taken into account shall not be less than that which was allowed to be taken into account on July 1, 1993. For purposes of this section, an "eligible employee" is an individual whose membership in any retirement system administered by the Kansas public employees retirement system was earlier than July 1, 1996.
(2) Notwithstanding any other provision of law, employee contributions shall not be withheld or paid into any retirement system administered by the Kansas public employees retirement system by reason of compensation or salary in excess of the limitations set forth in section 401(a)(17) of the internal revenue code, except that for eligible employees as defined in subsection (1). Compensation or salary on which contributions shall be withheld shall not be subject to any limitations other than those that were in effect under the Kansas public employees retirement system on July 1, 1993.
(3) Notwithstanding any other provision of law, and except for eligible employees as defined in subsection (1), no benefit shall be paid based on compensation or salary that is in excess of the limitations set forth in section 401(a)(17) of the internal revenue code.
(4) Effective with respect to plan years beginning on and after January 1, 2002, the annual compensation of a member which exceeds $200,000 as adjusted for cost-of-living increases in accordance with section 401(a)(17)(B) of the federal internal revenue code, may not be taken into account in determining benefits or employee contributions for any plan year. Annual compensation for the determination period means compensation during the plan year or such other consecutive 12-month period over which compensation is otherwise determined under the plan. The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a member's contributions or benefits for the current plan year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period.
(5) For purposes of this section, retirement system means the Kansas public employees retirement system, the Kansas police and firemen's retirement system and the retirement system for judges, and any other system administered by the board of trustees.
History: L. 1995, ch. 267, § 36; L. 2008, ch. 113, § 18; July 1.
(a) This section applies to the Kansas public employees retirement system and to all other public retirement plans administered by the board of trustees.
(b) As used in this section:
(1) "Federal internal revenue code" means the federal internal revenue code of 1954 or 1986, as amended and as applicable to a governmental plan as in effect on July 1, 2008; and
(2) "retirement plan" includes the Kansas public employees retirement system and all other Kansas public retirement plans and benefit structures, which are administered by the board.
(c) In addition to the federal internal revenue code provisions otherwise noted in each retirement plan's law, and in order to satisfy the applicable requirements under the federal internal revenue code, the retirement plans shall be subject to the following provisions, notwithstanding any other provision of the retirement plan's law:
(1) The board shall distribute the corpus and income of the retirement plan to the members and their beneficiaries in accordance with the retirement plan's law. At no time prior to the satisfaction of all liabilities with respect to members and their beneficiaries shall any part of the corpus and income be used for, or diverted to, purposes other than the exclusive benefit of the members and their beneficiaries.
(2) Forfeitures arising from severance of employment, death or for any other reason may not be applied to increase the benefits any member would otherwise receive under the retirement plan's law. However, forfeitures may be used to reduce an employer's contribution.
(3) All benefits paid from the retirement plan shall be distributed in accordance with a good faith interpretation of the requirements of section 401(a)(9) of the federal internal revenue code and the regulations under that section. Notwithstanding any other provision of these rules and regulations, the retirement plan is subject to the following provisions:
(A) Benefits must begin by the required beginning date, which is the later of April 1 of the calendar year following the calendar year in which the member reaches the applicable age or April 1 of the calendar year following the calendar year in which the member terminates employment. If a member fails to apply for retirement benefits by April 1 of the calendar year following the calendar year in which such member reaches the applicable age or April 1 of the calendar year following the calendar year in which such member terminates employment, whichever is later, the board will begin distributing the benefit as required by this section. For purposes of this section, the applicable age is 70 1/2 if the member was born before July 1, 1949, age 72 if the member was born on or after July 1, 1949, but before January 1, 1951, age 73 if the member was born on or after January 1, 1951, but before January 1, 1959, and age 75 if the member was born on or after January 1, 1960.
(B) The member's entire interest must be distributed over the member's life or the lives of the member and a designated beneficiary, or over a period not extending beyond the life expectancy of the member or of the member and a designated beneficiary. Death benefits must be distributed in accordance with section 401(a)(9) of the federal internal revenue code, including the incidental death benefit requirement in section 401(a)(9)(G) of the federal internal revenue code, and the regulations implementing that section.
(C) Except as allowed under section 401(a)(9) of the federal internal revenue code and applicable regulations thereunder, the life expectancy of a member, the member's spouse or the member's beneficiary may not be recalculated after the initial determination for purposes of determining benefits.
(D) If a member dies after the required distribution of benefits has begun, the remaining portion of the member's interest must be distributed at least as rapidly as under the method of distribution before the member's death and no longer than the remaining period over which distributions commenced.
(E) If a member dies before required distribution of the member's benefits has begun, the member's entire interest must be either:
(i) In accordance with federal regulations, distributed over the life or life expectancy of the designated beneficiary, with the distributions beginning no later than December 31 of the calendar year immediately following the calendar year of the member's death; or
(ii) distributed by December 31 of the calendar year containing the fifth anniversary of the member's death.
(F) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of the federal internal revenue code.
(G) The death and disability benefits provided by a retirement plan are limited by the incidental benefit rule set forth in section 401(a)(9)(G) of the federal internal revenue code and applicable treasury regulations.
(H) Distributions from a defined contribution or deferred compensation plan shall be made in accordance with the rules under section 401(a)(9) of the federal internal revenue code that are specific to such plans.
(4) Distributions from the retirement plans may be made only upon retirement, separation from service, disability or death.
(5) The board or its designee may not:
(A) Determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of members or beneficiaries, in a manner that discriminates in favor of members who are considered officers, supervisors or highly compensated, as prohibited under section 401(a)(4) of the federal internal revenue code.
(6) Subject to the provisions of this subsection, benefits paid from, and employee contributions made to, the retirement plans shall not exceed the maximum benefits and the maximum annual additions, respectively, permissible under section 415 of the federal internal revenue code.
(A) Before January 1, 1995, a member may not receive an annual benefit that exceeds the limits specified in section 415(b) of the federal internal revenue code, subject to the applicable adjustments in that section. Beginning January 1, 1995, a participant may not receive an annual benefit that exceeds the dollar amount specified in section 415(b)(1)(A) of the federal internal revenue code, subject to the applicable adjustments in section 415 of the federal internal revenue code.
(B) Notwithstanding any other provision of law to the contrary, the board may modify a request by a participant to make a contribution to the retirement plans if the amount of the contribution would exceed the limits under section 415(c) or 415(n) of the federal internal revenue code subject to the following:
(i) Where the retirement plan's law requires a lump-sum payment, for the purchase of service credit, the board may establish a periodic payment plan in order to avoid a contribution in excess of the limits under section 415(c) or 415(n) of the federal internal revenue code.
(ii) If the board's option under clause (i) will not avoid a contribution in excess of the limits under section 415(c) or 415(n) of the federal internal revenue code, the board shall reduce or deny the contribution.
(C) Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if an active member makes one or more contributions to purchase permissive service credit under a retirement plan, then the requirements of this section shall be treated as met only if:
(i) The requirements of section 415(b) of the federal internal revenue code are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of such section; or
(ii) the requirements of section 415(c) of the federal internal revenue code are met, determined by treating all such contributions as annual additions for purposes of such section. For purposes of applying clause (i) a retirement plan shall not fail to meet the reduced limit under section 415(b)(2)(C) of the federal internal revenue code solely by reason of this subparagraph (C), and for purposes of applying clause (ii), a retirement plan shall not fail to meet the percentage limitation under section 415(c)(1)(B) of the federal internal revenue code solely by reason of this paragraph.
(iii) For purposes of this clause, the term "permissive service credit" means service credit:
(a) Specifically recognized by a retirement plan's law for purposes of calculating a member's benefit under that retirement plan;
(b) that such member has not received under a retirement plan; and
(c) that such member may receive under a retirement plan's law only by making a voluntary additional contribution, in an amount determined under the retirement plan's law and procedures established by the board, that does not exceed the amount necessary to fund the benefit attributable to such service credit.
(iv) A retirement plan shall fail to meet the requirements of this clause if the retirement plan's law specifically provides for a purchase of nonqualified service purchase, and if:
(a) More than five years of nonqualified service credit are taken into account for purposes of this subclause; or
(b) any nonqualified service credit is taken into account under this subclause before the member has at least five years of participation under a retirement plan. For purposes of this subclause, effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, the term "nonqualified service credit" means the same as provided in section 415(n)(3)(C) of the federal internal revenue code.
(v) In the case of a trustee-to-trustee transfer after December 31, 2001, to which section 403(b)(13)(A) or 457(e)(17)(A) of the federal internal revenue code applies, without regard to whether the transfer is made between plans maintained by the same employer:
(a) The limitations of clause (iv) shall not apply in determining whether the transfer is for the purchase of permissive service credit; and
(b) the distribution rules applicable under federal law to a retirement plan shall apply to such amounts and any benefits attributable to such amounts.
(vi) For an eligible member, the limitation of section 415(c)(1) of the federal internal revenue code shall not be applied to reduce the amount of permissive service credit which may be purchased to an amount less than the amount which was allowed to be purchased under the terms of the statute as in effect on August 5, 1997. For purposes of this clause, an eligible member is an individual who first became a member in the retirement plan before January 1, 1998.
(D) Subject to approval by the internal revenue service, the board shall maintain a qualified governmental excess benefit arrangement under section 415(m) of the federal internal revenue code. The board shall establish the necessary and appropriate procedures for the administration of such benefit arrangement under the federal internal revenue code. The amount of any annual benefit that would exceed the limitations imposed by section 415 of the federal internal revenue code shall be paid from this benefit arrangement. The amount of any contribution that would exceed the limitations imposed by section 415 of the federal internal revenue code shall be credited to this benefit arrangement. The qualified excess benefit arrangement shall be a separate portion of the retirement plan. The qualified excess benefit arrangement is subject to the following requirements:
(i) The benefit arrangement shall be maintained solely for the purpose of providing to participants in the retirement plans that part of the participant's annual benefit otherwise payable under the terms of the act that exceeds the limitations on benefits imposed by section 415 of the federal internal revenue code; and
(ii) participants do not have an election, directly or indirectly, to defer compensation to the excess benefit arrangement.
(E) For purposes of applying these limits only and for no other purpose, the definition of compensation where applicable shall be compensation actually paid or made available during a limitation year, except as noted below and as permitted by treasury regulation section 1.415(c)-2. Specifically, compensation shall be defined as wages within the meaning of section 3401(a) of the federal internal revenue code and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employee a written statement under sections 6041(d), 6051(a)(3) and 6052 of the federal internal revenue code. Compensation shall be determined without regard to any rules under section 3401(a) of the federal internal revenue code that limit the remuneration included in wages based on the nature or location of the employment or the services performed, such as the exception for agricultural labor in section 3401(a)(2) of the federal internal revenue code.
(i) However, for limitation years beginning after December 31, 1997, compensation shall also include amounts that would otherwise be included in compensation but for an election under sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k) or 457(b) of the federal internal revenue code. For limitation years beginning after December 30, 2000, compensation shall also include any elective amounts that are not includable in the gross income of the employee by reason of section 132(f)(4) of the federal internal revenue code.
(ii) The definition of compensation shall exclude employee contributions picked up under section 414(h)(2) of the federal internal revenue code.
(iii) For limitation years beginning on and after January 1, 2007, compensation for the limitation year will also include compensation paid by the later of two and a half months after an employee's severance from employment or the end of the limitation year that includes the date of the employee's severance from employment if:
(a) The payment is regular compensation for services during the employee's regular working hours or compensation for services outside the employee's regular working hours, such as overtime or shift differential, commissions, bonuses or other similar payments, and absent a severance from employment, the payments would have been paid to the employee while the employee continues in employment with the employer;
(b) the payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued; or
(c) for limitation years beginning on and after January 1, 2012, the payment is made pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid to the member at the same time if the member had continued employment with the employer and only to the extent that the payment is includable in the member's gross income.
(iv) Any payments not described in clause (iii) are not considered compensation if paid after severance from employment, even if they are paid within two and a half months following severance from employment, except for payments to the individual who does not currently perform services for the employer by reason of qualified military service, within the meaning of section 414(u)(1) of the federal internal revenue code, to the extent these payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the employer rather than entering qualified military service.
(v) An employee who is in qualified military service, within the meaning of section 414(u)(1) of the federal internal revenue code, shall be treated as receiving compensation from the employer during such period of qualified military service equal to: (a) The compensation the employee would have received during such period if the employee were not in qualified military service, determined based on the rate of pay the employee would have received from the employer but for the absence during the period of qualified military service; or (b) if the compensation the employee would have received during such period was not reasonably certain, the employee's average compensation from the employer during the 12-month period immediately preceding the qualified military service, or if shorter, the period of employment immediately preceding the qualified military service.
(vi) Back pay, within the meaning of treasury regulation section 1.415(c)-2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition.
(7) On and after January 1, 2009, for purposes of applying the limits under section 415(b) of the federal internal revenue code, the following shall apply:
(A) A member's applicable limit shall be applied to the member's annual benefit in the first limitation year without regard to any automatic cost-of-living increases;
(B) to the extent the member's annual benefit equals or exceeds such limit, the member shall no longer be eligible for cost-of-living increases until such time as the benefit plus the accumulated increases are less than such limit;
(C) thereafter, in any subsequent limitation year, the member's annual benefit including any automatic cost-of-living increase applicable shall be tested under the then applicable benefit limit including any adjustment to the dollar limit under section 415(b)(1)(A) or 415(d) of the federal internal revenue code and the regulations thereunder; and
(D) in no event shall a member's annual benefit payable from a retirement plan in any limitation year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to section 415(d) of the federal internal revenue code and the regulations thereunder. If the form of benefit without regard to the automatic benefit increase feature is not a straight life annuity, then the preceding sentence is applied by reducing the limit under section 415(b) of the federal internal revenue code applicable at the annuity starting date to an actuarially equivalent amount determined using the assumptions specified in treasury regulation section 1.415(b)-1(c)(2)(ii) that take into account the death benefits under the form of benefit. This subsection applies to distributions made on and after January 1, 1993. A distributee may elect to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a transfer made from the retirement system.
(i) An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: (a) Any distribution that is one of a series of substantially equal periodic payments, not less frequently than annually, made for the life or the life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary or for a specified period of 10 years or more; (b) any distribution to the extent such distribution is required under section 401(a)(9) of the federal internal revenue code; (c) the portion of any distribution that is not includable in gross income; and (d) any other distribution that is reasonably expected to total less than $200 during the year. Effective January 1, 2002, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includable in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in section 408(a) or (b) of the federal internal revenue code, or to a qualified defined contribution plan described in section 401(a) of the federal internal revenue code or to a qualified plan described in section 403(a) of the federal internal revenue code, that agrees to separately account for amounts so transferred and earnings on such amounts, including separately accounting for the portion of the distribution that is includable in gross income and the portion of the distribution that is not so includable, or on or after January 1, 2007, to a qualified defined benefit plan described in section 401(a) of the federal internal revenue code or to an annuity contract described in section 403(b) of the federal internal revenue code, that agrees to separately account for amounts so transferred and earnings thereon, including separately accounting for the portion of the distribution that is includable in gross income and the portion of the distribution that is not so includable.
(ii) An eligible retirement plan is any of the following that accepts the distributee's eligible rollover distribution:
(a) An individual retirement account described in section 408(a) of the federal internal revenue code;
(b) an individual retirement annuity described in section 408(b) of the federal internal revenue code;
(c) an annuity plan described in section 403(a) of the federal internal revenue code;
(d) a qualified trust described in section 401(a) of the federal internal revenue code;
(e) effective January 1, 2002, an annuity contract described in section 403(b) of the federal internal revenue code;
(f) effective January 1, 2002, a plan eligible under section 457(b) of the federal internal revenue code that is maintained by a state, political subdivision of a state or any agency or instrumentality of a state or a political subdivision of a state that agrees to separately account for amounts transferred into the plan from a retirement plan;
(g) effective January 1, 2008, a roth IRA described in section 408(A) of the federal internal revenue code; or
(h) effective January 1, 2016, a SIMPLE IRA, as described in section 408(p) of the federal internal revenue code, provided that the rollover contribution is made after the two-year period described in section 72(t)(6) of the federal internal revenue code.
(iii) Effective January 1, 2002, the definition of eligible rollover distribution also includes a distribution to a surviving spouse, or to a spouse or former spouse who is an alternate payee under a domestic relations order, as defined in section 414(p) of the federal internal revenue code.
(iv) A distributee includes an employee or former employee. It also includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in section 414(p) of the federal internal revenue code. Effective July 1, 2007, a distributee further includes a nonspouse beneficiary who is a designated beneficiary as defined by section 401(a)(9)(E) of the federal internal revenue code. However, a nonspouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution and the account or annuity will be treated as an "inherited" individual retirement account or annuity.
(v) A direct rollover is a payment by the retirement system to the eligible retirement plan specified by the distributee.
(8) Notwithstanding any law to the contrary, the board may accept a direct or indirect eligible rollover distributions for the purpose of the purchase of service credit. In addition, the board may accept a direct trustee to trustee transfer from a deferred compensation plan under section 457(b) of the federal internal revenue code or a tax sheltered annuity under section 403(b) of the federal internal revenue code for: (A) The purchase of permissive service credit, as defined under section 415(n)(3)(A) of the federal internal revenue code; or (B) a repayment to which section 415 of the federal internal revenue code does not apply pursuant to section 415(k)(3) of the federal internal revenue code. Any such transfer shall be allowed as provided in this subsection to the extent permitted by law, subject to any conditions, proofs or acceptance established or required by the board or the board's designee.
(9) Where required by the act, an employer shall pick up and pay contributions that would otherwise be payable by members of a retirement plan in accordance with section 414(h)(2) of the federal internal revenue code as follows:
(A) The contributions, although designated as employee contributions, are being paid by the employer in lieu of contributions by the employee;
(B) the employee must not have been given the option of receiving the amounts directly instead of having them paid to the retirement plan; and
(C) the pickup shall apply to amounts that a member elects to contribute to receive credit for prior or participating service if the election is irrevocable and applies to amounts contributed before retirement.
(10) (A) Notwithstanding any provision of this plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the federal internal revenue code and the uniformed services employment and reemployment rights act of 1994.
(B) Effective with respect to deaths occurring on or after January 1, 2007, while a member is performing qualified military service, as defined in chapter 43 of title 38, United States code, to the extent required by section 401(a)(37) of the federal internal revenue code, survivors of a member in the system, are entitled to any additional benefits that the system would provide if the member had resumed employment and then died, such as accelerated vesting or survivor benefits that are contingent on the member's death while employed. A deceased member's period of qualified military service must be counted for vesting purposes.
(C) Effective with respect to deaths or disabilities, or both, occurring on or after January 1, 2007, while a member is performing qualified military service, as defined in chapter 43 of title 38, United States code, to the extent permitted by section 414(u)(9) of the federal internal revenue code, for the benefit accrual purposes and in the case of death, for vesting purposes, the member will be treated as having earned years of service for the period of qualified military service, having returned to employment on the day before the death or disability, or both, and then having terminated on the date of death or disability. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner.
(D) Beginning January 1, 2009, to the extent required by section 414(u)(12) of the federal internal revenue code, an individual receiving differential wage payments, as defined under section 3401(h)(2) of the federal internal revenue code, from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under section 415(c) of the federal internal revenue code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner.
(11) Upon the complete or partial termination of a retirement plan, the rights of members to benefits accrued to the date of termination, to the extent funded, or to the amounts in their accounts are nonforfeitable, and amounts in their accounts may be distributed to them.
(d) The plan year for the retirement plan begins on July 1.
(e) The limitation year for purposes of section 415 of the federal internal revenue code is the calendar year.
(f) The board may not engage in a transaction prohibited by section 503(b) of the federal internal revenue code.
(g) (1) For purposes of determining an "actuarial equivalent" or of an "actuarial computation" for members hired prior to July 1, 2009, the board shall use the following:
(A) The applicable mortality table is specified in revenue ruling 2001-62 or revenue ruling 2007-67, as applicable; and
(B) the applicable interest factor is the actuarially assumed rate of return established by the board.
(2) For purposes of determining an "actuarial equivalent" or an "actuarial computation" for members hired on or after July 1, 2009, the board shall use the following:
(A) The applicable mortality table is the 50/50 male/female blend of the RP 2000 health annuitant mortality table, projected to 2025; and
(B) the applicable interest factor is the actuarially assumed rate of return established by the board.
(3) For converting amounts payable under the partial lump sum option, the board shall use the following:
(A) The applicable mortality table is a 50/50
male/female blend of the 1983 group annuity mortality table; and
(B) the applicable interest factor is the actuarially assumed rate of return established by the board.
(4) For benefit testing under section 415(b) of the federal internal revenue code, the factors required by treasury regulations shall be used. The applicable mortality table is specified in revenue ruling 2001-62 for years prior to January 1, 2009, and notice 2008-85 for years after December 31, 2008.
History: L. 1998, ch. 64, § 83; L. 2002, ch. 116, § 9; L. 2008, ch. 113, § 19; L. 2012, ch. 11, § 3; L. 2017, ch. 68, § 5; L. 2021, ch. 75, § 6; L. 2025, ch. 88, § 3; July 1.
(a) The board shall administer the Kansas public employees retirement fund, including all benefit structures administered by the board, in the manner required to satisfy the applicable qualification requirements for governmental plans as specified in the federal internal revenue code of 1954 or 1986, as amended and as appropriate for a governmental plan and as in effect on July 1, 2008.
(b) Members shall be completely vested in their employee contributions at all times. Upon completion of required years of service and attainment of normal retirement age members are vested in the benefits provided under the retirement plan. Upon plan termination or discontinuance of employer contributions, members are vested in the retirement plan to the extent funded.
History: L. 1998, ch. 64, § 85; L. 2008, ch. 113, § 20; July 1.
The provisions of subsection (c)(6) of K.S.A. 74-49,123 and amendments thereto apply to benefit increases provided under the provisions of K.S.A. 74-4943 through 74-4950g and amendments thereto and to future benefit increases provided to retirants or local school annuitants.
History: L. 1998, ch. 64, § 86; July 1.
(1) Notwithstanding the provisions of subsection (9) of K.S.A. 74-4902 and amendments thereto, any payment for accumulated sick leave, vacation or annual leave, severance pay or any other payments to the member which, when upon retirement, increases the member's final average salary by more than 15%, shall require the participating employer to pay the system a lump-sum amount equal to the system's actuarial liability for benefits attributable to and payable on account of such excess over the 15% or require the participating employer to pay the system as provided in subsection (2).
(2) In lieu of a lump-sum amount as provided in subsection (1), such participating employer may elect to pay the system in an amount sufficient to amortize over a period of no more than 15 years commencing January 1, 2000, the system's actuarial liability for such benefits attributable to and payable on account of such excess over the 15%. The board shall determine for each such participating employer the amount sufficient for amortization. On the basis of such determination the board shall annually certify to each such participating employer separately an actuarially determined rate of contribution which shall be required to be paid by that participating employer. Such rate shall be termed the participating employer's excess liability contribution.
(3) As used in this section, "system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system and the retirement system for judges.
History: L. 1998, ch. 201, § 52; L. 1999, ch. 3, § 1; July 1.
(1) Any payment made to a named beneficiary as provided in this section, shall be a full discharge and release to the system from any further claims. Any payment made to a beneficiary as provided in K.S.A. 74-4902(7)(A), (B), (C), (D), (E) or (F) or 20-2601(k)(1), (2), (3), (4), (5) or (6), and amendments thereto, as determined by the board, shall be a full discharge and release to the system from any further claims. Whenever any payment is payable to more than one beneficiary, such payment shall be made to such beneficiaries jointly.
(2) Any benefits payable to a beneficiary or beneficiaries who are incompetent shall be made in the name of the beneficiary or beneficiaries and delivered to the lawfully appointed conservator of such beneficiaries who was nominated by will or as otherwise provided by law, except that in those cases where the benefit involves an amount not to exceed $500, the board is hereby authorized in its discretion without the appointment of a conservator or in the giving of a bond to pay such amount as is due to the incompetent person or persons themselves.
(3) Any lump-sum benefits payable to a beneficiary or beneficiaries who are minor children and which amount totals $25,000 or more shall be made in the name of the beneficiary or beneficiaries and delivered to the lawfully appointed conservator of such beneficiaries who was nominated by will or as otherwise provided by law except that in those cases where the benefit involves an amount not to exceed $500, the board is hereby authorized in its discretion without the appointment of a conservator or the giving of a bond to pay such amount as is due to the minor or minors themselves. If no conservator is lawfully appointed, the system will credit interest at 4% on all benefits due and payable and shall pay all benefits plus interest to the beneficiary or beneficiaries who are minor children when they attain age 18 years. Any benefits payable to a beneficiary or beneficiaries who are minor children and which amount which totals more than $500 but less than $25,000, may be made in the name of the beneficiary or beneficiaries and paid under the uniform transfers to minors act as provided in K.S.A. 38-1701 et seq., and amendments thereto.
(4) Any monthly benefits payable to a beneficiary or beneficiaries who are minor children shall be made in the name of the beneficiary or beneficiaries and delivered to the lawfully appointed conservator of such beneficiaries who was nominated by will or as otherwise provided by law. If no conservator is lawfully appointed, the system will credit interest at 4% on all benefits due and payable and shall pay all benefits plus interest to the beneficiary or beneficiaries who are minor children when they attain age 18 years.
(5) As used in this section, "system" means the Kansas public employees retirement system, the Kansas police and firemen's retirement system and the retirement system for judges.
History: L. 1998, ch. 201, § 53; L. 2023, ch. 65, § 7; July 1.
The lump sum death benefits, survivor benefits and funeral expenses that are provided to surviving spouses, minor children and other beneficiaries as a result of a death pursuant to K.S.A. 13-14a11, 14-10a11, 74-4958, 74-4958a, 74-4959, 74-4960, 74-4960a and 74-4989, and amendments thereto, are in the nature of life insurance; are provided by the participating employers for the protection of members' spouses, survivors or beneficiaries as provided in those sections; and are not subject to regulation of the state of Kansas department of insurance. The provisions of this section shall be effective on and after July 1, 2000.
History: L. 2000, ch. 152, § 36; L. 2001, ch. 209, § 46; May 31.
(a) For the purpose of financing a portion of the unfunded actuarial pension liability of the Kansas public employees retirement system, the Kansas development finance authority is hereby authorized to issue one or more series of revenue bonds under the Kansas development finance authority act in an amount necessary to provide a deposit or deposits in a total amount not to exceed $500,000,000 to the Kansas public employees retirement system and to pay the costs of issuance of the bonds, including any credit enhancement, and provide any required reserves for the bonds. The principal amount, interest rates and final maturity of such revenue bonds and any bonds issued to refund such bonds or parameters for such principal amount, interest rates and final maturity shall be approved by a resolution of the state finance council. The state finance council shall review and determine the lowest cost method for financing such bonds, including, but not limited to, issues related to the tax status of the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from moneys appropriated by the state for such purpose. The bonds and interest thereon, issued pursuant to this section shall be obligations only of the authority and in no event shall such bonds constitute an indebtedness or obligation of the Kansas public employees retirement system or an indebtedness or obligation for which the faith and credit or any assets of the system are pledged.
(b) As used in this section, "unfunded actuarial pension liability" means the unfunded actuarially accrued liability of the state for the state of Kansas and participating employers under K.S.A. 74-4931, and amendments thereto, portion of such liability of the Kansas public employees retirement system, determined as of the later of December 31, 2001, or the end of the most recent calendar year for which an actuarial valuation report is available and certified to the Kansas development finance authority by the executive secretary of the Kansas public employees retirement system.
(c) (1) The authority may pledge the contract or contracts authorized in subsection (d), or any part thereof, for the payment or redemption of the bonds, and covenant as to the use and disposition of money available to the authority for payments of the bonds. The authority is authorized to enter into any agreements necessary or desirable to effectuate the purposes of this section.
(2) The proceeds from the sale of the bonds, other than refunding bonds, issued pursuant to this section, after payment of any costs related to the issuance of such bonds, shall be paid by the authority to the Kansas public employees retirement system to be applied to the payment, in full or in part, of the unfunded accrued pension liability as directed by the Kansas public employees retirement system.
(3) The state hereby pledges and covenants with the holders of any bonds issued pursuant to the provisions of this section, that it will not limit or alter the rights or powers vested in the authority by this section, nor limit or alter the rights or powers of the authority, the department of administration or the Kansas public employees retirement system, in any manner which would jeopardize the interest of the holders or any trustee of such holders or inhibit or prevent performance or fulfillment by the authority, the department of administration or the Kansas public employees retirement system with respect to the terms of any agreement made with the holders of the bonds or agreements made pursuant to this section, except that the failure of the legislature to appropriate moneys for any purpose shall not be deemed a violation of this pledge and covenant. The department of administration is hereby specifically authorized to include this pledge and covenant in any agreement with the authority. The authority is hereby specifically authorized to include this pledge and covenant in any bond resolution, trust indenture or agreement for the benefit of holders of the bonds.
(4) Revenue bonds may be issued pursuant to this section without obtaining the consent of any department, division, commission, board or agency of the state, other than the approvals of the state finance council required by this section, and without any other proceedings or the occurrence of any other conditions or other things other than those proceedings, conditions or things which are specifically required by the Kansas development finance authority act.
(d) The department of administration and the authority are authorized to enter into one or more contracts to implement the payment arrangement that is provided for in this section. The contract or contracts shall provide for payment of the amounts required to be paid pursuant to this section and shall set forth the procedure for the transfer of moneys for the purpose of paying such moneys. The contract or contracts shall contain such terms and conditions including principal amount, interest rates and final maturity as shall be approved by resolution of the state finance council and shall include, but not be limited to, terms and conditions necessary or desirable to provide for repayment of and to secure any bonds of the authority issued pursuant to this section.
(e) The approvals by the state finance council required by subsection (a) and (d) are hereby characterized as matters of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto. Such approvals may be given by the state finance council when the legislature is in session.
(f) No bonds shall be issued pursuant to this section prior to the review of and recommendation to the state finance council of such issuance by the joint committee on pensions, investments and benefits.
History: L. 2003, ch. 155, § 16; May 29.
(a) For the purpose of financing the unfunded actuarial pension liability of the Kansas public employees retirement system related to persons designated as special members pursuant to K.S.A. 74-4925g, and amendments thereto and related to persons entitled to benefits pursuant to the provisions of K.S.A. 74-49,109, and amendments thereto, the Kansas development finance authority is hereby authorized to issue one or more series of revenue bonds under the Kansas development finance authority act in an amount necessary to provide a deposit or deposits in a total amount not to exceed $40,400,000 of which no more than $15,500,000 of such deposit or deposits shall be related to persons designated as special members pursuant to K.S.A. 74-4925g, and amendments thereto and no more than $24,900,000 of such deposit or deposits shall be related to persons entitled to benefits pursuant to the provisions of K.S.A. 74-49,109, and amendments thereto, to the Kansas public employees retirement system and to pay all amounts required for costs of issuance of the bonds, including any credit enhancement, and to provide any required reserves for the bonds, capitalized interest and refunding bonds. The principal amount, interest rates and final maturity of such revenue bonds and any bonds issued to refund such bonds or parameters for such principal amount, interest rates and final maturity shall be approved by the secretary of administration, except that the final maturity of such revenue bonds shall not exceed 10 years. The bonds, and interest thereon, issued pursuant to this section shall be payable from moneys appropriated by the state for such purpose. The bonds and interest thereon, issued pursuant to this section shall be obligations only of the authority and in no event shall such bonds constitute an indebtedness or obligation of the Kansas public employees retirement system or an indebtedness or obligation for which the faith and credit or any assets of the system are pledged.
(b) As used in this section, "unfunded actuarial pension liability" means the unfunded actuarially accrued liability of the state for persons designated as special members pursuant to K.S.A. 74-4925g, and amendments thereto and for persons entitled to benefits pursuant to the provisions of K.S.A. 74-49,109, and amendments thereto, determined as of the later of December 31, 2001, or the end of the most recent calendar year for which an actuarial valuation report is available and certified to the Kansas development finance authority by the executive secretary of the Kansas public employees retirement system.
(c) (1) The authority may pledge the contract or contracts authorized in subsection (d), or any part thereof, for the payment or redemption of the bonds, and covenant as to the use and disposition of money available to the authority for payments of the bonds. The authority is authorized to enter into any agreements necessary or desirable to effectuate the purposes of this section.
(2) The proceeds from the sale of the bonds, other than refunding bonds, issued pursuant to this section, after payment of any costs related to the issuance of such bonds, any required reserves and any capitalized interest, shall be paid by the authority to the Kansas public employees retirement system to be applied to the payment, in full or in part, of the unfunded accrued pension liability as directed by the Kansas public employees retirement system.
(3) The state hereby pledges and covenants with the holders of any bonds issued pursuant to the provisions of this section, that it will not limit or alter the rights or powers vested in the authority by this section, nor limit or alter the rights or powers of the authority, the state board of regents or the Kansas public employees retirement system, in any manner which would jeopardize the interest of the holders or any trustee of such holders or inhibit or prevent performance or fulfillment by the authority, the state board of regents or the Kansas public employees retirement system with respect to the terms of any agreement made with the holders of the bonds or agreements made pursuant to this section, except that the failure of the state to appropriate moneys for any purpose shall not be deemed a violation of this pledge and covenant. The state board of regents and the Kansas public employees retirement system are hereby specifically authorized to include this pledge and covenant in any agreement with the authority. The authority is hereby specifically authorized to include this pledge and covenant in any bond resolution, trust indenture or agreement for the benefit of holders of the bonds.
(4) Revenue bonds may be issued pursuant to this section without obtaining the consent of any department, division, commission, board or agency of the state, other than the approvals of the state finance council required by this section, and without any other proceedings or the occurrence of any other conditions or other things other than those proceedings, conditions or things which are specifically required by the Kansas development finance authority act.
(d) The state board of regents, the Kansas public employees retirement system and the authority are authorized to enter into one or more contracts to implement the payment arrangement that is provided for in this section. The contract or contracts shall provide for payment of the amounts required to be paid pursuant to this section and shall set forth the procedure for the transfer of moneys for the purpose of paying such moneys. The contract or contracts shall contain such terms and conditions including principal amount, interest rates and final maturity as shall be approved by the secretary of administration and shall include, but not be limited to, terms and conditions necessary or desirable to provide for repayment of and to secure any bonds of the authority issued pursuant to this section.
History: L. 2003, ch. 155, § 20; May 29.
Notwithstanding the provisions of K.S.A. 74-4921, and amendments thereto, any employer contributions remitted in accordance with the provisions of K.S.A. 20-2605, 74-4920, 74-4939 and 74-4967, and amendments thereto, for the purpose of paying the actuarial cost of the provisions of K.S.A. 74-49,109 et seq., and amendments thereto, shall be deposited in the KDFA series 2003H bond debt service fund, which is hereby created in the state treasury. Such fund shall be administered by the Kansas public employees retirement system. The executive director of the Kansas public employees retirement system shall certify to the director of accounts and reports an amount to reimburse the state general fund for bond debt service payments authorized pursuant to law for each fiscal year commencing in fiscal year 2005, and ending in fiscal year 2014. The director of accounts and reports shall transfer such amount certified as provided by this section to the state general fund not later than June 30 of each such fiscal year.
History: L. 2004, ch. 182, § 8; June 3.
(a) For the purpose of financing a portion of the unfunded actuarial pension liability of the Kansas public employees retirement system, the Kansas development finance authority is hereby authorized to issue one or more series of revenue bonds under the Kansas development finance authority act in an amount necessary to provide a deposit or deposits to the Kansas public employees retirement system in a total amount not to exceed $1,000,000,000 plus all amounts required to pay the costs of issuance of the bonds, including any credit enhancement, interest costs and to provide any required reserves for the bonds. No bonds shall be issued until such issuance has been approved by a resolution of the state finance council. The principal amount, interest rates and final maturity of such revenue bonds and any bonds issued to refund such bonds or parameters for such principal amount, interest rates and final maturity shall be approved by a resolution of the state finance council, except that, for any one or more series of revenue bonds issued pursuant to this section, such interest rate, all inclusive cost, shall not exceed 5%. The bonds, and interest thereon, issued pursuant to this section shall be payable from moneys appropriated by the state for such purpose. The bonds, and interest thereon, issued pursuant to this section shall be obligations only of the authority and in no event shall such bonds constitute an indebtedness or obligation of the Kansas public employees retirement system or an indebtedness or obligation for which the faith and credit or any assets of the system are pledged. Neither the state nor the department of administration shall have the power to pledge the full faith and credit or taxing power of the state for debt service on any bonds issued pursuant to this section, and any payment by the department for such purpose shall be subject to and dependent on appropriations by the legislature. Any obligation of the state or the department for payment of debt service on bonds issued pursuant to this section shall not be considered a debt or obligation of the state for the purpose of section 6 of article 11 of the constitution of the state of Kansas.
(b) As used in this section, "unfunded actuarial pension liability" means the unfunded actuarially accrued liability of the state for the state of Kansas' and participating employers', under K.S.A. 74-4931, and amendments thereto, portion of such liability of the Kansas public employees retirement system, determined as of the later of December 31, 2013, or the end of the most recent calendar year for which an actuarial valuation report is available and certified to the Kansas development finance authority by the executive director of the Kansas public employees retirement system.
(c) (1) The authority may pledge the contract or contracts authorized in subsection (d), or any part thereof, for the payment or redemption of the bonds, and covenant as to the use and disposition of moneys available to the authority for payment of the bonds. The authority is authorized to enter into any agreements necessary or desirable to effectuate the purposes of this section.
(2) The proceeds from the sale of the bonds, other than refunding bonds, issued pursuant to this section, after payment of any costs related to the issuance of such bonds, shall be paid by the authority to the Kansas public employees retirement system to be applied to the payment, in full or in part, of the unfunded accrued pension liability as directed by the Kansas public employees retirement system.
(3) The state hereby pledges and covenants with the holders of any bonds issued pursuant to the provisions of this section that it will not limit or alter the rights or powers vested in the authority by this section, nor limit or alter the rights or powers of the authority, the department of administration or the Kansas public employees retirement system, in any manner which would jeopardize the interest of the holders or any trustee of such holders or inhibit or prevent performance or fulfillment by the authority, the department of administration or the Kansas public employees retirement system with respect to the terms of any agreement made with the holders of the bonds or agreements made pursuant to this section, except that the failure of the legislature to appropriate moneys for any purpose shall not be deemed a violation of this pledge and covenant. The department of administration is hereby specifically authorized to include this pledge and covenant in any agreement with the authority. The authority is hereby specifically authorized to include this pledge and covenant in any bond resolution, trust indenture or agreement for the benefit of holders of the bonds.
(4) Revenue bonds may be issued pursuant to this section without obtaining the consent of any department, division, commission, board or agency of the state, other than the approvals of the state finance council required by this section, and without any other proceedings or the occurrence of any other conditions or other things other than those proceedings, conditions or things which are specifically required by the Kansas development finance authority act.
(d) The department of administration and the authority are authorized to enter into one or more contracts to implement the payment arrangement that is provided for in this section. The contract or contracts shall provide for payment of the amounts required to be paid pursuant to this section and shall set forth the procedure for the transfer of moneys for the purpose of paying such moneys. The contract or contracts shall contain such terms and conditions, including principal amount, interest rates and final maturity, as shall be approved by resolution of the state finance council and shall include, but not be limited to, terms and conditions necessary or desirable to provide for repayment of and to secure any bonds of the authority issued pursuant to this section.
(e) The approvals by the state finance council required by subsections (a) and (d) are hereby characterized as matters of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto. Such approvals may be given by the state finance council when the legislature is in session.
History: L. 2015, ch. 39, § 1; April 23.
(a) The Kansas development finance authority is hereby authorized to issue one or more series of revenue bonds under the Kansas development finance act in an amount necessary to provide a deposit or deposits to the Kansas public employees retirement system in a total amount not to exceed $500,000,000 plus all amounts required to pay the cost of issuance of the bonds, including any credit enhancement, interest costs and provide any required reserves for the bonds. No bonds shall be issued until such issuance has been approved by a resolution of the state finance council. The principal amount, interest rates and final maturity of such revenue bonds and any bonds issued to refund such bonds or parameters for such principal amount, interest rates and final maturity shall be approved by a resolution of the state finance council, except that, for any one or more series of revenue bonds issued pursuant to this section, such interest rate, all inclusive cost, shall not exceed 4.3%. The bonds, and interest thereon, issued pursuant to this section shall be payable from moneys appropriated by the state for such purpose. The bonds, and interest thereon, issued pursuant to this section shall be obligations only of the authority and in no event shall such bonds constitute an indebtedness or obligation of the Kansas public employees retirement system or an indebtedness or obligation for which the faith and credit or any assets of the system are pledged. Neither the state nor the department of administration shall have the power to pledge the full faith and credit or taxing power of the state for debt service on any bonds issued pursuant to this section, and any payment by the department for such purpose shall be subject to and dependent on appropriations by the legislature. Any obligation of the state or the department for payment of debt service on bonds issued pursuant to this section shall not be considered a debt or obligation of the state for the purpose of section 6 of article 11 of the constitution of the state of Kansas.
(b) As used in this section, "unfunded actuarial pension liability" means the unfunded actuarially accrued liability of the state for the state of Kansas' and participating employers' under K.S.A. 74-4931, and amendments thereto, portion of such liability of the Kansas public employees retirement system, determined as of the later of December 31, 2019, or the end of the most recent calendar year for which an actuarial valuation report is available and certified to the Kansas development finance authority by the executive director of the Kansas public employees retirement system.
(c) (1) The authority may pledge the contract or contracts authorized in subsection (d), or any part thereof, for the payment or redemption of the bonds, and covenant as to the use and disposition of moneys available to the authority for payments of the bonds. The authority is authorized to enter into any agreements necessary or desirable to effectuate the purposes of this section.
(2) The proceeds from the sale of the bonds, other than refunding bonds, issued pursuant to this section, after payment of any costs related to the issuance of such bonds, shall be paid by the authority to the Kansas public employees retirement system to be applied to the payment, in full or in part, of the unfunded actuarial pension liability as directed by the Kansas public employees retirement system.
(3) The state hereby pledges and covenants with the holders of any bonds issued pursuant to this section that it will not limit or alter the rights or powers vested in the authority by this section, nor limit or alter the rights or powers of the authority, the department of administration or the Kansas public employees retirement system, in any manner that would jeopardize the interest of the holders or any trustee of such holders or inhibit or prevent performance or fulfillment by the authority, the department of administration or the Kansas public employees retirement system with respect to the terms of any agreement made with the holders of the bonds or agreements made pursuant to this section, except that failure of the legislature to appropriate moneys for any purpose shall not be deemed a violation of this pledge and covenant. The department of administration is hereby specifically authorized to include this pledge and covenant in any agreement with the authority. The authority is hereby specifically authorized to include this pledge and covenant in any bond resolution, trust indenture or agreement for the benefit of the holders of the bonds.
(4) Revenue bonds may be issued pursuant to this section without obtaining the consent of any department, division, commission, board or agency of the state, other than the approvals of the state finance council required by this section, and without any other proceedings or the occurrence of any other conditions or things other than those proceedings, conditions or things that are specifically required by the Kansas development finance authority act.
(d) The department of administration and the authority are authorized to enter into one or more contracts to implement the payment arrangement that is provided for in this section. The contract or contracts shall provide for payment of the amounts required to be paid pursuant to this section and shall set forth the procedure for the transfer of moneys for the purpose of paying such moneys. The contract or contracts shall contain such terms and conditions, including principal amount, interest rates and final maturity as shall be approved by resolution of the state finance council and shall include, but not be limited to, terms and conditions necessary or desirable to provide for the repayment of and to secure any bonds of the authority issued pursuant to this section.
(e) The approvals by the state finance council required by subsections (a) and (d) are hereby characterized as matters of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto. Such approvals may be given by the state finance council when the legislature is in session.
History: L. 2021, ch. 84, § 1; April 29.
History: L. 2011, ch. 98, § 9; Repealed, L. 2013, ch. 134, § 28; July 1.
History: L. 2011, ch. 98, § 10; Repealed, L. 2013, ch. 134, § 28; July 1.
(a) The provisions of this section and any related provisions shall not be implemented until the board of trustees of the Kansas public employees retirement system has obtained approval for the election and related provisions specified in this section from the federal internal revenue service. The board may implement the remainder of this act prior to implementation of this section. To that end, this section and provisions related thereto are severable from the remainder of this act and shall be repealed if the federal internal revenue service refuses to grant such approval or issues an adverse decision.
(b) Except as otherwise provided in this act, a member of the system under the provisions of K.S.A. 74-4901 et seq., and amendments thereto, on July 1, 2013, may elect to: (1) Contribute, commencing January 1, 2014, 5% of such member's compensation as employee contributions, and commencing January 1, 2015, and in each subsequent calendar year, 6% of such member's compensation as employee contributions, and to receive an amount for participating service equal to the total of 1.85% of such member's final average salary; or (2) continue to contribute 4% of such member's compensation as employee contributions, and to receive an amount for participating service equal to the total of 1.4% of such member's final average salary. Members shall make such election within a 90-day period established by the board.
(c) Except as otherwise provided in this act, a member of the system under the provisions of the Kansas public employees retirement act of 2009, on July 1, 2013, may elect to: (1) Continue to contribute, commencing January 1, 2014, 6% of such member's compensation as employee contributions pursuant to K.S.A. 74-49,210, and amendments thereto, receive an annual cost-of-living adjustment pursuant to K.S.A. 74-49,213, and amendments thereto, and receive an amount for participating service equal to the total of 1.4% of the member's final average salary; or (2) continue to contribute 6% of such member's compensation as employee contributions and not be eligible to receive an annual cost-of-living adjustment pursuant to K.S.A. 74-49,213, and amendments thereto. Members who make this election to contribute at the 6% amount pursuant to this subsection and not be eligible to receive an annual cost-of-living adjustment shall receive an amount for participating service equal to the total of 1.75% of the member's final average salary. Members shall make such election within a 90-day period established by the board.
(d) (1) Elections made pursuant to this section shall be made on a form and in a manner prescribed by the board.
(2) A member failing to make an election pursuant to subsection (b) shall contribute 6% of such member's compensation as employee contributions, and shall receive an amount for participating service equal to the total of 1.85% of the member's final average salary.
(3) A member failing to make an election pursuant to subsection (c) shall contribute 6% of such member's compensation as employee contribution, shall not receive an annual cost-of-living adjustment pursuant to K.S.A. 74-49,213, and amendments thereto, and shall receive an amount for participating service equal to the total of 1.75% of the member's final average salary.
(4) An election under this section, including the default election pursuant to subsection (d)(2) or (d)(3), is a one-time irrevocable election.
(e) The provisions of this section shall take effect July 1, 2012, and upon the date of publication in the Kansas register of the notice prescribed in K.S.A. 74-49,133.
History: L. 2011, ch. 98, § 8; July 1.
(a) The provisions of this section and any related provisions shall not be implemented until the board of trustees of the Kansas public employees retirement system has obtained approval for the election and related provisions specified in this section from the federal internal revenue service. The board may implement the remainder of this act prior to implementation of this section. To that end, this section and provisions related thereto are severable from the remainder of this act and shall be repealed if the federal internal revenue service refuses to grant such approval or issues an adverse decision.
(b) Except as otherwise provided in this act, a member of the system under the provisions of K.S.A. 74-4901 et seq., and amendments thereto, on July 1, 2013, may elect to: (1) Contribute, commencing January 1, 2014, 5% of such member's compensation as employee contributions, and commencing January 1, 2015, and in each subsequent calendar year, 6% of such member's compensation as employee contributions, and to receive an amount for participating service equal to the total of 1.85% of such member's final average salary; or (2) continue to contribute 4% of such member's compensation as employee contributions, and to receive an amount for participating service equal to the total of 1.4% of such member's final average salary. Members shall make such election within a 90-day period established by the board.
(c) (1) Elections made pursuant to this section shall be made on a form and in a manner prescribed by the board.
(2) A member failing to make an election pursuant to subsection (b) shall contribute, commencing January 1, 2014, 5% of such member's compensation as employee contributions, and commencing January 1, 2015, and in each subsequent year, 6% of such member's compensation as employee contributions, and shall receive an amount for participating service equal to the total of 1.85% of the member's final average salary.
(3) An election under this section, including the default election pursuant to subsection (c)(2), is a one-time irrevocable election.
History: L. 2012, ch. 171, § 24; L. 2013, ch. 132, § 6; June 13.
(a) Beginning in calendar year 2019, a financial-compliance audit shall be conducted annually on the accounts and transactions of the Kansas public employees retirement system. The first financial-compliance audit shall examine the accounts and transactions for fiscal year 2019. The auditor to conduct this audit work shall be selected as provided in subsection (c). The audit required pursuant to this subsection shall be conducted in accordance with generally accepted governmental auditing standards, and shall be conducted as soon after the close of the fiscal year as practicable, but shall be completed no later than the deadlines as set forth in K.S.A. 74-49,137, and amendments thereto.
(b) The financial-compliance audit of the Kansas public employees retirement system shall include, but not be limited to, a review of alternative investments of the system with any estimates of permanent impairments to the value of such alternative investments reported by the system pursuant to K.S.A. 74-4907, and amendments thereto, and a review of any internal assessment or examination of alternative investments of the system performed and reported pursuant to K.S.A. 74-4921(12)(a), and amendments thereto.
(c) The Kansas public employees retirement system board of trustees shall be responsible for the procurement of an auditing firm under the provisions of K.S.A. 75-37,132, and amendments thereto.
History: L. 2018, ch. 89, § 8; May 24.
(a) The executive director of the Kansas public employees retirement system shall monitor the performance of the firm conducting an audit to ensure that such audit is performed in accordance with the specifications developed for the conduct of such audit.
(b) The executive director of the Kansas public employees retirement system shall submit a preliminary draft of the management's discussion and analysis and the financial statements by October 1 of each year to the secretary of administration and the firm selected to perform an audit required by K.S.A. 74-49,136, and amendments thereto. The executive director of the Kansas public employees retirement system shall submit the final draft of the management's discussion and analysis and the financial statements by October 15 of each year to the secretary of administration and the firm selected to perform an audit required by K.S.A. 74-49,136, and amendments thereto. The final audit opinion letter shall be submitted by November 1 of each year by the firm selected to perform an audit by K.S.A. 74-49,136, and amendments thereto, to the executive director of the Kansas public employees retirement system, the secretary of administration and the legislative post audit committee.
(c) In the performance of such audit, the officers and employees of the firm performing the audit shall be subject to the same duty of confidentiality applicable to the post auditor and officers and employees of the division of post audit under the legislative post audit act, and shall have access to all books, accounts, records, files, documents and correspondence, confidential or otherwise, of any person, any affiliated employer or state agency subject to the audit.
History: L. 2018, ch. 89, § 9; May 24.
(a) The provisions of K.S.A. 74-49,201 through 74-49,213, and amendments thereto, shall be known and may be cited as the Kansas public employees retirement system act of 2009, and shall be effective on and after July 1, 2009.
(b) The board of trustees of the Kansas public employees retirement system shall administer the provisions of this act in the same manner as the board administers the provisions of K.S.A. 74-4901 et seq., and amendments thereto, except as specifically provided in this act.
(c) Unless specifically provided in this act, the provisions of K.S.A. 74-4901 et seq., and amendments thereto, shall be applicable to this act. In an event that a conflict exists between the provisions of this act and the provisions of K.S.A. 74-4901 et seq., and amendments thereto, the provisions of this act shall control, and to that end, no legal or contractual rights shall inure to the benefit of members or participating employers under this act with regard to the provisions of K.S.A. 74-4901 et seq., and amendments thereto, when the provisions of this act control.
(d) Each participating employer as provided in this act and each employee as defined by this act shall be subject to the provisions of this act as specified in this act and subject to the provisions of K.S.A. 74-4901 et seq., and amendments thereto, as appropriate as to terms, conditions and requirements not specifically covered in this act. The provisions of this act shall not apply to members of the Kansas public employees retirement system as provided in K.S.A. 74-4901 et seq., and amendments thereto, employed by a participating employer prior to July 1, 2009.
(e) The provisions of this act shall be part of and supplemental to the provisions of K.S.A. 74-4901 et seq., and amendments thereto, subject to the limitations contained in this act.
History: L. 2007, ch. 164, § 1; July 1.
(a) As used in this act, unless otherwise provided or the context otherwise requires: (1) "Act" means the Kansas public employees retirement system act of 2009, K.S.A. 74-49,201 through 74-49,213, and amendments thereto;
(2) "compensation" means the same as such term is defined in K.S.A. 74-4902, and amendments thereto, except that when the compensation of a member who remains in substantially the same position during any two consecutive years of participating service used in calculating final average salary is increased by an amount which exceeds 7.5%, then the amount of such increase which exceeds 7.5% shall not be included in compensation, except that: (A) Any amount of compensation for accumulated sick leave or vacation or annual leave paid to the member, (B) any increase in compensation for any member due to the reclassification or reallocation of such member's position or a reassignment of such member's job classification to a higher range or level and, (C) any increase in compensation as provided in any contract entered into prior to January 1, 1991, and still in force on July 1, 2009, pursuant to an early retirement incentive program as provided in K.S.A. 72-5395 et seq., and amendments thereto, shall be included in the amount of compensation of such member used in determining such member's final average salary and shall not be subject to the 7.5% limitation provided in this subsection. Any contributions by such member on the amount of such increase which exceeds 7.5% which is not included in compensation shall be returned to the member;
(3) "covered position" means a position with an affiliated employer that is eligible for membership in the Kansas public employees retirement system pursuant to the provisions of K.S.A. 74-4901 et seq., and amendments thereto;
(4) "employee" means the same as such term is defined in K.S.A. 74-4902, and amendments thereto, except that only employees first employed by a participating employer on or after July 1, 2009, or employees of a participating employer which affiliates on or after July 1, 2009, are subject to the provisions of this act. The term employee shall include employees as provided in K.S.A. 74-4931 et seq., and amendments thereto, first employed by a participating employer on or after July 1, 2009, or such employees of a participating employer which affiliates on or after July 1, 2009;
(5) "entry date" means the entry date as of which an eligible employer joins the system. The first entry date is July 1, 2009. All employers which are eligible employers under the provisions of K.S.A. 74-4901 et seq., and amendments thereto, are eligible employers under this act. The entry date for participating employers under the provisions of K.S.A. 74-4901 et seq., and amendments thereto, is July 1, 2009;
(6) "final average salary" means the average highest annual salary, as defined in K.S.A. 74-4902, and amendments thereto, paid to such member for any five years of participating service preceding retirement or termination of employment;
(7) "first employed" means an employee has not been an employee in a covered position of any participating employer prior to July 1, 2009, and is employed by a participating employer in a covered position on or after July 1, 2009; an employee who is a former member of the system who withdrew contribution accounts before July 1, 2009, and who is again employed by a participating employer in a covered position on or after July 1, 2009; or an employee who was an inactive non-vested member and who is again employed by a participating employer in a covered position on or after July 1, 2009;
(8) "inactive, non-vested member" means a member who has terminated employment with a participating employer and who does not have a vested retirement benefit in the system on July 1, 2009;
(9) "normal retirement date" means the date on or after which a member may retire with all retirement benefits pursuant to K.S.A. 74-49,204, and amendments thereto;
(10) "participating employer" means an eligible employer who has agreed to make contributions to the system on behalf of its employees first hired on or after July 1, 2009. All participating employers under the provisions of K.S.A. 74-4901 et seq., and amendments thereto, shall be participating employers under this act; and
(11) "salary" means the same as such term is defined in K.S.A. 74-4902, and amendments thereto, except that when the salary of a member who remains in substantially the same position during any two consecutive years of participating service used in calculating final average salary is increased by an amount which exceeds 7.5%, then the amount of such increase which exceeds 7.5% shall not be included in salary. Any contributions by such member on the amount of such increase which exceeds 7.5% which is not included in salary shall be returned to the member. All other provisions in K.S.A. 74-4902, and amendments thereto, related to compensation and salary of a member that are not in conflict with the provisions of this act are hereby adopted for determining final average salary under this act.
(b) Unless specifically provided in this section or in this act, words and phrases used in this act shall have the meanings ascribed to them as provided under the provisions of K.S.A. 74-4901 et seq., and amendments thereto.
History: L. 2007, ch. 164, § 2; L. 2008, ch. 113, § 21; July 1.
(a) Any employee other than an elected official of a participating employer who is first employed by a participating employer on or after July 1, 2009, shall be a member of the system under the provisions of this act on the first day of employment of such employee with such participating employer.
(b) Any employee other than an elected official of a participating employer which affiliates with the system on or after July 1, 2009, shall be a member of this system under the provisions of this act on the entry date of such participating employer.
(c) Any non-vested employee other than an elected official of a participating employer who has been employed in a covered position as defined in subsection (3) of K.S.A. 74-49,202, and amendments thereto, other than with a school employer, shall remain a member of the Kansas public employees retirement system as provided pursuant to K.S.A. 74-4901 et seq., and amendments thereto, on and after July 1, 2009, if the member: (1) Does not leave covered employment with a participating employer for a period of time exceeding 30 consecutive days; (2) does not withdraw the member's accumulated contributions and interest, forfeiting such member's membership in the interim; and (3) returns to covered employment with a participating employer in a covered position within the 30-day time period. Any non-vested employee other than an elected official of a participating employer who has been employed in a covered position as defined in subsection (3) of K.S.A. 74-49,202, and amendments thereto, with a participating school employer shall remain a member of the Kansas public employees retirement system as provided pursuant to K.S.A. 74-4901 et seq., and amendments thereto, if the member was employed in a covered position with a participating school employer for the duration of the school year and immediately returns to covered employment with another participating school employer at the beginning of the following school year, and the member does not withdraw the member's accumulated contributions and interest, forfeiting such member's membership in the interim.
(d) Any employee who is an elected official and who first took office on or after July 1, 2009, and is eligible to join the system shall file, within 90 days after taking the oath of office, an irrevocable election to become or not to become a member of the system under the provisions of the Kansas public employees retirement system act of 2009. Such election shall become effective immediately upon making such election, if such election is made within 14 days of taking the oath of office or, otherwise, on the first day of the first payroll period of the first quarter following receipt of the election in the office of the retirement system. In the event that such elected official fails to file the election to become a member of the retirement system, it shall be presumed that such person has elected not to become a member.
History: L. 2007, ch. 164, § 3; L. 2008, ch. 113, § 22; July 1.
The normal retirement date for a member of the system first employed by a participating employer on or after July 1, 2009, shall be the first day of the month coinciding with or following termination of employment with any participating employer not followed by employment with any participating employer within 60 days, or 180 days as provided in K.S.A. 74-4914(10), and amendments thereto, without any prearranged agreement for employment with any participating employer, and the attainment of age 65 with the completion of five years of credited service, or age 60 with the completion of 30 years of credited service. The provisions of this section shall apply to a member of the retirement system who is in school employment and who is subject to K.S.A. 74-4940, and amendments thereto.
History: L. 2007, ch. 164, § 4; L. 2014, ch. 31, § 1; L. 2017, ch. 87, § 3; July 1.
For any member who is first employed by a participating employer on or after July 1, 2009, and who retires on or after such member's normal retirement date, or such member's retirement date pursuant to early retirement as provided pursuant to K.S.A. 74-49,206, and amendments thereto, but prior to July 1, 2012, the amount for participating service shall be equal to the total of 1.75% of the member's final average salary, and for any member who retires on or after such member's normal retirement date, or such member's retirement date pursuant to early retirement as provided pursuant to K.S.A. 74-49,206, and amendments thereto, and on and after July 1, 2012, the amount for participating service shall be equal to 1.85% of the member's final average salary, multiplied by the number of years of participating service to be used in determining such member's annual retirement benefit. Notwithstanding any law to the contrary, for any member who retired on and after July 1, 2012, but prior to the effective date of this act, such member's annual retirement benefit shall be redetermined with the amount for participating service to be used in determining such member's annual retirement benefit equal to 1.85% of the member's final average salary. Any underpayment to such member for any monthly retirement benefit as determined pursuant to this section shall be paid to such member by the system by means of a one-time redetermination benefit payment in a form and manner prescribed by the board.
History: L. 2007, ch. 164, § 5; L. 2012, ch. 171, § 23; L. 2013, ch. 132, § 7; June 13.
(a) Any member of the system first employed on or after July 1, 2009, who retires before attaining age 65 and has attained age 55 with the completion of 10 years of credited service and less than 30 years of credited service, shall receive an annual retirement benefit as calculated in K.S.A. 74-49,205, and amendments thereto, actuarially reduced for early retirement. The reduction for early retirement shall produce a benefit which is actuarially equivalent to, and has the same present value of, the annual retirement benefit determined in K.S.A. 74-49,205, and amendments thereto, payable to such member's normal retirement at age 65. The actuarial basis for reduction of such annual retirement benefit for early retirement shall be set by the board.
(b) Any member of the system first employed on or after July 1, 2009, who retires before attaining age 65 and has attained age 55 but has not yet attained age 60 with the completion of 30 years or more of credited service, shall receive an annual retirement benefit equal to the average of the normal retirement benefit at age 65 as determined in K.S.A. 74-49,205, and amendments thereto, and the early retirement benefit as determined in subsection (a).
History: L. 2007, ch. 164, § 6; July 1.
(a) (1) Notwithstanding the provisions of K.S.A. 74-49,204, and amendments thereto, the normal retirement date for all security officers, as defined by subsections (1)(a) or (1)(b) of K.S.A. 74-4914a, and amendments thereto, with at least three consecutive years of service as such security officer immediately preceding the date of retirement, shall be the first day of the month coinciding with or following the attainment of age 55 with completion of 10 years of service.
(2) Any such security officer may retire before such normal retirement date on the first day of any month coinciding with or following the attainment of age 50 or completion of 10 years of credited service, whichever occurs later.
(b) (1) Notwithstanding the provisions of K.S.A. 74-49,204, and amendments thereto, the normal retirement date for all security officers, as defined by subsections (1)(c), (d), (e) or (f) of K.S.A. 74-4914a, and amendments thereto, with at least three consecutive years of service as such security officer immediately preceding the date of retirement, shall be the first day of the month coinciding with or following the attainment of age 60 with completion of 10 years of service.
(2) Any such security officer may retire before such normal retirement date on the first day of any month coinciding with or following the attainment of age 55 or completion of 10 years of credited service, whichever occurs later.
(c) Any security officer who retires before the normal retirement date as provided pursuant to subsection (a)(2) or (b)(2), shall receive an annual retirement benefit as calculated in K.S.A. 74-49,205, and amendments thereto, actuarially reduced for early retirement. The reduction for early retirement shall produce a benefit which is actuarially equivalent to, and has the same present value of, the annual retirement benefit determined in K.S.A. 74-49,205, and amendments thereto, payable to such member's normal retirement date in accordance with the provisions of this section. The actuarial basis for reduction of such annual retirement benefit for early retirement shall be set by the board.
History: L. 2007, ch. 164, § 7; L. 2008, ch. 113, § 23; July 1.
Any member who is first employed by a participating employer on or after July 1, 2009, and who has completed five years of credited service at the time of termination, shall be granted a vested retirement benefit in the system, except that at any time prior to the commencement of retirement benefit payments the member may withdraw accumulated contributions, whereupon no other benefits shall be payable for such member's prior and participating benefits. Any member who is not vested under the Kansas public employees retirement system pursuant to the provisions of K.S.A. 74-4901 et seq., and amendments thereto, and completed five years of credited service and remains employed by the same participating employer without termination in a non-covered position shall be granted a vested benefit in the system.
History: L. 2007, ch. 164, § 8; L. 2008, ch. 113, § 24; July 1.
Any member who is first employed by a participating employer on or after July 1, 2009, may elect to have such member's retirement benefit paid under one of the options provided in K.S.A. 74-4918, and amendments thereto, in lieu of having it paid in the form stated in K.S.A. 74-49,205 and K.S.A. 74-4915, and amendments thereto, except that any such member or such member's spouse that elects to be paid a lump sum amount to be paid to the member upon retirement as provided pursuant to K.S.A. 74-4918, and amendments thereto, shall be paid in 10% increments and shall not exceed 30% of the actuarial present value of the benefit provided in K.S.A. 74-49,205 and K.S.A. 74-4915, and amendments thereto; and for any such member who elects any joint and survivor options provided in K.S.A. 74-4918, and amendments thereto, such member shall have such member's annual retirement benefit determined and then reduced by an amount recommended by the actuary employed by the system and approved by the board.
History: L. 2007, ch. 164, § 9; July 1.
(a) Each participating employer who was a participating employer under the provisions of K.S.A. 74-4901 et seq., and amendments thereto, before July 1, 2009, beginning with the first payroll for services performed by an employee first employed on or after July 1, 2009, shall deduct from the compensation of each member 6% of such member's compensation as employee contributions.
(b) Each participating employer who affiliates for any purpose on or after July 1, 2009, beginning with the first payroll for services performed by an employee first employed on or after July 1, 2009, shall deduct from the compensation of each member 6% of such member's compensation as employee contributions.
History: L. 2007, ch. 164, § 10; July 1.
The rate of contribution for participating employers who were participating employers under the provisions of K.S.A. 74-4901 et seq., and amendments thereto, on July 1, 2009, and for participating employers who affiliate for any purpose on or after July 1, 2009, shall be as provided pursuant to K.S.A. 74-4920, and amendments thereto, except that such rate of contribution for any such participating employers shall not be less than the rate of contribution the employees of such participating employers as provided in K.S.A. 74-49,209 and K.S.A. 74-4920, and amendments thereto.
History: L. 2007, ch. 164, § 11; July 1.
(a) For any year in which: (1) The rate of contribution certified to the state of Kansas and to participating employers under K.S.A. 74-4931, and amendments thereto, for the immediately preceding fiscal year, as calculated in accordance with subsection (1)(a) of K.S.A. 74-4920 and subsection (5)(b)(ii) of 74-4920, and amendments thereto, equals the actuarially-determined rate of contribution required from the state of Kansas and from participating employers under K.S.A. 74-4931, and amendments thereto; and (2) the board of trustees upon the basis of the annual actuarial valuation as provided for in subsection (3)(a) of K.S.A. 74-4908, and amendments thereto, recommend an increase in the actuarially-determined estimate of the rate of the contribution which will be required, together with all accumulated contributions and other assets of the system, to pay the liabilities which shall exist or accrue under the system, the legislature reserves the right to adjust the employee rate of contribution prescribed in K.S.A. 74-49,210, and amendments thereto, to allow participating employers and employees to share equally any additional contribution rate actuarially required to fund the system subject to the provisions of K.S.A. 74-49,211, and amendments thereto.
(b) For any year in which: (1) The rate of contribution certified to participating employers other than the state of Kansas for the immediately preceding fiscal year, as calculated in accordance with subsection (1)(a) of K.S.A. 74-4920, subsection (1)(b)(ii) of 74-4920 and subsection (5)(b)(iv) of 74-4920, and amendments thereto, equals the actuarially-determined rate of contribution required from participating employers other than the state of Kansas; and (2) the board of trustees upon the basis of the annual actuarial valuation as provided for in subsection (3)(a) of K.S.A. 74-4908, and amendments thereto, recommend an increase in the actuarially-determined estimate of the rate of contribution which will be required, together with all accumulated contributions and other assets of the system, to pay the liabilities which shall exist or accrue under the system, the legislature reserves the right to adjust the employee rate of contribution prescribed in K.S.A. 74-49,210, and amendments thereto, to allow participating employers and employees to share equally any additional contribution rate actuarially required to fund the system subject to the provisions of K.S.A. 74-49,211, and amendments thereto.
History: L. 2007, ch. 164, § 12; July 1.
History: L. 2007, ch. 164, § 13; Repealed, L. 2012, ch. 171, § 33; July 1.
(a) The provisions of K.S.A. 74-49,301 through 74-49,318, and amendments thereto, shall be known and may be cited as the Kansas public employees retirement system act of 2015.
(b) Any employee who is first employed by a participating employer on or after January 1, 2015, shall be a member of the system under the provisions of this act on the first day of employment of such employee with such participating employer.
(c) (1) Any non-vested employee other than an elected official of a participating employer who has been employed in a covered position as defined in K.S.A. 74-49,202, and amendments thereto, other than with a school employer, shall remain a member of the Kansas public employees retirement system as provided pursuant to K.S.A. 74-4901 et seq., and amendments thereto, on and after July 1, 2009, if the member: (A) Does not leave covered employment with a participating employer for a period of time exceeding 30 consecutive days; (B) does not withdraw such member's annuity savings account as defined by K.S.A. 74-49,302, and amendments thereto, forfeiting such member's membership in the interim; and (C) returns to covered employment with a participating employer in a covered position within such 30-day time period.
(2) Any non-vested employee other than an elected official of a participating employer who has been employed in a covered position with a participating school employer, shall remain a member of the Kansas public employees retirement system as provided pursuant to K.S.A. 74-4901 et seq., and amendments thereto, if the member: (A) Was employed in a covered position with a participating school employer for the duration of the school year and immediately returns to covered employment with another participating school employer at the beginning of the following school year; and (B) does not withdraw such member's annuity savings account as defined by K.S.A. 74-49,302, and amendments thereto, forfeiting such member's membership in the interim.
(d) This act does not apply to members of the Kansas police and firemen's retirement system, K.S.A. 74-4951 et seq., and amendments thereto, the retirement system for judges, K.S.A. 20-2601 et seq., and amendments thereto, and security officers as provided in K.S.A. 74-4914a, and amendments thereto.
(e) A system member may not simultaneously be a member of the pre-2015 plan and the plan established pursuant to this act. A period of service may not be credited in more than one retirement plan within the system.
(f) The board of trustees of the Kansas public employees retirement system shall administer the provisions of this act in the same manner as the board administers the provisions of K.S.A. 74-4901 et seq., and amendments thereto, except as specifically provided in this act.
(g) Unless specifically provided in this act, the provisions of K.S.A. 74-4901 et seq., and amendments thereto, shall be applicable to this act. In an event that a conflict exists between the provisions of this act and the provisions of K.S.A. 74-4901 et seq., and amendments thereto, the provisions of this act shall control, and to that end, no legal or contractual rights shall inure to the benefit of members or participating employers under this act with regard to the provisions of K.S.A. 74-4901 et seq., and amendments thereto, when the provisions of this act control.
(h) Each participating employer as provided in this act and each employee as defined by this act shall be subject to the provisions of this act as specified in this act and subject to the provisions of K.S.A. 74-4901 et seq., and amendments thereto, as appropriate as to terms, conditions and requirements not specifically covered in this act. The provisions of this act shall not apply to members of the Kansas public employees retirement system as provided in K.S.A. 74-4901 et seq., and 74-49,201 et seq., and amendments thereto, first employed by a participating employer prior to January 1, 2015, unless otherwise provided in this act.
(i) The provisions of this act shall be part of and supplemental to the provisions of K.S.A. 74-4901 et seq., and amendments thereto, subject to the limitations contained in this act.
History: L. 2012, ch. 171, § 1; L. 2013, ch. 132, § 8; June 13.
(a) As used in this act, unless otherwise provided or the context otherwise requires:
(1) "Act" means the Kansas public employees retirement system act of 2015;
(2) "active member" means a member who is actively employed by a participating employer;
(3) "annuity savings account" means the account maintained for contributions of members under K.S.A. 74-49,303, and amendments thereto;
(4) "covered position" means a position with an affiliated employer that is eligible for membership in the Kansas public employees retirement system pursuant to the provisions of K.S.A. 74-4901 et seq., and amendments thereto;
(5) "employee" means the same as such term is defined in K.S.A. 74-4902, and amendments thereto, except that only employees who are first employed by a participating employer on or after January 1, 2015, or employees of a participating employer which affiliates on or after January 1, 2015, are subject to the provisions of this act. The term employee shall include employees as provided in K.S.A. 74-4931 et seq., and amendments thereto, first employed by a participating employer on or after January 1, 2015, or such employees of a participating employer which affiliates on or after January 1, 2015;
(6) "first employed" means an employee has not been an employee in a covered position of any participating employer prior to January 1, 2015, and is employed by a participating employer in a covered position on or after January 1, 2015; an employee who is a former member of the system who withdrew contribution accounts before January 1, 2015, and who is again employed by a participating employer in a covered position on or after January 1, 2015; or an employee who was an inactive non-vested member and who is again employed by a participating employer in a covered position on or after January 1, 2015;
(7) "inactive, non-vested member" means a member who has terminated employment with a participating employer and who does not have a vested retirement benefit in the system on January 1, 2015;
(8) "member" means an individual who is required by K.S.A. 74-49,301, and amendments thereto, to be a member of the plan;
(9) "normal retirement age" means the attainment of age 65 with completion of five years of credited service, or 60 with the completion of 30 years of credited service;
(10) "plan" means the plan established within the Kansas public employees retirement system by K.S.A. 74-49,303, and amendments thereto;
(11) "pre-2015 defined benefit plan" means the plan established pursuant to K.S.A. 74-4901 et seq., and amendments thereto, and K.S.A. 74-49,201 et seq., and amendments thereto;
(12) "retirement annuity account" means the account established for employer credits of members under K.S.A. 74-49,303, and amendments thereto; and
(13) "system" means the Kansas public employees retirement system.
(b) Unless specifically provided in this section or in this act, words and phrases used in this act shall have the meanings ascribed to them as provided under the provisions of K.S.A. 74-4901 et seq., and amendments thereto.
History: L. 2012, ch. 171, § 2; July 1.
(a) The board shall establish within the Kansas public employees retirement system a plan in accordance with the provisions of this act. Such plan shall be established as part of the pension plan pursuant to the provisions of K.S.A. 74-4920, and amendments thereto, for the exclusive benefit of members and such member's beneficiaries and as a qualified governmental plan pursuant to sections 401(a) and 414(d) of the federal internal revenue code and its implementing regulations. Such plan is established in addition to any retirement, pension, deferred compensation or other benefit plan currently administered by the state or a political subdivision. Assets of the plan shall be held in the trust for the Kansas public employees retirement system.
(b) The board shall establish for each member under this plan a retirement annuity account, which shall be credited with employer credits and interest credits on those employer credits as determined by the board under K.S.A. 74-49,308, and amendments thereto. The retirement annuity account shall be used to determine a lump-sum distribution or an annuity for a vested member upon retirement as provided in K.S.A. 74-49,313, and amendments thereto.
(c) The board shall establish an annuity savings account for each member, which shall be credited with employee contributions and interest credits under K.S.A. 74-49,306, and amendments thereto. For a vested member under K.S.A. 74-49,312, and amendments thereto, the annuity savings account shall be used to fund the lump-sum or annuity benefits upon retirement as provided in K.S.A. 74-49,311, and amendments thereto.
History: L. 2012, ch. 171, § 3; July 1.
The board has the powers and shall perform the duties regarding the plan established under this act as provided in K.S.A. 74-4909, and amendments thereto, as applicable. The board may also exercise the powers and shall perform the duties provided in this act.
History: L. 2012, ch. 171, § 4; July 1.
(a) An active member shall contribute 6% of compensation to such member's annuity savings account. Such contributions shall be picked up by the employer via a salary reduction as provided in section 414(h)(2) of the federal internal revenue code. An employer may not pick up these contributions without a corresponding salary reduction as provided in section 414(h)(2) of the federal internal revenue code.
(b) A member may not make voluntary contributions to the plan.
History: L. 2012, ch. 171, § 5; July 1.
(a) A member's annuity savings account is the sum of the member's mandatory contributions plus the interest credits on those contributions, which shall be credited no less frequently than quarterly based on the account balances as of the last day of the preceding quarter. Effective January 1, 2015, the interest credits are 4% per annum. The legislature may from time to time prospectively change the interest credits, and expressly reserves the right to do so.
(b) The board shall provide for an annual additional interest credit. The additional interest credit shall be posted to the member's annuity savings account on March 31 or as soon thereafter as practicable, based on the member's account value as of December 31 of the preceding year. The additional interest credit shall be determined as follows:
(1) For the additional interest credit based on the member's annuity savings account balance as of December 31, 2015, the dividend shall be equal to 75% of the average net rate of return as determined by the board for calendar year 2015 on the market value of the system's assets that is above 6%, except that such additional interest credit shall not exceed 1.5%;
(2) for the additional interest credit based on the member's annuity savings account balance as of December 31, 2016, the dividend shall be equal to 75% of the average net rate of return as determined by the board for calendar years 2015 and 2016 on the market value of the system's assets that is above 6%, except that such additional interest credit shall not exceed 1.5%;
(3) for the additional interest credit based on the member's annuity savings account balance as of December 31, 2017, the dividend shall be equal to 75% of the average net rate of return as determined by the board for calendar years 2015, 2016 and 2017 on the market value of the system's assets that is above 6%, except that such additional interest credit shall not exceed 1.5%;
(4) for the additional interest credit based on the member's annuity savings account balance as of December 31, 2018, the dividend shall be equal to 75% of the average net rate of return as determined by the board for calendar years 2015, 2016, 2017 and 2018 on the market value of the system's assets that is above 6%, except that such additional interest credit shall not exceed 1.5%; and
(5) for the additional interest credit based on the member's annuity savings account balance as of December 31, 2019, and all calendar years thereafter, the dividend shall be equal to 75% of the five-year average net compound rate of return as determined by the board for that calendar year and the previous four calendar years on the market value of the system's assets that is above 6%.
(c) The member's annuity savings account is vested from the date that the employee becomes a member of the plan.
(d) Interest credits under subsections (a) and (b) shall not be granted on the member's annuity savings account following the end of the second plan year following the member's termination of employment under the plan without vesting in the retirement annuity account as provided in K.S.A. 74-49,312, and amendments thereto.
(e) For a member to be eligible for an additional interest credit, the member shall have an account balance at the time the interest credit is posted to the account.
History: L. 2012, ch. 171, § 6; L. 2013, ch. 132, § 9; L. 2014, ch. 29, § 1; July 1.
(a) On a quarterly basis, a percentage of compensation shall be credited to each member's retirement annuity account, as follows:
(1) Three percent of compensation for each member who has less than five years of service;
(2) four percent of compensation for each member who has at least five but less than 12 years of service;
(3) five percent of compensation for each member who has at least 12 but less than 24 years of service; and
(4) six percent of compensation for each member who has 24 or more years of service.
(b) An active member's employer shall contribute a percentage of compensation, determined by the board, which must be allocated to the death and long-term disability plan under K.S.A. 74-4927, and amendments thereto.
(c) The legislature may from time to time prospectively change employer credits provided in this section, and expressly reserves the right to do so.
History: L. 2012, ch. 171, § 7; July 1.
(a) A member's retirement annuity account is the sum of all employer credits to the account plus the interest credits on the account, which shall be credited no less frequently than quarterly, based on the account balances as of the last day of the preceding quarter. Effective January 1, 2015, the interest credits are 4% per annum. The legislature may from time to time prospectively change the interest credits, and expressly reserves the right to do so.
(b) The board shall provide for an annual additional interest credit. The additional interest credit shall be posted to the member's retirement annuity account on March 31 or as soon as practicable, based on the member's account value as of December 31 of the preceding year. The additional interest credit shall be determined as follows:
(1) For the annual additional interest credit based on the member's retirement annuity account balance as of December 31, 2015, the dividend shall be equal to 75% of the average net rate of return as determined by the board for calendar year 2015 on the market value of the system's assets that is above 6%, except that such additional interest credit shall not exceed 1.5%;
(2) for the annual additional interest credit based on the member's retirement annuity account balance as of December 31, 2016, the dividend shall be equal to 75% of the average net rate of return as determined by the board for calendar years 2015 and 2016 on the market value of the system's assets that is above 6%, except that such additional interest credit shall not exceed 1.5%;
(3) for the additional interest credit based on the member's retirement annuity account balance as of December 31, 2017, the dividend shall be equal to 75% of the average net rate of return as determined by the board for calendar years 2015, 2016 and 2017 on the market value of the system's assets that is above 6%, except that such additional interest credit shall not exceed 1.5%;
(4) for the additional interest credit based on the member's retirement annuity account balance as of December 31, 2018, the dividend shall be equal to 75% of the average net rate of return as determined by the board for calendar years 2015, 2016, 2017 and 2018 on the market value of the system's assets that is above 6%, except that such additional interest credit shall not exceed 1.5%; and
(5) for the additional interest credit based on the member's retirement annuity account balance as of December 31, 2019, and all calendar years thereafter, the dividend shall be equal to 75% of the five-year average net compound rate of return as determined by the board for that calendar year and the previous four calendar years on the market value of the system's assets that is above 6%.
(c) For a member to be eligible for an additional interest credit, the member shall have an account balance at the time the interest credit is posted to the account.
(d) Interest credits under subsections (a) and (b) shall not be granted on the member's non-vested retirement annuity account following the end of the second plan year following the member's termination of employment covered under the plan.
History: L. 2012, ch. 171, § 8; L. 2013, ch. 132, § 10; L. 2014, ch. 29, § 2; July 1.
If the member's retirement annuity account is not vested upon the member's termination of plan membership, as provided in K.S.A. 74-49,312, and amendments thereto, the member's service credit, employer credits and interest credits are forfeited as provided in K.S.A. 74-49,312, and amendments thereto. If the member's retirement annuity account is vested upon the member's termination of plan membership, as provided in K.S.A. 74-49,312, and amendments thereto, but the member dies prior to attaining normal retirement age without a spouse eligible for the retirement annuity account under K.S.A. 74-49,313, and amendments thereto, the employer credits and interest credits are forfeited. Forfeitures may not be used to increase a member's account.
History: L. 2012, ch. 171, § 9; July 1.
(a) Any time after termination of service or death, a member who is not vested or the beneficiary of such a member may terminate plan membership by filing a written application with the board and taking a distribution of the member's annuity savings account from the plan through any combination of the following payout options, each of which is subject to the applicable provisions of the federal internal revenue code and the applicable regulations of the internal revenue service:
(1) A direct rollover to an eligible retirement plan; or
(2) a lump-sum distribution.
(b) The board by official action may specify minimum account balances for purposes of allowing benefit payment options and rollovers in accordance with federal law.
History: L. 2012, ch. 171, § 10; July 1.
(a) A member who is eligible for a benefit under subsection (a) or (b) of K.S.A. 74-49,313, and amendments thereto, shall be entitled to a distribution of such member's annuity savings account. Such distribution shall be made using mortality rates and interest rates as provided in subsection (a) of K.S.A. 74-49,313, and amendments thereto, and may be made in any of the annuity options described in subsection (c) of K.S.A. 74-49,313, and amendments thereto. In lieu of an annuity, a member entitled to a benefit under subsection (a) of K.S.A. 74-49,313, and amendments thereto, may elect to receive a lump-sum of such member's annuity savings account of any fixed dollar amount or percent, but in no event may the lump-sum option elected under this section and the lump-sum option elected under subsection (c) of K.S.A. 74-49,313, and amendments thereto, exceed 30% of the total value of such member's annuity savings account and retirement annuity account.
(b) A member who is not eligible for a benefit under subsection (a) or (b) of K.S.A. 74-49,313, and amendments thereto, but who terminates employment in any covered position under the system, may elect to take a distribution of such member's entire annuity savings account balance, but the member shall then forfeit the entire balance in the member's retirement annuity account.
(c) In the case of an active or inactive member:
(1) Who is vested in the member's annuity savings account;
(2) who has five or more years of service at death; and
(3) who dies before attaining normal retirement age, with such member's spouse at time of death designated as such member's sole primary beneficiary, the member's surviving spouse on and after the date the member would have attained normal retirement age had such member not died, shall receive an annuity based upon such member's contributions and interest credits in the annuity savings account, using factors established by the board by official action as of the beneficiary's annuity start date. The form of benefit shall be a single life annuity with 10-year certain.
History: L. 2012, ch. 171, § 11; July 1.
(a) A member is vested, but subject to forfeiture, in the member's retirement annuity account upon completion of five years of service. A member's benefit is nonforfeitable upon the attainment of normal retirement age and the completion of at least five years of service, whichever is later.
(b) If a member who is not vested in the member's retirement annuity account at termination of employment, has not withdrawn such member's annuity savings account and returns to active employment and membership in the plan within five years of such member's termination, such member's prior years of service, employer credits and interest credits shall be restored upon such return to employment and membership.
History: L. 2012, ch. 171, § 12; July 1.
(a) Except as provided in subsection (e), a member who has a nonforfeitable interest in the member's retirement annuity account, at any time after termination from service with any participating employer not followed by employment with any participating employer within 60 days, or 180 days as provided in K.S.A. 74-4914(10), and amendments thereto, and without any prearranged agreement for reemployment with any participating employer, and the attainment of normal retirement age, shall receive an annuity based upon the balance in such member's retirement annuity account, using mortality rates established by the board by official action as of the member's annuity start date and an interest rate equal to the actuarial assumed investment rate of return established by the board minus 2%, as of the member's annuity start date. The legislature may from time to time prospectively change the interest rate and the board may from time to time prospectively change the mortality rates, and the legislature expressly reserves such rights to do so.
(b) Except as provided in subsection (e), a member who has a vested interest in the member's retirement annuity account, who terminates covered employment with any participating employer not followed by employment with any participating employer within 60 days, or 180 days as provided in K.S.A. 74-4914(10), and amendments thereto, and without any prearranged agreement for reemployment with any participating employer, without forfeiting such member's account, with the completion of at least 10 years of service, shall be eligible to receive, upon attainment of age 55, an annuity based upon employer credits and interest credits in such member's retirement annuity account, using mortality rates established by the board by official action as of the member's annuity start date and an interest rate established by the legislature as of the member's annuity start date, and such interest rate shall be equal to the actuarially assumed investment rate of return established by the board minus 2%, as of the member's annuity start date. The legislature may from time to time prospectively change the interest rate and the board may from time to time prospectively change the mortality rates, and the legislature expressly reserves such rights to do so.
(c) The form of benefit payable under subsections (a) and (b) shall be a single life annuity with 10-year certain. The member may elect any option described in K.S.A. 74-4918, and amendments thereto, except the partial lump-sum option, subject to actuarial factors established by the board from time to time. The benefit option selected may include a self-funded cost-of-living adjustment feature, in which the account value is converted to a benefit amount that increases by a fixed percentage over time. One or more fixed percentages shall be established by the board, which may be changed from time to time. In lieu of a part of an annuity, for a member entitled to a benefit under subsection (a), the member may elect to receive a lump-sum of such member's retirement annuity account of any fixed dollar amount or percent, but in no event may the lump-sum option elected under this section and the lump-sum option elected under K.S.A. 74-49,311(a), and amendments thereto, exceed 30% of the total value of such member's annuity savings account and retirement annuity account.
(d) Except as provided in subsection (e), in the case of an active or inactive member:
(1) Who is vested in the member's retirement annuity account;
(2) who has five or more years of service at death; and
(3) who dies before attaining normal retirement age, with such member's spouse at time of death designated as such member's sole primary beneficiary, the member's surviving spouse on and after the date the member would have attained normal retirement age had such member not died, shall receive an annuity based upon employer credits and interest credits in the retirement annuity account, using factors established by the board by official action as of the beneficiary's annuity start date. The form of benefit shall be a single life annuity with 10-year certain.
(e) If a member's vested retirement annuity account is less than $1,000 upon separation from service, or the total of the member's vested retirement annuity account and annuity savings account balance is less than $1,000, the account balance or balances shall be mandatorily distributed to the member in accordance with section 401(a)(31)(B) of the federal internal revenue code. If the member does not elect to have such distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly, then the board will pay the distribution to the member directly.
History: L. 2012, ch. 171, § 13; L. 2013, ch. 132, § 11; L. 2014, ch. 29, § 3; L. 2016, ch. 76, § 11; L. 2017, ch. 87, § 4; July 1.
All benefit payments under the plan established pursuant to this act are subject to the requirements imposed under federal internal revenue code 401(a)(9).
History: L. 2012, ch. 171, § 14; July 1.
A member's beneficiary shall be determined as provided in the pre-2015 plan. Upon filing a written application with the board after the death of a member receiving a benefit under K.S.A. 74-49,313(a) or (b), and amendments thereto, the member's beneficiary is entitled to the lump-sum death benefit as provided in K.S.A. 74-4989, and amendments thereto.
History: L. 2012, ch. 171, § 15; L. 2013, ch. 132, § 12; L. 2024, ch. 65, § 15; July 1.
(a) Members of the retirement system under the Kansas public employees retirement system act of 2015 shall be covered in the death and disability plan in accordance with K.S.A. 74-4927, and amendments thereto, but subject to the provisions of this section.
(b) (1) In the event that a member becomes eligible for and begins receiving a long-term disability benefit under the plan, such member shall be given participating service credit for the entire period of such disability. Such member's annuity savings account and retirement annuity account shall be credited with the amount of employee contributions and employer credits and interest credits prescribed in this act for the entire period of such disability, but no later than the time prescribed by subsection (3).
(2) The salary upon which credits to such member's annuity savings account and retirement annuity account are based shall be the employee's salary at the time of disability, which shall be adjusted once each year on January 1, but only after five years of disability, by the lesser of: (A) The percentage increase in the consumer price index for all urban consumers as published by the bureau of labor statistics of the United States department of labor measured in the prior November, minus 1%; or (B) 4% per annum.
(3) All credits to the annuity savings account and the retirement annuity account shall cease upon the earliest of:
(A) Death;
(B) attainment of normal retirement age; or
(C) the date the member is no longer entitled to receive disability benefits pursuant to law or the terms of the plan as established by the board.
History: L. 2012, ch. 171, § 16; July 1.
The provisions of K.S.A. 74-49,122, 74-49,123 and 74-49,124, and amendments thereto, shall apply to this act. However, the definitions of "actuarial equivalent" or "actuarial computation" shall not apply to this act.
History: L. 2012, ch. 171, § 17; July 1.
(a) All electronic and written account statements provided to the members, or accessible to the members through electronic account access, shall include:
(1) The anticipated monthly benefit from the account based on a retirement age of 65;
(2) the anticipated percentage of income replacement provided by the plan based upon a retirement age of 65; and
(3) the hypothetical or notional account balance.
(b) All electronic and written account statements provided to the members, or accessible to the members through electronic account access, shall clearly state that additional personal savings in programs like an internal revenue code section 403(b) plan or a 457 plan will likely be necessary to insure adequate retirement savings and to address cost-of-living increases.
(c) The board shall develop and make available to all members an electronic benefits estimate calculator for the plan established pursuant to this act.
History: L. 2012, ch. 171, § 18; July 1.
Notwithstanding the provisions of K.S.A. 74-4913, any clerk of the district court of any county who first became a member of the Kansas public employees retirement system on January 1, 1968, by filing the appropriate election to become a member of said system as required by K.S.A. 74-4911(3) shall receive prior service credit for previous employment with any participating employer, whether or not continuous: Provided, That said clerk of the district court had been employed by the entry date employer for not less than fifteen (15) years.
History: L. 1968, ch. 129, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913, any county treasurer who has elected to become a member of the Kansas public employees retirement system and who was elected to office at the general election next preceding the fifteenth day of March, 1961, but who had not yet taken office on said fifteenth day of March, 1961, with the employer who was his employer on entry date, then all such previous employment, with said entry date employer whether continuous or not, shall be credited. The prior service annual salary in such case shall be calculated by multiplying the monthly compensation paid immediately prior to entry date times twelve (12).
History: L. 1968, ch. 139, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, a county engineer of any county who first became a member of the Kansas public employees retirement system on February 1, 1963, while in the service of a participating employer with which he had served over twenty-five (25) years prior to becoming a member shall receive prior service credit for employment with a participating employer for any employment performed before January 1, 1962, whether such employment was continuous or not. The prior service annual salary in such case shall be the highest annual salary (not including any amounts received as payment for overtime or as reimbursement for traveling or moving expense) received for personal services by the member from the current employer in any one of the three (3) calendar years immediately preceding January 1, 1962.
History: L. 1969, ch. 388, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, if an employee of a participating employer became a member of the Kansas public employees retirement system on January 1, 1962, was first employed by the participating employer on September 1, 1926, was granted military leave without pay commencing in March of 1943, and served with the United States Navy until March, 1946, and upon reporting for duty with the participating employer within the same month and year was requested to take a further leave without pay for the purpose of studying for an advanced degree to return to service with the participating employer on September 1, 1946, and said employee did return to the employ of the participating employer on September 1, 1946, and has been continuously in the service of said participating employer to the effective date of this act, said employee shall be granted prior service credit for said military service.
History: L. 1969, ch. 384, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary any employee of the state of Kansas who first became a member of the Kansas public employees retirement system on May 1, 1963 and who was first employed by the state of Kansas on November 15, 1937 and who served with the United States Navy from December 1, 1942 until October 4, 1945 and who returned to service with the state of Kansas on October 22, 1945 and was so employed until July 31, 1957 shall receive prior service credit for such prior service with the state of Kansas and said military service with the United States Navy, such prior service benefit shall be computed by using a prior service annual salary of four thousand seven hundred forty dollars ($4,740).
History: L. 1969, ch. 385, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, a county engineer of any county who first became a member of the Kansas public employees retirement system on February 1, 1963, while in the service with a participating employer, who had previously served as county engineer commencing in August of 1937 through February, 1944, entering the military service February 29, 1944, and serving in the Army of the United States until separated from service on December 6, 1945, and who returned to the position of county engineer with his previous employer in January of 1946 and served as county engineer for two (2) separate counties, consecutively, without a break in service until May 29, 1959, shall receive prior service credit under said retirement system for employment with all participating employers for service performed before January 1, 1962, whether such employment was continuous or not. The prior service benefit shall be computed by using the highest monthly salary the member received during the calendar year 1961 times twelve (12) as the prior service annual salary.
History: L. 1969, ch. 383, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, if an employee of a participating employer became a member of the Kansas public employees retirement system on January 1, 1962, was first employed by the participating employer on November 10, 1952, and was re-employed by the participating employer on April 1, 1961, he shall be granted prior service credit for all service with his entry date employer prior to January 1, 1962, whether continuous or not. This additional credit shall affect only those benefit payments due after the effective date of this act.
History: L. 1969, ch. 382, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, a county employee who first became a member of the Kansas public employees retirement system on October 1, 1964, having been first employed on October 1, 1963, by a participating county employer which affiliated with the retirement system on January 1, 1962, having over fifteen (15) years prior service with an adjoining county which became a participating employer on January 1, 1968, shall receive prior service credit for employment with any participating employer for any employment performed before January 1, 1962, whether such employment was continuous or not. A prior service annual salary of four thousand two hundred dollars ($4,200) shall be used in computing the prior service benefit.
History: L. 1969, ch. 380, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, a county register of deeds who first became a member of the Kansas public employees retirement system on October 1, 1968, who first took office in January, 1937, and who later served two (2) terms as probate judge commencing March 3, 1947, shall be granted prior service credit under said retirement system for service prior to January 1, 1962, with the participating employer which was his employer when he became a member. The prior service benefit shall be computed by using a prior service annual salary of three thousand dollars ($3,000).
History: L. 1969, ch. 389, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who first became a member of the Kansas public employees retirement system on January 1, 1962, who was first employed by said participating employer on March 1, 1952, and reemployed by said participating employer on July 5, 1961, and who had at least twelve (12) years prior service with another participating employer, shall be granted prior service credit under said retirement system for service prior to January 1, 1962, with any participating employer. The prior service benefit shall be computed by using a prior service annual salary of seven thousand five hundred dollars ($7,500).
History: L. 1969, ch. 392, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4902 and 74-4913 to the contrary, an employee of a participating employer who first became a member of the Kansas public employees retirement system on January 1, 1962, who was first employed by said participating employer on January 25, 1951 until August 30, 1957, and was reemployed by said participating employer on May 1, 1961, shall upon retirement be granted prior service credit for said service prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of seven thousand forty-four dollars ($7,044).
History: L. 1970, ch. 328, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer who first became a member of the Kansas public employees retirement system on April 1, 1963, who was first employed by said participating employer on January 7, 1941, until June 6, 1958, and reemployed by said participating employer in a temporary position on January 10, 1962, shall be granted prior service credit upon retirement for said service prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of three thousand seven hundred eight dollars ($3,708).
History: L. 1970, ch. 329, § 1; July 1.
History: L. 1970, ch. 330, § 1; Repealed, L. 1971, ch. 258, § 17; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, if any employee of a participating employer, who became a member of the Kansas public employees retirement system on July 1, 1964, was first employed by the participating employer on September 16, 1948, until July 30, 1954, and reemployed by said participating employer on August 3, 1955, until October 30, 1959, and was again reemployed by said participating employer on June 24, 1963, said employee shall be granted prior service credit for such service prior to the participating employer's entry date January 1, 1962. A prior service annual salary of six thousand five hundred forty-seven dollars ($6,547) shall be used in computing the prior service benefit.
History: L. 1970, ch. 331, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any county employee who first became a member of the Kansas public employees retirement system on January 1, 1963, and who was first employed by said county on September 20, 1961, who was employed by another participating employer from January 1, 1924, to August 1, 1942, and from December 1, 1948, to July 1, 1949, and from April 1, 1952, to March 1, 1959, and by another participating employer from January 13, 1945, to April 17, 1948, shall upon retirement be granted prior service credit for service with all participating employers prior to January 1, 1962.
History: L. 1970, ch. 332, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, if any employee of a participating employer became a member of the Kansas public employees retirement system on April 1, 1963, and was first employed by said participating employer from April 1, 1939, until February 1, 1941, was reemployed by said participating employer on January 10, 1949, until February 1, 1957, and was employed by another participating employer on August 1, 1937, through March 1939, and re-employed by said employer May 15, 1957, until November 30, 1961, he shall be granted prior service credit upon retirement for all service with said participating employers performed prior to January 1, 1962, whether continuous or not. The prior service benefit shall be computed by using a prior service annual salary of six thousand sixty dollars ($6,060).
History: L. 1970, ch. 333, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer who first became a member of the Kansas public employees retirement system on January 1, 1969, who was first employed by said participating employer on January 13, 1947, until January 12, 1959, and was reemployed by said participating employer on January 9, 1967, shall be granted prior service credit upon retirement for said service prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of one thousand eight hundred ninety-nine dollars ($1,899).
History: L. 1970, ch. 334, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer who first became a member of the Kansas public employees retirement system on April 1, 1966, who was first employed by said participating employer on March 5, 1965, and who was first employed by another participating employer on June 1, 1954, until November 14, 1956, and was reemployed by said participating employer on January 1, 1958, until June 26, 1961, shall be granted prior service credit upon retirement for said service prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of six thousand six hundred dollars ($6,600).
History: L. 1970, ch. 335, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer who first became a member of the Kansas public employees retirement system on July 1, 1962, who was first employed by said participating employer on December 11, 1944, until April 11, 1946, and was reemployed by said participating employer on December 30, 1946, until January 20, 1948, and was employed by another participating employer from January 16, 1948, until September 29, 1959, and was again employed by his entry date employer on July 1, 1961, shall be granted prior service credit upon retirement for said service with both participating employers prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of five thousand two hundred thirty-two dollars ($5,232).
History: L. 1970, ch. 336, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who first became a member of the Kansas public employees retirement system on July 1, 1964, who elected under the provisions of K.S.A. 74-4925 to participate in another retirement system, who was first employed by said participating employer on March 28, 1955, until November 7, 1960, and was reemployed by said participating employer on July 1, 1963, shall be granted prior service credit for all service prior to January 1, 1962, with all participating employers whether or not such service was continuous. The prior service benefit shall be computed by using a prior service annual salary of seven thousand three hundred ninety-two dollars ($7,392).
History: L. 1970, ch. 337, § 1; L. 1974, ch. 346, § 11; L. 1977, ch. 269, § 10; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any county engineer who first became a member of the Kansas public employees retirement system on June 1, 1965, having first been employed by another participating employer from September 16, 1947, until February 1, 1958, and having been employed by another participating employer from February 1, 1958, until June 1, 1964, shall receive prior service credit upon retirement for all services with all participating employers performed prior to June 1, 1964, whether such service was continuous or not. The prior service benefit shall be computed by using a prior service annual salary of eight thousand four hundred dollars ($8,400).
History: L. 1970, ch. 338, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, if any employee of a participating employer who became a member of the Kansas public employees retirement system on January 1, 1962, was first employed on July 1, 1934, through June, 1937, and was reemployed by the participating employer on June 1, 1939, through September 6, 1944, and was reemployed by said participating employer on November 1, 1961, he shall be granted prior service credit for all service with said participating employer prior to January 1, 1962, whether continuous or not. This additional credit shall affect only those benefit payments due after July 1, 1969.
History: L. 1970, ch. 339, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, if any employee of a participating employer who first became a member of the Kansas public employees retirement system on February 1, 1965, who was first employed by a participating employer on September 16, 1947, through January 28, 1961, and was employed by another participating employer on January 1, 1961, through December 31, 1963, and was employed by another participating employer on February 1, 1964, through January 12, 1970, shall upon retirement be granted prior service credit for said service prior to January 1, 1964. The prior service benefit shall be computed by using a prior service annual salary of six thousand seven hundred fifty dollars ($6,750).
History: L. 1970, ch. 339, § 2; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer who first became a member of the Kansas public employees retirement system on November 1, 1963, and who was first employed by a participating employer on September 15, 1930, through November 20, 1936, and was reemployed by said participating employer in October, November and December, 1952, and in the months of January, April, August, October, November and December, 1953, and was reemployed by said participating employer on March 22, 1954, through July 4, 1961, and was reemployed by said participating employer on October 22, 1962, shall be granted prior service credit upon retirement for all service with said participating employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of three thousand one hundred thirteen dollars ($3,113).
History: L. 1970, ch. 340, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any county employee who first became a member of the Kansas public employees retirement system on January 1, 1969, the county's entry date, having first been employed by another participating employer on January 3, 1934, and who was granted military leave without pay commencing March 1, 1942, and served with the army of the United States until October 5, 1945, and was returned to service with said participating employer on November 20, 1945, shall receive prior service credit for all prior service with all participating employers and for said military service with the army of the United States.
History: L. 1970, ch. 341, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any county engineer who first became a member of the Kansas public employees retirement system on February 1, 1967, having first been employed by a participating employer from February 1, 1966, and having been employed by another participating employer on August 1, 1962, and having been employed by another participating employer from March, 1946, until August, 1950, and having been employed by another participating employer from July 1, 1944, until January 23, 1946, shall receive prior service credit upon retirement for all services with all participating employers prior to January 1, 1962.
History: L. 1970, ch. 342, § 1; July 1.
In the event that a person who became a member of the Kansas public employees retirement system on January 1, 1962, was first employed by a participating employer on December 1, 1947, first enlisted in the Kansas national guard on August 26, 1929, and served in said Kansas national guard and in federal service for over forty-one (41) years, attains the age of fifty-nine (59), dies without having actually retired, the member's spouse, if the spouse is beneficiary for the member's accumulated contributions, may elect to receive benefits as a joint annuitant under Option A, calculated as if the member had attained age sixty (60) and retired on the date of death, in lieu of receiving the member's accumulated contributions.
History: L. 1971, ch. 260, § 1; April 19.
In the event that a person who became a member of the Kansas public employees retirement system on September 1, 1962, was first employed by a participating employer on August 8, 1961, and became totally disabled on September 9, 1965, and is not otherwise eligible for retirement benefits, such member may elect to receive in lieu of his accumulated contributions a retirement benefit calculated as if the member had attained age 65 and had been actively employed until the effective date of this act. Such benefits shall accrue from the first day of the month coinciding with or following the effective date of this act.
History: L. 1971, ch. 257, § 1; April 9.
Notwithstanding the provisions of K.S.A. 74-4916 to the contrary, the board of trustees of the Kansas public employees retirement system, upon presentation of satisfactory evidence, may authorize any individual who was first employed by a participating employer on July 1, 1952, and who became a member of the Kansas public employees retirement system on January 1, 1962, and was continuously on the payroll of such employer until May 31, 1968, and returned to the payroll of such employer on October 2, 1969, to waive the time limits for making application for accidental total disability benefits; but such waiver shall apply only to said time limits.
History: L. 1971, ch. 256, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4902, 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed February 1, 1968, and who was born January 19, 1907, and who is employed by the participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of February 1, 1968, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive full credit for employment with said participating employer from said date of first employment.
History: L. 1971, ch. 258, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4902, 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed April 15, 1963, and who was born March 20, 1902, and who is employed by the participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of April 15, 1963, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive full credit for employment with said participating employer from said date of first employment.
History: L. 1971, ch. 258, § 2; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any member who was employed in Kansas by the national reemployment service prior to becoming employed in the Kansas state employment service, now a section of the division of employment security, shall be granted service credit as if said employment had been under the Kansas state employment service, such credit to accrue on and after the effective date of this act.
History: L. 1971, ch. 258, § 3; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a county who became a member of the Kansas public employees retirement system on February 1, 1966, following the employer's entry date of January 1, 1966, and who was first employed by said county November 2, 1948, through April 30, 1960, and was reemployed February 1, 1965, shall upon retirement be granted service credit for all service prior to the employer's entry date whether such service was continuous or not. The prior service benefit shall be computed by using a prior service annual salary of three thousand three hundred eighty-six dollars ($3,386).
History: L. 1971, ch. 258, § 4; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer who became a member of the Kansas public employees retirement system on May 1, 1965, was first employed by the participating employer on March 3, 1952, to August 4, 1958, and was reemployed by said participating employer on April 13, 1964, shall upon retirement be granted prior service credit for such service prior to the participating employer's entry date January 1, 1962. A prior service benefit shall be computed by using a prior service salary of three thousand forty-eight dollars ($3,048).
History: L. 1971, ch. 258, § 5; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any county employee who first became a member of the Kansas public employees retirement system November 1, 1968, following the employer's entry date January 1, 1967, was first employed by said county on January 1, 1950, through March 31, 1950, and reemployed January 1, 1951, through April 30, 1951, and from November 1, 1951, through April 30, 1952, and from November 1, 1952, through December 31, 1963, shall upon retirement be granted prior service credit for all service with said county prior to January 1, 1967, whether such service was continuous or not. The prior service benefit shall be computed by using a prior service annual salary of five thousand eighty-two dollars ($5,082).
History: L. 1971, ch. 258, § 6; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any county employee who became a member of the Kansas public employees retirement system on January 1, 1967, the county's entry date, and who was first employed by said county April 1, 1949, through November 30, 1949, and was reemployed February 1, 1952, through April 30, 1959, and who was again reemployed November 20, 1961, shall upon retirement be granted prior service credit for all employment with said county performed prior to January 1, 1967, whether such employment was continuous or not.
History: L. 1971, ch. 258, § 7; July 1.
Notwithstanding the provisions of K.S.A. 74-4913, any employee of a participating employer with an entry date of January 1, 1962, who became a member of the Kansas public employees retirement system on August 1, 1970, was first employed by said participating employer from April 3, 1944, to February 18, 1948, and was reemployed from December 10, 1948, to January 13, 1949, and from October 13, 1952, to December 8, 1955, and again employed on July 7, 1969, shall upon retirement receive prior service credit for employment with said participating employer prior to entry date whether such employment was continuous or not. A prior service benefit shall be computed by using a prior service annual salary of two thousand six hundred forty dollars ($2,640).
History: L. 1971, ch. 258, § 8; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, a county probate judge who elected to become a member of the Kansas public employees retirement system effective March 1, 1968, and the county entry date was January 1, 1968, and who was employed by another participating employer on May 4, 1942, through March 31, 1951, shall upon retirement be granted service credit for all service with all participating employers prior to January 1, 1968. The prior service benefit shall be computed by using a prior service annual salary of five thousand two hundred dollars ($5,200).
History: L. 1971, ch. 258, § 9; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any county employee who first became a member of the Kansas public employees retirement system on January 1, 1968, the county's entry date, and who was first employed by said county on January 13, 1941, to January 8, 1945, and reemployed January 8, 1951, to January 7, 1957, and who was again reemployed on January 9, 1967, and who was employed by one or more participating employers or their predecessors whose entry date is January 1, 1971, periodically from September 3, 1928, through April 19, 1935, shall receive service credit for all such employment prior to January 1, 1968, with all such participating employers whether continuous or not.
History: L. 1971, ch. 258, § 10; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer who became a member of the Kansas public employees retirement system on July 1, 1966, following the employer's entry date January 1, 1962, and who was first employed by said employer July 1, 1965, and who was employed by another participating employer having an entry date of January 1, 1967, from July 5, 1955, through June 5, 1965, shall upon retirement be granted service credit for all service prior to July 1, 1965. The prior service benefit shall be computed by using a prior service annual salary of seven thousand three hundred dollars ($7,300).
History: L. 1971, ch. 258, § 11; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer who first became a member of the Kansas public employees retirement system on July 1, 1963, following the employer's entry date January 1, 1962, and was employed by another participating employer from May 24, 1951, through June 1, 1962, shall on and after the effective date of this act be granted service credit for all service with a participating employer prior to June 1, 1962, whether or not continuous.
History: L. 1971, ch. 258, § 12; July 12.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on January 1, 1962, who was first employed by a participating employer on September 1, 1933, until April 30, 1934, who was again employed by another participating employer from August 1, 1935, until January 15, 1939, who was employed by another participating employer on January 16, 1939, to December 31, 1942, who was reemployed by said participating employer in July, 1945, through October 15, 1947, and was reemployed October 19, 1961, shall upon retirement be granted service credit for all service with said participating employer prior to January 1, 1962. A prior service benefit shall be computed by using a prior service annual salary of three thousand three hundred sixty dollars ($3,360).
History: L. 1971, ch. 258, § 13; L. 1977, ch. 269, § 5; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee who first became a member of the Kansas public employees retirement system on December 1, 1969, and who was first employed by a participating employer having an entry date of January 1, 1962, from August, 1934, to October 31, 1936, was employed by another participating employer on November 1, 1936, through February, 1938, was reemployed June 25, 1948, through March 15, 1951, and was reemployed April 1, 1962, through January 16, 1965, in a position not covered by the retirement system and again reemployed in a covered position August 1, 1968, and continues in such position until the effective date of this act shall upon retirement receive prior service credit for all such employment prior to January 1, 1962, whether continuous or not. The prior service benefit shall be computed by using a prior service annual salary of two thousand seven hundred seventy-two dollars ($2,772).
History: L. 1971, ch. 258, § 14; L. 1980, ch. 241, § 5; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any county employee of a county who became a member of the Kansas public employees retirement system on July 1, 1966, following the employer's entry date of January 1, 1965, and who was first employed by said county in February, 1945, through September, 1946, and was reemployed July 11, 1947, to January 18, 1963, and again reemployed by said county on June 26, 1965, shall upon retirement be granted service credit for all service prior to the employer's entry date whether such service was continuous or not. The prior service benefit shall be computed by using a prior service annual salary of three thousand eight hundred sixty-three dollars ($3,863).
History: L. 1971, ch. 258, § 15; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system August 1, 1964, who was first employed by said participating employer on July 1, 1942, through November 8, 1957, and who was reemployed by said participating employer on August 1, 1963, shall upon retirement be granted prior service credit for all service with said participating employer prior to January 1, 1962. A prior service benefit shall be computed by using a prior service annual salary of three thousand seven hundred eight dollars ($3,708).
History: L. 1971, ch. 258, § 16; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a county who became a member of the Kansas public employees retirement system on April 1, 1964, and who was employed by other participating employers periodically from January, 1947, until November 30, 1960, shall upon retirement be granted prior service credit for all service with all participating employers prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of four thousand one hundred seventy-two dollars and fifty cents ($4,172.50).
History: L. 1972, ch. 307, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer having been reemployed on December 1, 1962, and becoming a member of the Kansas public employees retirement system on December 1, 1963, who was previously employed by said participating employer from May 1, 1939, to September 30, 1941, shall upon retirement be entitled to prior service credit for all service with said employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of one thousand two hundred dollars ($1,200).
History: L. 1972, ch. 307, § 2; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a county who became a member of the Kansas public employees retirement system on the county's entry date of January 1, 1967, who was first employed by said county on June 1, 1961, and who had been employed periodically by several other participating employers during the period of September, 1933 until May of 1959, shall upon retirement be granted prior service credit for all service with a participating employer prior to the county's entry date whether such service was continuous or not.
History: L. 1972, ch. 307, § 3; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who was first employed on July 18, 1967, and became a member of the Kansas public employees retirement system on August 1, 1968, who was first employed by a participating employer periodically from September 6, 1937, until May 21, 1943, and was employed by another participating employer periodically from September, 1943 until May of 1947 and employed by another participating employer periodically from August, 1954 until May, 1957 and by another participating employer periodically from July 1, 1957, until May 27, 1959, shall upon retirement be entitled to prior service credit with all participating employers prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of four thousand fifty dollars ($4,050).
History: L. 1972, ch. 307, § 4; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on May 1, 1964, who was first employed by another participating employer on January 1, 1955, and worked continuously with said other participating employer until December 31, 1962, shall upon retirement be granted prior service credit for all service with said other participating employer. The prior service benefit shall be computed by using a prior service annual salary of three thousand six hundred twelve dollars ($3,612).
History: L. 1972, ch. 307, § 5; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer with an entry date of January 1, 1962, who became a member of the Kansas public employees retirement system on March 1, 1971, was first employed by said participating employer from May 15, 1937 to February 5, 1938, and was reemployed from June 1, 1938 to August 20, 1938, and from November 16, 1938 to October 8, 1951, and again employed February 16, 1970, shall upon retirement be granted prior service credit for employment with said participating employer prior to entry date whether such employment was continuous or not. A prior service benefit shall be computed by using a prior service annual salary of four thousand one hundred dollars ($4,100).
History: L. 1972, ch. 307, § 6; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed by said employer in the month of June, 1931 until March 19, 1948, and who was again employed January 6, 1964, and who is employed by a participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of February 1, 1964, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit for employment with said participating employer from date of membership until attainment of age seventy (70) and shall receive prior service credit for all employment with said employer prior to January 1, 1962. A prior service benefit shall be computed by using the prior service salary of four thousand one hundred forty dollars ($4,140).
History: L. 1972, ch. 307, § 7; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed by said employer on October 15, 1969, and who is employed by the participating employer on the effective date of this act shall be an eligible member of the Kansas public employees retirement system as of November 1, 1969, on the payment of the appropriate employer and employee contributions, and shall be entitled to receive full credit for employment with said participating employer, from said date of membership. Upon attainment of membership by the provisions of this act, such employee shall receive prior service credit for all service as an elected official of a county for service from January 9, 1939 to January 14, 1957. The prior service benefit shall be computed by using a prior service annual salary of five thousand six hundred fourteen dollars and fifty-two cents ($5,614.52).
History: L. 1972, ch. 307, § 8; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who was employed on the employer's entry date of January 1, 1968, who was first employed by said participating employer on January 14, 1963, and who had previously been employed by another participating employer from March 1, 1956, until November 30, 1960, shall upon retirement be entitled to prior service credit for all service with any participating employer prior to January 1, 1962, whether such service was continuous or not.
History: L. 1972, ch. 307, § 9; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on June 1, 1963, who was first employed by said participating employer July 11, 1938, to January 20, 1948, and who had been previously employed by another participating employer from August 6, 1934, through June 1, 1936, and by another participating employer from September 1, 1936, to July 8, 1938, shall be granted prior service credit for said service on the effective date of this act. The prior service benefit shall be computed by using a prior service annual salary of three thousand nine hundred eight dollars ($3,908).
History: L. 1972, ch. 307, § 10; July 1.
Notwithstanding the provisions of K.S.A. 76-3a15 (repealed L. 1970, ch. 371, sec. 19) to the contrary, all officers, employees, faculty and other persons in the employ of the university of Wichita who became members of the Kansas public employees retirement system on July 1, 1964, who are retired on the effective date of this act, shall be granted prior service credit for service with the university of Wichita prior to its acquisition by the state of Kansas if such officer, employee, faculty or other person was not eligible for or did not come under the retirement programs through insurance companies which were available to officers, employees, faculty and other persons in the employ of the university of Wichita prior to its acquisition by the state. Except that no more than three (3) years credit shall be granted to any member and for the purposes of computing the prior service benefit, a prior service annual salary in the amount of compensation paid to such member during the last (12) months next preceding July 1, 1964.
History: L. 1972, ch. 307, § 11; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer having been reemployed on April 1, 1965, and becoming a member of the Kansas public employees retirement system on April 1, 1966, who was previously employed by said participating employer from July 1, 1933, through December 31, 1934, was reemployed on January 1, 1935, through June 20, 1937, from September 1, 1937, through December 31, 1937, from October 1, 1955, through April 1, 1957, shall upon retirement be granted prior service credit for all service with said employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of four thousand seven hundred and forty dollars ($4,740).
History: L. 1972, ch. 307, § 12; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a county who became a member of the Kansas public employees retirement system on the county's entry date, January 1, 1968, who was first employed by said employer on January 11, 1937, until January 10, 1949, and reemployed on January 11, 1965, shall upon retirement be granted prior service credit with said participating employer for said employment prior to January 1, 1968. The prior service benefit shall be computed by using a prior service annual salary of two thousand twenty-six dollars ($2,026).
History: L. 1972, ch. 307, § 13; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed by said employer in the month of July, 1949 until July, 1959, and who was again employed by said participating employer March 2, 1970, and who is employed by said participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of March 1, 1970, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit for employment with said participating employer, from said date of membership. Upon attainment of membership by the provisions of this act, such employee shall receive prior service credit for all service from July, 1949 until July, 1959. The prior service benefit shall be computed by using a prior service annual salary of two thousand four hundred sixty-eight dollars ($2,468).
History: L. 1972, ch. 307, § 14; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed by said employer on January 7, 1941, through February 28, 1948, as an elected official and who was again employed on January 5, 1965, in another elective office and who is employed by a participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of February 1, 1965, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit for employment with said participating employer from date of membership. Upon attainment of membership by the provisions of this act, such employee shall receive prior service credit for all service prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of one thousand four hundred sixty-four dollars ($1,464).
History: L. 1972, ch. 307, § 15; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed by a participating employer on January 14, 1935 through January 31, 1940, and who was employed by a participating employer from 1943 until 1949 and 1953 until 1957 and who is employed by a participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of September 1, 1965, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit from date of membership. Upon attainment of membership by the provisions of this act, such employee shall receive prior service credit for all service with all participating employers prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of seven thousand six hundred dollars ($7,600).
History: L. 1972, ch. 307, § 16; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 to the contrary, an employee of a participating employer who was first employed by said employer on July 26, 1967, and who had employee contributions deducted from his compensation commencing August 1, 1968 until December 31, 1968 and again from May 1, 1969 until June 30, 1970, with an appropriate employer contribution having been paid by his employer, and who is employed by said participating employer on the effective date of this act shall be an eligible member of the Kansas public employees retirement system as of August 1, 1967, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit for employment with said participating employer from said date of membership. Upon attainment of membership by the provisions of this act such employee and his participating employer shall make the appropriate contributions until such time as the member is retired.
History: L. 1972, ch. 307, § 17; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee who became a member of the Kansas public employees retirement system on June 1, 1970, who was previously employed by the same participating employer from September 19, 1938 until April 2, 1942, who entered military service on April 3, 1942 and was discharged on December 22, 1945, who returned to employment with said participating employer on January 10, 1946 until August 31, 1955, shall upon retirement be entitled to prior service credit for all service, including military service, with said participating employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of seven thousand forty-four dollars ($7,044.00).
History: L. 1973, ch. 321, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer who became a member of the Kansas public employees retirement system on September 1, 1962, who was previously employed by said participating employer on March 1, 1938 until June 30, 1941, shall upon retirement be granted prior service credit for all service with said employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of one thousand one hundred forty dollars ($1,140.00).
History: L. 1973, ch. 321, § 2; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on November 1, 1963, who was employed by another participating employer from June 1, 1945 until September, 1945 and from June 1, 1946 until September, 1962, shall upon retirement be granted prior service credit for such service with a participating employer from June 1, 1945 until September, 1962. The prior service benefit shall be computed by using a prior service salary of five thousand two hundred ninety dollars ($5,290.00).
History: L. 1973, ch. 321, § 3; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed by said employer on January 13, 1964 and who is employed by a participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system of February 1, 1964, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit for employment with said participating employer from said date of membership. Upon attainment of membership by the provisions of this act such employee and his participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act.
History: L. 1973, ch. 321, § 4; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on February 1, 1963, who was employed by said participating employer on January 23, 1950 until July 10, 1957, shall upon retirement be granted prior service credit for all service with a participating employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of four thousand two hundred ninety-six dollars ($4,296.00).
History: L. 1973, ch. 321, § 5; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on January 1, 1967, who was first employed by said participating employer on January 12, 1953 until January 14, 1957, shall upon retirement be granted prior service credit for all service with a participating employer prior to January 1, 1967. The prior service benefit shall be computed by using a prior service annual salary of three thousand fifty-six dollars ($3,056.00).
History: L. 1973, ch. 321, § 6; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on July 1, 1965, who was employed by another participating employer from January, 1929 through February, 1935, shall upon retirement be granted prior service credit for all service with a participating employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of one thousand five hundred dollars ($1,500.00).
History: L. 1973, ch. 321, § 7; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on January 1, 1971, who was employed by said participating employer on January 14, 1963 to January 9, 1967, shall upon retirement be granted prior service credit for all service with a participating employer prior to January 1, 1971. A prior service benefit shall be computed by using a prior service annual salary of six thousand five hundred fifty-nine dollars ($6,559.00).
History: L. 1973, ch. 321, § 8; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed by said employer on June 8, 1970, and who was employed by another participating employer from January, 1949 to January, 1961; and who is employed by a participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of July 1, 1970 upon the payment of appropriate employer and employee contributions, shall be entitled to receive participating service credit for employment with his participating employer from date of membership. Said employee shall also be granted prior service credit with all participating employers for all service prior to January 1, 1962. Upon attainment of membership by the provisions of this act, such employee and his participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act. The prior service benefit shall be computed by using a prior service annual salary of five hundred eighty-eight dollars ($588.00).
History: L. 1973, ch. 321, § 9; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was born on July 8, 1909 and who was first employed by said employer on January 14, 1963, and is employed by a participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of February 1, 1963, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit for employment with said participating employer from said date of membership. Upon attainment of membership by the provisions of this act, such employee and his participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act.
History: L. 1973, ch. 321, § 10; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on January 1, 1967, and who was previously employed by said employer on July 1, 1947 to December 29, 1950, shall upon retirement be granted prior service credit for all service with said participating employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of two thousand six hundred forty dollars ($2,640.00).
History: L. 1973, ch. 321, § 11; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on February 1, 1966, and who was employed by another participating employer from January 13, 1941 until November 28, 1957, shall upon retirement be granted prior service credit for all service with a participating employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of four thousand two hundred ninety-six dollars ($4,296.00).
History: L. 1973, ch. 321, § 12; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer who became a member of the Kansas public employees retirement system on January 1, 1968 who was previously employed periodically by said participating employer from November of 1951 through December of 1966 shall upon retirement be granted prior service credit for all service with said employer prior to January 1, 1968. The prior service benefit shall be computed by using a prior service annual salary of two thousand eight hundred sixty-eight dollars and fifty-six cents ($2,868.56).
History: L. 1973, ch. 321, § 13; July 1.
Notwithstanding the provisions of K.S.A. 74-4911, 74-4913 and 72-5501 to the contrary, an employee who was first employed in the Kansas public schools in the fall of 1933 and was continuously employed in the Kansas public schools until 1953; who was a county extension agent from September 1, 1953 until December 31, 1963; who was employed as an instructor for Kansas state university from April 6, 1964 through January 16, 1965; who was employed as farm manager and vocational instructor at Kansas state industrial reformatory from January 16, 1965 through October 7, 1970; and who was employed in the public schools of Kansas from July 1, 1971 through the effective date of this act shall, upon application, establish membership in the Kansas school retirement system on January 16, 1965 and may return any amounts refunded from said system and regain his original status as of such date and shall establish membership in the Kansas public employees retirement system on January 1, 1971 and shall receive prior and participating service credit in accordance with the provisions of such system upon payment of the appropriate employee contributions.
History: L. 1973, ch. 321, § 14; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was born on November 5, 1918 and who was first employed by said employer on January 14, 1963, and is employed by a participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of February 1, 1963, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit for employment with said participating employer from said date of membership. Upon attainment of membership by the provisions of this act, such employee and his participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act.
History: L. 1973, ch. 321, § 15; July 1.
Notwithstanding the provisions of K.S.A. 74-4916 to the contrary, the board of trustees of the Kansas public employees retirement system, upon presentation of satisfactory evidence, shall authorize any individual who was first employed by a participating employer on May 1, 1963, and who became a member of the Kansas public employees retirement system on May 1, 1964, and who was continuously on the payroll of such employer until May 29, 1969, and who returned to the payroll of such employer on December 15, 1969, and who was continuously on the payroll of such employer until May 31, 1970, and who was first employed by another participating employer on June 1, 1970, and who was continuously on the payroll of such employer until May 31, 1972, and who was first employed by another participating employer in a temporary position on July 1, 1972, and who was continuously on the payroll of such employer until September 30, 1972, and who was first on the payroll of another participating employer on November 1, 1972, and who was continuously on the payroll of such employer until January 11, 1973, to make application for benefits for total and permanent disability by reason of accident; such authorization shall constitute a waiver of the time limits for making such an application, but such waiver shall apply only to said time limits.
History: L. 1973, ch. 321, § 16; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who was employed by a participating employer on April 1, 1964, who became a member of the Kansas public employees retirement system on April 1, 1965, who was previously employed by a participating employer whose entry date was January 1, 1967, and by whom he was employed from October 2, 1956 to April 30, 1964, shall upon retirement receive prior service credit for such service. The prior service benefit shall be computed by using a prior service annual salary of four thousand one hundred twenty-eight dollars and twenty-three cents ($4,128.23).
History: L. 1973, ch. 321, § 17; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, a member of the Kansas public employees retirement system who was first employed by a participating employer on April 2, 1953, and again employed by said participating employer on June 25, 1956, and again employed by the participating employer on July 23, 1957, and became a member of the system on January 1, 1962, said employer's entry date, and who was retired on November 1, 1965, shall have her retirement benefit recalculated using the sum of three thousand forty-eight dollars ($3,048.00) as the prior service annual salary and final average salary.
History: L. 1973, ch. 321, § 18; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed by a township water department in 1952 which was consolidated with a participating employer in 1956 and whose employment was continuous with such participating employer until the employer's entry date January 1, 1962, and who became a member of the system on that date until he terminated his employment April 15, 1964, and withdrew his accumulated contributions and who was again employed by a participating employer on March 18, 1971, and who is employed by such participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of April 15, 1964, upon the payment of the amount of his accumulated contributions withdrawn on November 13, 1964, and upon the payment of the appropriate employer and employee contributions subsequent to that date for service with said participating employer up to the effective date of this act and thereafter the appropriate employer and employee contributions shall be made as otherwise required by law.
History: L. 1974, ch. 346, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on December 1, 1964, who was first employed by another participating employer on December 8, 1942, to June 30, 1943, and was again employed by the same participating employer on January 2, 1945, to July 31, 1951, and by another participating employer on September 26, 1954, to February 28, 1959, and was employed by another participating employer from June, 1959 to October, 1960 and was again employed by another participating employer commencing September 5, 1960, to November 30, 1961, upon retirement shall be granted prior service credit for said service. The prior service benefit shall be computed by using a prior service annual salary of five thousand three hundred forty dollars ($5,340).
History: L. 1974, ch. 346, § 2; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer with an entry date of January 1, 1962, who became a member of the Kansas public employees retirement system on February 1, 1964, was first employed by said participating employer from April 7, 1933, to April 30, 1943, and was reemployed from November 10, 1943, to April 15, 1947, and again from March 7, 1949, to September 30, 1954, and again employed January 10, 1963, shall upon retirement be granted prior service credit for employment with said participating employer prior to entry date whether such employment was continuous or not. A prior service benefit shall be computed by using a prior service annual salary of four thousand two hundred dollars ($4,200).
History: L. 1974, ch. 346, § 3; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer with an entry date of January 1, 1962, who became a member of the Kansas public employees retirement system on February 1, 1963, who was first employed by said participating employer on January 15, 1962, who was previously periodically employed between September, 1940 and January 13, 1962, by several participating employers whose entry date was January 1, 1971, shall upon retirement be granted prior service credit for employment with said participating employers prior to January 1, 1962, whether such employment was continuous or not. A prior service benefit shall be computed by using a prior service annual salary of three thousand five hundred ten dollars ($3,510).
History: L. 1974, ch. 346, § 4; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer with an entry date of January 1, 1962, who became a member of the Kansas public employees retirement system on July 1, 1971, was first employed by another participating employer on January 13, 1947, to January 8, 1951, and by another participating employer on January 13, 1953, until January 10, 1961, shall upon retirement be granted prior service credit for employment with all participating employers prior to entry date whether such employment was continuous or not. A prior service benefit shall be computed by using a prior service annual salary of one hundred fifty dollars ($150).
History: L. 1974, ch. 346, § 5; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on February 1, 1974, who was first employed by said participating employer on January 12, 1959, and who is employed by a participating employer on the effective date of this act, shall upon the payment of appropriate employer and employee contributions, be entitled to receive participating service credit for employment with his participating employer for the period January 1, 1968, until January 31, 1974. Said employee shall also be granted prior service credit from January 12, 1959, until December 31, 1967. The prior service benefit shall be computed by using a prior service annual salary of five thousand one hundred ninety-nine dollars and ninety-six cents ($5,199.96).
History: L. 1974, ch. 346, § 6; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on February 1, 1974, who was first employed by said participating employer on January 9, 1961, and who is employed by a participating employer on the effective date of this act, shall upon the payment of appropriate employer and employee contributions, be entitled to receive participating service credit for employment with his participating employer for the period January 1, 1968, until January 31, 1974. Said employee shall also be granted prior service credit from January 9, 1961, until December 31, 1967. The prior service benefit shall be computed by using a prior service annual salary of five thousand one hundred sixty dollars ($5,160).
History: L. 1974, ch. 346, § 7; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was first employed by said employer on July 1, 1969, and who was employed by said participating employer from January 28, 1957, until January 9, 1961, and who is employed by a participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system on July 1, 1969, upon the payment of appropriate employer and employee contributions, shall be entitled to receive participating service credit for employment with his participating employer from date of membership. Said employee shall also be granted prior service credit with his participating employer for all service prior to January 1, 1962. Upon attainment of membership by the provisions of this act, such employee and his participating employer shall be governed by the provisions of the Kansas public employees retirement act. The prior service benefit shall be computed by using a prior service annual salary of nine thousand dollars ($9,000).
History: L. 1974, ch. 346, § 8; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on August 1, 1966, who was first employed by a participating employer periodically from April 16, 1937, until April 14, 1961, and who was employed periodically by said participating employer from January 9, 1962, until April 23, 1965, and who is employed by a participating employer on the effective date of this act, shall upon the payment of appropriate employer and employee contributions, be entitled to receive participating service credit for employment with his participating employer for the period January 9, 1962, until April 23, 1965. Said employee shall also be granted prior service credit with all participating employers for all service prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of one thousand one hundred seventy-six dollars ($1,176).
History: L. 1974, ch. 346, § 9; July 1.
Notwithstanding any provisions of the group life insurance policy purchased by the Kansas public employees retirement system under authority of K.S.A. 74-4927 to the contrary, the board is authorized to waive the provisions of the group life insurance contract requiring that an individual who became eligible for insured death benefits under the provisions of K.S.A. 74-4927b, must not be disabled on July 1, 1973, when such individuals were on a leave of absence. Insured death benefits for such individuals shall be based on compensation for the twelve months preceding July 1, 1973.
History: L. 1974, ch. 346, § 10; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer with an entry date of January 1, 1967, who became a member of the Kansas public employees retirement system on October 1, 1966, who was employed by such participating employer on January 4, 1955, until January 5, 1965, and who was employed by another participating employer from October 1, 1965, until December 31, 1969, shall upon retirement be entitled to receive prior service credit for employment with the participating employer for the period January 4, 1955, until January 5, 1965. The prior service benefit shall be computed by using a prior service annual salary of six thousand eight hundred thirty-four dollars and seventeen cents ($6,834.17).
History: L. 1974, ch. 346, § 12; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, any employee of a participating employer with an entry date of January 1, 1962, who became a member of the Kansas public employees retirement system on February 1, 1970, who was first employed by said participating employer on January 14, 1957, and who is employed by a participating employer on the effective date of this act, shall upon the payment of appropriate employer and employee contributions, be entitled to receive participating service credit for employment with his participating employer for the period January 1, 1962, until January 31, 1970. Said employee shall also be granted prior service credit from January 14, 1957, until December 31, 1961. The prior service benefit shall be computed by using a prior service annual salary of three thousand one hundred twenty-eight dollars and twenty-eight cents ($3,128.28).
History: L. 1974, ch. 346, § 13; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, any employee of a participating employer with an entry date of January 1, 1962, who became a member of the Kansas public employees retirement system on November 1, 1970, who was first employed by said employer on March 1, 1956, until February 1, 1958, and again employed by said participating employer on October 10, 1961, until December 31, 1965, and was again employed by said participating employer on October 1, 1967, and who is employed by a participating employer on the effective date of this act, shall upon the payment of appropriate employer and employee contributions, be entitled to receive participating service credit for employment with his participating employer for the said periods between January 1, 1962, until October 31, 1970. Said employee shall also be granted prior service credit from March 1, 1956, until February 1, 1958, and October 10, 1961, until December 31, 1961. The prior service benefit shall be computed by using a prior service annual salary of three thousand three hundred twenty-five dollars and thirty-two cents ($3,325.32).
History: L. 1974, ch. 346, § 14; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who was first employed by a participating employer on June 5, 1947, and who served continuously from June 19, 1950, to the date of his retirement January 1, 1971, and who is presently receiving a retirement benefit calculated on the final average salary of eight thousand seven dollars and twenty cents ($8,007.20) shall on the effective date of this act have his benefit recalculated using a final average salary of eleven thousand five dollars ($11,005), such benefit to accrue from the first day of the month coinciding with or following the effective date of this act.
History: L. 1974, ch. 346, § 15; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, any employee of a participating employer with an entry date of January 1, 1962, who became a member of the Kansas employees retirement system on July 1, 1966, who was first employed by said employer on July 1, 1965, and who was first employed by another participating employer from September, 1940, until June, 1943, and was employed by another participating employer from July 1, 1943, to June 30, 1965, shall be granted prior service credit with any participating employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of six thousand three hundred forty-nine dollars ($6,349).
History: L. 1974, ch. 346, § 16; L. 1974, ch. 347, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee of a participating employer who was employed by said employer on October 1, 1969, and who was employed by another participating employer from January 1, 1963 until June 30, 1967, and who is employed by a participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of January 1, 1963, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit for employment with the participating employer from date of membership. Said employee shall also be granted prior service credit from June 17, 1957, until July 31, 1959. The prior service benefit shall be computed by using a prior service annual salary of two thousand six hundred sixty-four dollars ($2,664).
History: L. 1975, ch. 422, § 1; April 18.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on January 1, 1962, who was first employed by the same participating employer periodically from August 15, 1938, until November 13, 1947, who was again employed by the same participating employer from December 1, 1947, until October 10, 1953, and who was again employed by the same participating employer periodically from July 12, 1954, until June 5, 1961, shall be granted prior service credit for all such employment on the effective date of this act. Said prior service credit shall be applicable to benefits payable thereafter. The prior service benefit shall be computed by using a prior service annual salary of one thousand three hundred thirty-four dollars and sixty-seven cents ($1,334.67).
History: L. 1975, ch. 393, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4917 and 74-4937 a member who became a member of the Kansas public employees retirement system on January 1, 1971, who signed an application for membership in the Kansas school retirement system on September 30, 1968, who attained age sixty-five (65) on March 25, 1975, and who has filed a request to withdraw his or her accumulated contributions in one lump sum upon his or her termination of employment rather than drawing monthly retirement benefits, is hereby authorized to withdraw his or her accumulated contributions whereupon no other benefits shall be payable to him or her.
History: L. 1975, ch. 393, § 2; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer with an entry date of January 1, 1962, who became a member on March 15, 1963, and who was employed by such employer from October 15, 1951, until September 20, 1961, shall upon retirement be entitled to receive prior service credit for said participating employment from October 15, 1951, until September 20, 1961. The prior service benefit shall be computed by using a prior service annual salary of four thousand eight hundred forty dollars ($4,840).
History: L. 1975, ch. 393, § 3; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer with an entry date of January 1, 1962, who became a member of the Kansas public employees retirement system on March 1, 1966, who was employed by such participating employer on January 21, 1957, until February 6, 1961, shall upon retirement be entitled to receive prior service credit for employment from January 21, 1957, until February 6, 1961. The prior service benefit will be computed by using a prior service annual salary of four thousand three hundred and five dollars ($4,305).
History: L. 1975, ch. 393, § 4; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on April 1, 1962, who was first employed by another participating employer periodically from September 1, 1927, until May 31, 1936, shall upon retirement be granted prior service credit for said employment. The prior service benefit shall be computed by using a prior service annual salary of two thousand six hundred forty dollars ($2,640).
History: L. 1975, ch. 393, § 5; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on July 1, 1973, who was first employed by another participating employer from May 1, 1952, until December 31, 1960, and who was again employed by the same employer from January 18, 1962, until August 9, 1963, shall upon retirement be entitled to receive prior service credit for said employment prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of three thousand eight hundred eighty-eight dollars ($3,888).
History: L. 1975, ch. 393, § 6; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on February 1, 1969, who was first employed by another participating employer from April 26, 1944, through June 3, 1950, shall upon retirement be granted prior service credit for said employment. The prior service benefit shall be computed by using a prior service annual salary of two thousand three hundred forty dollars ($2,340).
History: L. 1975, ch. 393, § 7; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, any employee of a participating employer with an entry date of January 1, 1962, who became a member of the Kansas public employees retirement system on April 1, 1964, and who was employed by another participating employer on December 1, 1945, until September 1, 1959, shall upon retirement be entitled to receive prior service credit for all employment prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of six thousand nine hundred dollars ($6,900).
History: L. 1975, ch. 393, § 8; July 1.
Notwithstanding the provisions of K.S.A. 74-4902 and 74-4911 to the contrary, an employee of a participating employer who was first employed January 9, 1967, who was born May 24, 1930, and who is employed by the participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of February 1, 1967, upon the payment of appropriate employer and employee contributions and shall be entitled to receive full credit for employment with said participating employer from February 1, 1967.
History: L. 1975, ch. 393, § 9; July 1.
Notwithstanding the provisions of K.S.A. 74-4902 and 74-4911 to the contrary, an employee of a participating employer who was first employed August 1, 1971, who was born March 28, 1918, and who is employed by the participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of August 1, 1971, upon the payment of appropriate employer and employee contributions and shall be entitled to receive full credit for employment with said participating employer from August 1, 1971.
History: L. 1975, ch. 393, § 10; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on October 1, 1964, who was first employed by another participating employer from March 1, 1931, until March 31, 1943, and who was again employed by the same participating employer from April 4, 1949, until February 29, 1956, shall upon retirement be entitled to receive prior service credit for said employment prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of three thousand three hundred sixty dollars ($3,360).
History: L. 1975, ch. 393, § 11; July 1.
Notwithstanding the provisions of K.S.A. 74-4902 and 74-4911 to the contrary, an employee of a participating employer who was born on September 19, 1911, and who was employed by said employer on February 1, 1971, and who was employed by another participating employer from May 1, 1965 through July 23, 1969, and by another participating employer from August 19, 1969 through October 6, 1969, and who is employed by a participating employer on the effective date of this act, shall again become a member of the Kansas public employees retirement system as of February 1, 1971, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit for employment with the participating employer by whom he or she is employed on the effective date of this act from February 1, 1971. Upon attainment of membership by the provisions of this act, such employee and his or her participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act.
History: L. 1976, ch. 336, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4902 and 74-4911 to the contrary, an employee of a participating employer who was born on December 23, 1914, and who became a member of the Kansas public employees retirement system on May 1, 1965, was employed until June 30, 1967 and who transferred to another department of the participating employer on August 7, 1967 until June 30, 1971, and who did not return to employment with a participating employer within one hundred twenty (120) days from said date but who has left employee contributions with the retirement system, and who was again reemployed by the participating employer on March 1, 1972, shall be reinstated as a member of the retirement system effective March 1, 1972 and granted participating service credit from that date to the effective date of this act upon the payment of appropriate employer and employee contributions. Upon the attainment of membership by the provisions of this act, such employee and his or her participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act.
History: L. 1976, ch. 336, § 2; July 1.
Notwithstanding the provisions of K.S.A. 74-4902 and 74-4911 to the contrary, an employee of a participating employer who was born on March 15, 1914 and who was employed by said employer on September 1, 1975, and who was employed by another participating employer from September, 1946 through May, 1956, and who is employed by a participating employer on the effective date of this act, shall be an eligible member of the Kansas public employees retirement system as of September 1, 1975, upon the payment of appropriate employer and employee contributions, and shall be entitled to receive participating service credit for employment with the participating employer from date of membership. Upon attainment of membership by the provisions of this act, such employee and his or her participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act.
History: L. 1976, ch. 336, § 3; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on January 1, 1968, and who was previously employed from December 7, 1956 until December 16, 1966, by another participating employer with a January 1, 1970 entry date, shall upon retirement be granted prior service credit for all service with said employer prior to January 1, 1970. The prior service benefit shall be computed by using a prior service annual salary of two thousand eight hundred and twenty dollars ($2,820).
History: L. 1976, ch. 336, § 4; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on May 1, 1966, and who was previously employed by said employer from February 24, 1935 through December 31, 1942 and from March 30, 1943 through May 7, 1945, shall upon retirement be granted prior service credit for all service with said employer prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of one thousand three hundred and seventy dollars ($1,370).
History: L. 1976, ch. 336, § 5; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on June 1, 1974, and who was previously employed by said employer from March 1, 1941 through December 31, 1957 shall upon retirement be granted prior service credit for all service with said employer prior to January 1, 1963. The prior service benefit shall be computed by using a prior service annual salary of two thousand five hundred and fifty-six dollars ($2,556).
History: L. 1976, ch. 336, § 6; July 1.
Notwithstanding the provisions of K.S.A. 76-3a15, which was repealed by L. 1970, ch. 371, § 19, to the contrary, all officers, employees, faculty and other persons in the employ of the university of Wichita who became members of the Kansas public employees retirement system on July 1, 1964, shall upon retirement or on the effective date of this act, whichever is later, be granted prior service credit for service with the university of Wichita prior to its acquisition by the state of Kansas if such officer, employee, faculty or other person was not eligible for or did not come under the retirement programs through insurance companies which were available to officers, employees, faculty or other persons in the employ of the university of Wichita prior to its acquisition by the state. Except that no more than three (3) years credit shall be granted to any member and for the purposes of computing the prior service benefit, a prior service annual salary in the amount of compensation paid to such member during the last twelve (12) months next preceding July 1, 1964.
History: L. 1976, ch. 336, § 7; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee of a participating employer who became a member of the Kansas public employees retirement system on May 1, 1967, and who was previously employed by another participating employer from January 1, 1937 until May 15, 1946 and from June 1, 1946 through December 15, 1951 by another participating employer, shall upon retirement be granted prior service credit for all service with all employers prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of two thousand eight hundred and five dollars and eighty-five cents ($2,805.85).
History: L. 1976, ch. 336, § 8; July 1.
Notwithstanding the provisions of K.S.A. 74-4902 and 74-4911 to the contrary, an employee of a participating employer who was born on January 20, 1914, and who was employed by a participating employer from July 1, 1973 and who was employed by said employer from September 1, 1970 until December 31, 1970, and who is employed by a participating employer on the effective date of this act, shall become a member of the Kansas public employees retirement system as of September 1, 1970, upon the payment of appropriate employer and employee contributions. Upon the attainment of membership by the provisions of this act, such employee and his or her participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act.
History: L. 1976, ch. 336, § 9; July 1.
Notwithstanding the provisions of K.S.A. 74-4902, 74-4913 and 74-4915, any former member of the Kansas public employees retirement system who was employed by a participating employer on January 1, 1947, until January 8, 1951, and was again employed by the same participating employer on January 10, 1955, until January 9, 1961, and was employed by another participating employer on January 1, 1962, until April 15, 1969, shall be reinstated as a member of the Kansas public employees retirement system and shall receive participating service credit for all service for which contributions remain on deposit with the system. Said member shall also be granted prior service credit for all service with participating employers prior to January 1, 1962. Prior service benefits shall be computed by using a prior service annual salary of eight thousand sixty-two dollars and fifty cents ($8,062.50).
History: L. 1976, ch. 336, § 10; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on July 1, 1969, and who was first employed by another participating employer from July 11, 1949, to October 15, 1961, shall upon retirement be entitled to receive prior service credit for said employment prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of five thousand three hundred twenty-five dollars ($5,325).
History: L. 1977, ch. 269, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on June 1, 1973, and who was employed by another participating employer from November 12, 1947, to June 27, 1969, shall upon retirement be entitled to receive prior service credit for said employment prior to January 1, 1971. The prior service benefit shall be computed by using a prior service annual salary of four thousand five hundred fifty-eight dollars ($4,558).
History: L. 1977, ch. 269, § 2; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on May 1, 1966, who was first employed by another participating employer from February 16, 1942, until April 26, 1944, who entered military service on April 27, 1944, and was discharged on June 10, 1944, and who returned to employment with the same employer on June 11, 1944, until June 20, 1950, shall upon retirement be entitled to receive prior service credit for said employment prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of three thousand seven hundred three dollars ($3,703).
History: L. 1977, ch. 269, § 3; July 1.
Notwithstanding the provisions of K.S.A. 74-4911, 74-4913 and 74-4917, to the contrary, an employee who was first employed by a participating employer on September 1, 1952, until August 28, 1953, who was again employed by another participating employer on April 1, 1959, until December 31, 1967, who became a member of the Kansas public employees retirement system on January 1, 1962, and who has contributions on deposit with the Kansas public employees retirement system, shall receive service credit for all service with participating employers and shall be granted a vested benefit effective December 31, 1967.
History: L. 1977, ch. 269, § 4; July 1.
Notwithstanding the provisions of K.S.A. 74-4902, 74-4911 and 74-4913, to the contrary, an employee who was employed by a participating employer on December 9, 1971, and who was born August 18, 1912, shall be an eligible member of the Kansas public employees retirement system as of January 1, 1972, upon the payment of the appropriate employer and employee contribution and shall be entitled to receive participating service credit for employment with said participating employer from date of membership. Upon the attainment of membership by the provisions of this act, such employee and his or her participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act.
History: L. 1977, ch. 269, § 6; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on February 1, 1974, who was first employed by the same participating employer from January 1, 1941, until April 7, 1942, who entered military service on April 7, 1942, and was discharged on November 10, 1945, who returned to employment with the same employer January 1, 1946, until January 1, 1955, who was again employed by the same employer January 1, 1957, until January 1, 1959, and who was again employed by the same participating employer January 1, 1961, until January 1, 1967, shall upon retirement be entitled to receive prior service credit for said employment prior to January 1, 1969. The prior service benefit shall be computed by using a prior service annual salary of four thousand one hundred dollars ($4,100).
History: L. 1977, ch. 269, § 7; July 1.
Notwithstanding the provisions of K.S.A. 74-4919g to the contrary, an employee who became a member of the Kansas public employees retirement system on January 1, 1971, who was a former member of the Kansas school retirement system during the school years, 1941 to 1942, 1942 to 1943, 1949 to 1950, 1950 to 1951 and 1951 to 1952, representing five (5) years of service credit, and who forfeited such service credit by withdrawing contributions on deposit on October 28, 1969, may be allowed to repurchase such forfeited service credit within six (6) months after the effective date of this act.
History: L. 1977, ch. 269, § 8; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on April 1, 1965, who was first employed by the same participating employer from March 1, 1957, to September 30, 1961, shall, upon the effective date of this act, be entitled to receive prior service credit for said employment prior to January 1, 1962. The prior service benefit shall be computed by using a prior service annual salary of three thousand five hundred sixteen dollars ($3,516).
History: L. 1977, ch. 269, § 9; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on February 1, 1976, and who is employed by a participating employer on the effective date of this act, shall, upon the payment of appropriate employer and employee contributions, be entitled to receive participating service credit for employment with his or her participating employer for the period January 1, 1965, until February 1, 1976. Such employee shall also be granted a prior service credit from January 10, 1955, until December 31, 1964. The prior service benefit shall be computed by using a prior service annual salary of four thousand six hundred ninety-two dollars ($4,692).
History: L. 1978, ch. 318, § 1; July 1.
Notwithstanding the provisions of K.S.A. 74-4911, 74-4913, and 74-4919a to the contrary, an employee who became a member of the Kansas public employees retirement system on February 1, 1978, who was first employed by such participating employer on November 1, 1971, and who is employed by a participating employer on the effective date of this act, shall, upon the payment of appropriate employer and employee contributions, be entitled to receive participating service credit for employment with his or her participating employer for the period November 1, 1971, until January 31, 1978. Within sixty (60) days after the effective date of this act, such employee may make application, on a form prescribed by the board, to purchase four (4) quarters of participating service credit for the period December 15, 1970, to November 1, 1971, with another participating employer.
History: L. 1978, ch. 318, § 2; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on February 1, 1972, who was first employed by such participating employer on January 14, 1963, and who is employed by a participating employer on the effective date of this act, shall, upon the payment of the appropriate employer and employee contributions, be entitled to receive participating service credit for employment with his or her participating employer for the period January 1, 1965, until January 31, 1972. Such employee shall also be granted prior service credit from January 14, 1963, until December 31, 1964. The prior service benefit shall be computed by using a prior service salary of three thousand eight hundred twenty-seven dollars ($3,827).
History: L. 1978, ch. 318, § 3; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on June 1, 1969, who was first employed by another participating employer from December 1, 1950, to February 18, 1951, and was again employed by the same employer from January 1, 1952, to April 4, 1953, and was again employed by the same employer from August 31, 1954, to May 23, 1956, shall upon retirement be entitled to receive prior service credit for such employment prior to January 1, 1963. The prior service benefit shall be computed by using a prior service annual salary of four thousand eight hundred dollars ($4,800).
History: L. 1978, ch. 318, § 4; July 1.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on November 1, 1969, and who was first employed by such employer on August 9, 1948, to January 11, 1965, shall upon retirement be entitled to receive prior service credit for such employment prior to January 1, 1971. The prior service benefit shall be computed by using a prior service annual salary of six thousand nine hundred twenty-six dollars ($6,926).
History: L. 1978, ch. 318, § 5; July 1.
Notwithstanding the provisions of K.S.A. 74-4902 and 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on January 1, 1962, who was first employed by a participating employer on March 1, 1938, and terminated employment on August 31, 1962, and who subsequently became a member of the Kansas school retirement system on September 1, 1962, until January 1, 1971, when the Kansas school retirement system was merged into the Kansas public employees retirement system. Upon retirement the prior service credit of both systems shall be combined and a prior service benefit shall be computed by using a prior service annual salary of seven thousand eight hundred forty-four dollars ($7,844).
History: L. 1978, ch. 318, § 6; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on March 1, 1975, who elected under the provisions of K.S.A. 74-4925 to participate in another retirement system, who was first employed by such participating employer on June 14, 1943, until July 31, 1944, and was reemployed by such participating employer on January 17, 1955, until March 17, 1956, was employed by another participating employer for the school years 1957-58, 1958-59, 1959-60, and 1960-61, shall be granted prior service credit for all service prior to January 1, 1962, with all participating employers which has not been previously credited.
History: L. 1978, ch. 318, § 7; July 1.
History: L. 1978, ch. 318, § 8; Repealed, L. 1998, ch. 64, § 95; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 and 74-4919f to the contrary, an employee who became a member of the Kansas public employees retirement system on July 1, 1975, who was a former member of the retirement system for Kansas official court reporters from September 24, 1962 to October 31, 1969, and who forfeited such service credit by withdrawing contributions on deposit on December 3, 1969, may elect to purchase credit for such service as though it were forfeited service under the Kansas public employees retirement system. Such purchase shall be by means of a lump sum payment as provided in K.S.A. 74-4919f. The election to purchase and payment must be made within six (6) months of the effective date of this act.
History: L. 1979, ch. 238, § 1; May 18.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on September 1, 1969, who received prior service credit at that time, who retired under the Kansas public employees retirement system on August 1, 1970, who was first employed by another participating employer from October, 1941, through December, 1945, who was again employed by another participating employer on January 1, 1946, through August 31, 1954, and who was again employed by another participating employer on November 1, 1964, through August 30, 1968, shall upon the effective date of this act receive additional prior service credit for all such service with participating employers as described in this section. The prior service benefit shall be computed by using a prior service annual salary of twelve thousand dollars ($12,000).
History: L. 1979, ch. 238, § 2; May 18.
Notwithstanding the provisions of K.S.A. 74-4913 and 74-4919a to the contrary, an employee who retired under the Kansas public employees retirement system on October 1, 1976, who was first employed by the same participating employer on October 1, 1962, through January 6, 1969, and who was again employed by another participating employer on December 1, 1969, through November 30, 1970, shall on the effective date of this act be entitled to receive prior service credit for such employment on October 1, 1962, through January 6, 1969, and may elect to purchase participating service credit for the period of December 1, 1969, through November 30, 1970, under the provisions of K.S.A. 74-4919a. The election to purchase participating service credit and payment must be made within six (6) months of the effective date of this act. Any benefits resulting from the purchase of additional participating service credit under this act shall accrue from the first day of the month following receipt of payment for such service credit. The prior service benefit shall be computed by using a prior service annual salary of six thousand three hundred four dollars ($6,304).
History: L. 1979, ch. 238, § 3; May 18.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on October 1, 1968, and who was first employed by another participating employer from December 10, 1947, through January 28, 1967, shall upon retirement be entitled to receive prior service credit for such employment prior to January 29, 1967. The prior service benefit shall be computed by using a prior service annual salary of four thousand two hundred ninety-one dollars ($4,291).
History: L. 1979, ch. 238, § 4; May 18.
Notwithstanding the provisions of K.S.A. 74-4902, 74-4911, 74-4913 and 74-4936a to the contrary, an employee who was born on August 16, 1915, who was first employed in the public schools of Kansas in the school year 1967-68, who became a member of the Kansas public employees retirement system on January 1, 1971, and forfeited all service credit on December 30, 1974, by reason of termination and withdrawal of contributions, and who was again employed by a participating employer on August 23, 1978, shall be a member of the Kansas public employees retirement system on the effective date of this act. Such member may elect to purchase additional benefits under K.S.A. 74-4936a if such election and purchase is made within six (6) months of the effective date of this act. Such member may purchase participating service credit for the period from August 23, 1978, to the date of membership under the provisions of this section by making a lump sum payment under this section equivalent to four percent (4%) of the compensation paid to such member for personal services during such period. Such payment must be made within six (6) months of the effective date of this act.
History: L. 1979, ch. 238, § 5; May 18.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on February 1, 1968, who was first employed by the same participating employer from January 2, 1953, through January, 1957, and who was again employed by the same participating employer from January 2, 1961, through July 1, 1966, shall upon retirement be entitled to receive prior service credit for such employment prior to July 1, 1966. The prior service benefit for such employee shall be computed by using a prior service annual salary of three thousand eight hundred thirty-seven dollars ($3,837).
History: L. 1979, ch. 238, § 6; May 18.
Notwithstanding the provisions of subsection (14) of K.S.A. 74-4902 to the contrary, an employee who was born November 10, 1885, who commenced receiving benefits from the city of Topeka firemen's pension and retirement fund in May, 1957, who was employed by a participating employer from September 1, 1952, to June 30, 1962, and who commenced receiving retirement benefits under the Kansas public employees retirement system on July 1, 1962, shall continue to receive such monthly retirement benefits from the Kansas public employees retirement system.
History: L. 1979, ch. 238, § 7; May 18.
Notwithstanding the provisions of K.S.A. 74-4902 to the contrary, an employee who became a member of the Kansas public employees retirement system on January 1, 1971, and who was employed with a non-participating employer from May 1, 1965, until December 31, 1969, may elect to purchase credit for such service by means of a lump sum payment equal to four percent (4%) of the compensation such member received during such period from the non-participating employer. If such election and payment is made by the member, the member's present participating employer shall pay an amount equal to the employer contributions which would have been made during such period. Such election and payment must be made within six (6) months of the effective date of this act.
History: L. 1979, ch. 238, § 8; May 18.
Notwithstanding the provisions of K.S.A. 74-4901 et seq., and amendments thereto, to the contrary, an employee who was born November 17, 1888, who was employed by a participating employer on February 7, 1950, until December 31, 1961, and was dismissed by such employer and paid for services rendered to that employer through December 31, 1961, who, at the time of such dismissal, had accumulated ten (10) days of annual leave for which no compensation was paid to such employee and for which no contributions were paid or reported to the Kansas public employees retirement system, and who was ineligible for membership in the Kansas public employees retirement system because of such error or oversight shall become a member of the Kansas public employees retirement system effective as of January 1, 1962, and shall receive the appropriate retirement benefit payments accumulated from the first day of eligibility for retirement, July 1, 1962, and shall hereafter receive the appropriate monthly retirement benefits earned by reason of such employee's years of service. On the effective date of this act, the participating employer of such employee shall remit to the Kansas public employees retirement system the appropriate amount of employer contributions based on employee compensation of one hundred twenty-four dollars and ninety cents ($124.90) with the employer's contribution rate being five and thirty-five hundredths percent (5.35%). Any employee contributions due to the system shall be deducted from any benefits payable by the system to such employee pursuant to this section.
History: L. 1979, ch. 238, § 9; May 18.
(a) Notwithstanding any provisions of K.S.A. 74-4927 or any provisions of the group life insurance policy purchased by the Kansas public employees retirement system pursuant to such section to the contrary, the board shall pay to the spouse of an employee who was first employed on August 8, 1977, who was injured on August 14, 1978, in the course of performance of duty in the employ of a participating employer, who became a member of the system on August 18, 1978, and who died as a result of such injury on August 19, 1978, an amount equal to the insured death benefit which such spouse would have been entitled to receive had such employee been eligible for insured death benefits under the provisions of the group life insurance contract entered into pursuant to K.S.A. 74-4927.
(b) Notwithstanding any provision of subsection (2) of K.S.A. 74-4916 to the contrary and in addition to any payments made under subsection (a) of this section, the board shall pay to the spouse of an employee described in subsection (a) of this section or other person eligible therefor an amount or amounts equal to the accidental death benefits which such spouse or other person would have been entitled to receive had such employee been eligible for accidental death benefits under subsection (2) of K.S.A. 74-4916. The board shall pay such amounts in the manner provided by law for the payment of accidental death benefits.
(c) Payments under subsections (a) and (b) of this section shall be made from the Kansas public employees retirement fund and shall be considered a past service liability of the fund.
History: L. 1979, ch. 234, § 2; April 7.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on June 1, 1969, and who was first employed by the same participating employer from December 1, 1957 to July 19, 1961, shall be entitled to receive upon retirement prior service credit for such employment prior to January 1, 1962. The prior service benefit for such employee shall be computed by using a prior service salary of five thousand five hundred sixty-eight dollars ($5,568).
History: L. 1980, ch. 241, § 1; July 1.
Notwithstanding the provisions of subsection (2) of K.S.A. 74-4917 and 74-4932 and subsection (4) of K.S.A. 74-4963 to the contrary, if an individual who was born October 7, 1929, and who became a member of the Kansas police and firemen's retirement system on November 1, 1979, has credited service under the Kansas public employees' retirement system, any retirement benefits to which such individual would have been entitled under the Kansas public employees retirement system shall become vested whenever the total credited service under both systems equal ten (10) years and any retirement benefits to which such individual shall be entitled to under the Kansas police and firemen's retirement system shall become vested whenever the total credited service under both systems equal twenty (20) years. Upon such individual's retirement, each such retirement system shall be liable for payment of retirement benefits under such system in the proportion that the years of such individual's service under such system bears to such individual's total years of service under both such systems. For the purpose of determining and computing retirement benefits and death and disability benefits computed upon the basis of "credited service" of such individual, the term "credited service," as used in K.S.A. 74-4951 et seq., and amendments thereto, shall mean and include only "participating service" under the Kansas police and firemen's retirement system, except that service credited under the Kansas public employees retirement system to such individual shall be considered and included (a) in determining whether the death or disability of such individual was "service connected" under the provisions of subsection (10) of K.S.A. 74-4952 and (b) for the purpose of determining the eligibility of such individual for non-service connected death and disability benefits under the provisions of subsection (2) of K.S.A. 74-4959 and subsection (2) of K.S.A. 74-4960.
History: L. 1980, ch. 241, § 2; July 1.
Notwithstanding the provisions of subsection (1)(b) of K.S.A. 74-4956 to the contrary, an individual who became a member of the Kansas public employees retirement system on August 1, 1976, and who was purchasing military service credit by means of double deductions under K.S.A. 74-4919h until such purchasing was terminated on January 1, 1980, due to such member's transfer of membership to the Kansas police and firemen's retirement system on that date, shall have all military service which was purchased prior to January 1, 1980, credited as participating service credit under the Kansas police and firemen's retirement system.
History: L. 1980, ch. 241, § 3; July 1.
Notwithstanding the provisions of subsection (4) of K.S.A. 74-4917 to the contrary, an individual who was born November 24, 1913, who became a member of the Kansas public employees retirement system on January 1, 1962, who was first employed by the entry date employer on July 11, 1960, and continued in employment with such participating employer until March 1, 1969, and who was again employed by a participating employer from March 13, 1972, through such member's retirement under the Kansas public employees retirement system on May 1, 1979, shall have all retirement benefits of such member recalculated using a final average salary of twenty-eight thousand two hundred ninety-eight dollars and ninety-six cents ($28,298.96) for all participating service credit. Such recalculation shall be retroactive to the date of retirement on May 1, 1979.
History: L. 1980, ch. 241, § 4; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on March 1, 1963, who was first employed by a participating employer from May 12, 1952, through May 29, 1956, and was employed by the same participating employer again from December 1, 1956, through September 15, 1961, shall upon retirement be entitled to receive prior service credit for all such employment prior to January 1, 1962. The prior service benefit for such member shall be computed by using a prior service annual salary of four thousand eight hundred forty dollars ($4,840).
History: L. 1980, ch. 241, § 6; July 1.
Notwithstanding the provisions of K.S.A. 74-4902, 74-4911, and 74-4913 and subsection (2) of K.S.A. 74-4935 to the contrary, an employee who was first employed in the public schools of Kansas in the school year 1957-58, who became a member of the Kansas public employees retirement system on January 1, 1971, who forfeited all service credit under such system on March 6, 1974, by reason of termination and withdrawal of contributions, who was again employed by a participating employer on August 23, 1979, and who was born May 2, 1919, shall be a member of the Kansas public employees retirement system on the effective date of this act. Such member may purchase participating service credit under such system for the period from August 23, 1979, to the date of membership under the provisions of this section by means of a lump-sum payment equivalent to four percent (4%) of the compensation paid to such member for personal services during such period, except that such lump-sum payment must be made within six months after the effective date of this act.
History: L. 1980, ch. 241, § 7; July 1.
Notwithstanding the provisions of K.S.A. 74-4902, 74-4911 and 74-4913, to the contrary, an employee who was employed by a participating employer on February 1, 1979, and who was born February 2, 1918, shall be a member of the Kansas public employees retirement system as of the first day of the first payroll period chargeable to the fiscal year ending June 30, 1981. Upon the attainment of membership by the provisions of this act, such employee and such employee's participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act. Such employee may purchase participating service credit for all service with such employer under K.S.A. 74-4919a.
History: L. 1980, ch. 241, § 8; July 1.
Notwithstanding the provisions of K.S.A. 74-4902, 74-4911 and 74-4913, to the contrary, an employee who was employed by a participating employer on November 29, 1979, and who was a member of the state school retirement system during school years 1948-49 through 1954-55 and withdrew their contributions from the state school retirement system, and who was born February 1, 1919, shall be a member of the Kansas public employees retirement system as of the first day of the first payroll period chargeable to the fiscal year ending June 30, 1981. Upon the attainment of membership by the provisions of this act, such employee and such employee's participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement act. Such employee may purchase participating service credit for all service with such employer under K.S.A. 74-4919a, and may purchase prior service credit for all forfeited school service under K.S.A. 74-4919g.
History: L. 1980, ch. 241, § 9; July 1.
Notwithstanding the provisions of K.S.A. 74-4915 to the contrary, an employee of a participating employer who became a member of the retirement system on July 1, 1970, who had previously been employed as an elected official having taken office on January 8, 1957, who served in such office until January 14, 1969, whose date of birth is July 3, 1913, and who is serving in the same office as when first becoming a member of the system, shall upon retirement have all retirement benefits calculated using final average salary for all credited service.
History: L. 1980, ch. 241, § 10; July 1.
Notwithstanding the provisions of K.S.A. 74-4915 to the contrary, a member of the system who first became a member on January 1, 1974, who had previously served with a participating employer in an elected position commencing May 1, 1936, to January 8, 1959, who served another participating employer as an elected official from January 8, 1959, to January 9, 1973, and whose date of birth is March 5, 1911, shall upon retirement have all prior service retirement benefits calculated using a prior service salary of $13,020.
History: L. 1980, ch. 241, § 11; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on June 1, 1965, and who was first employed by the Jewell county agricultural extension council, a nonparticipating employer, from June 1, 1953, to May 31, 1964, shall upon retirement be entitled to receive prior service credit for such employment if the Jewell county agricultural extension council has become a participating employer under the Kansas public employees retirement system at the time of the member's retirement. The prior service benefit shall be computed by using a prior service annual salary of $7,900.
History: L. 1981, ch. 312, § 5; May 13.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee who became a member of the Kansas public employees retirement system on July 1, 1962, and who was first employed by another participating employer from January 1, 1945, to January 1, 1947, shall upon retirement be entitled to receive prior service credit for such employment prior to January 1, 1947. The prior service benefit shall be computed by using a prior service annual salary of $1,846.
History: L. 1981, ch. 312, § 6; May 13.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 and K.S.A. 74-4902 to the contrary, an employee who was employed by a participating employer on February 1, 1973, and who was born April 7, 1913, shall be an eligible member of the Kansas public employees retirement system as of February 1, 1973, upon the payment of the appropriate employer and employee contributions and shall be entitled to receive participating service credit for employment with such participating employer from date of membership. Upon the attainment of membership under this section, such employee and such employee's participating employer shall be subject to the statutes governing the Kansas public employees retirement system.
History: L. 1981, ch. 312, § 7; May 13.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 and K.S.A. 74-4902 to the contrary, an employee who was employed by a participating employer on August 27, 1979, and who was born June 2, 1919, shall be an eligible member of the Kansas public employees retirement system as of August 27, 1979, upon the payment of the appropriate employer and employee contributions and shall be entitled to receive participating service credit for employment with such participating employer from date of membership. Upon the attainment of membership under this section, such employee and such employee's participating employer shall be subject to the statutes governing the Kansas public employees retirement system.
History: L. 1981, ch. 312, § 8; May 13.
Notwithstanding any provisions of K.S.A. 74-4927 or any provisions of the group life insurance policy purchased by the Kansas public employees retirement system pursuant to such section to the contrary, the board of trustees of the Kansas public employees retirement system shall pay to the spouse of an employee who was first employed on August 23, 1973, whose last day actively at work, due to illness, was September 25, 1974, who became a member of the system on October 1, 1974, and who died on July 7, 1979, an amount equal to the insured death benefit which such spouse would have been entitled to receive had such employee been eligible for the insured death benefit under the provisions of such group life insurance contract.
History: L. 1981, ch. 312, § 9; May 13.
Notwithstanding the provisions of K.S.A. 74-4913, 74-4936, 74-4956, 74-4994 and 74-49,103, and any amendments to such statutes, to the contrary, any member of the Kansas public employees retirement system or any other retirement plan under the laws of this state whose date of birth is June 30, 1921, and who has a minimum of seven years service credit shall receive prior service credit under the Kansas public employees retirement system for any service as a member of the Kansas legislature which is not otherwise credited under the Kansas public employees retirement system, except that in no event, shall any such individual receive credit for any legislative service for a period in which such individual elected not to participate in the Kansas public employees retirement system while such individual served in the legislature or for any legislative service for which such individual had previously received credit and forfeited it as a result of withdrawal of contributions. If a prior service salary is not otherwise available or has not been established under the Kansas public employees retirement system for any individual receiving credit under this section, the prior service salary shall be the total compensation received as a member of the legislature in the last full year of service as a member of the legislature.
History: L. 1982, ch. 319, § 48; May 20.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee whose date of birth was March 27, 1916, and who became a member of the Kansas public employees retirement system on September 1, 1966, and who was first employed by the same participating employer from August 1, 1938, through July 17, 1948, shall receive prior service credit for such employment prior to January 1, 1962. Prior service annual salary for any such member shall be $2,820. Any additional benefits accruing as a result of this section shall accrue from the first day of the month coinciding with or following the effective date of this act.
History: L. 1982, ch. 319, § 49; May 20.
Notwithstanding the provisions of subsection (2)(b) of K.S.A. 74-4913 and subsection (17) of K.S.A. 74-4902, and any amendments to such statutes, to the contrary, an individual who was born October 3, 1908, and who became a member of the Kansas public employees retirement system on January 1, 1962, and who was first employed by the entry date employer on March 1, 1954, and continued in employment with such participating employer until such member's retirement under the Kansas public employees retirement system on November 1, 1981, shall have such member's salary for the three years immediately preceding retirement included in calculation of final average salary for the purpose of determining monthly retirement benefits. Any increase in monthly retirement benefits as a result of this recalculation shall commence on the first day of the month coinciding with or following the effective date of this act.
History: L. 1982, ch. 319, § 50; May 20.
History: L. 1982, ch. 319, § 51; Repealed, L. 1983, ch. 254, § 25; June 18.
Any employee contributions made under the provisions of K.S.A. 74-49a162 shall be refunded.
History: L. 1983, ch. 254, § 21; June 18.
Notwithstanding the provisions of subsection (2)(b) of K.S.A. 74-4913 and subsection (17) of K.S.A. 74-4902, and any amendments to such statutes, to the contrary, an individual who was born November 24, 1910, and who became a member of the Kansas public employees retirement system on February 1, 1969, and who was first employed by the entry date employer on February 1, 1968, and who continued in employment with such participating employer until such member's retirement under the Kansas public employees retirement system on January 1, 1982, shall have such member's salary for the 13 months immediately preceding retirement included in calculation of final average salary for the purpose of determining monthly retirement benefits. Any increase in monthly retirement benefits as a result of this recalculation shall commence on the first day of the month coinciding with or following the effective date of this act.
History: L. 1982, ch. 319, § 52; May 20.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 and K.S.A. 74-4902, and any amendments to such statutes, to the contrary, an employee who was born October 25, 1920, and who was employed by a participating employer on August 17, 1981, shall be a member of the Kansas public employees retirement system as of August 18, 1982. Such employee shall be considered to have been in the year of waiting for membership for purposes of group insurance benefits. Upon the attainment of membership under this section, such employee and such employee's participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement system, K.S.A. 74-4901 et seq., and acts amendatory thereof or supplemental thereto.
History: L. 1982, ch. 319, § 53; May 20.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913 and K.S.A. 74-4902, and any amendments to such statutes, to the contrary, an employee who was born July 7, 1920, and who was employed by a participating employer on February 1, 1980, shall be a member of the Kansas public employees retirement system as of February 18, 1980. Upon the attainment of membership under this section and payment of employee and employer contributions, such employee and such employee's participating employer shall thereafter be governed by the provisions of the Kansas public employees retirement system, K.S.A. 74-4901 et seq., and acts amendatory thereof or supplemental thereto.
History: L. 1982, ch. 319, § 54; May 20.
Notwithstanding the provisions of K.S.A. 74-4913 to the contrary, an employee whose date of birth was November 15, 1918, who became a member of the Kansas public employees retirement system on January 1, 1964, and who was first employed by another participating employer from August 1, 1946, through January 10, 1955, shall be entitled to receive upon retirement prior service credit for such employment prior to January 1, 1962.
History: L. 1982, ch. 319, § 55; May 20.
Notwithstanding the provisions of K.S.A. 74-4960, and amendments thereto, to the contrary, the surviving spouse of a member of the Kansas police and firemen's retirement system who retired on a service-connected disability on March 8, 1972, who died on September 15, 1980, and whose death was not from the same proximate cause as such member's service-connected disability shall be entitled to benefits under subsection (1)(a) of K.S.A. 74-4959.
History: L. 1982, ch. 319, § 56; May 20.
Notwithstanding the provisions of subsection (1)(b) of K.S.A. 74-4956 and amendments thereto to the contrary, an individual who became a member of the Kansas public employees retirement system on January 1, 1971, and who was purchasing military service credit by means of double deductions under K.S.A. 74-4919h and amendments thereto until such purchasing was terminated on January 1, 1980, due to such member's transfer of membership to the Kansas police and firemen's retirement system on that date, shall have all military service which was purchased prior to January 1, 1980, credited as participating service credit under the Kansas police and firemen's retirement system.
History: L. 1983, ch. 254, § 22; June 18.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913, and amendments to these sections, to the contrary, an employee who became a member of the Kansas public employees retirement system on January 18, 1981, and who was employed by the same participating employer from December 1974 to the present shall have the membership date amended to December 1, 1974, and participating service shall be granted for the period of December 1, 1974, to January 18, 1981, upon receipt of the appropriate employee and employer contributions.
History: L. 1983, ch. 254, § 23; June 18.
Notwithstanding the provisions of K.S.A. 74-4911 and 74-4913, and amendments to these sections, to the contrary, an employee who became a member of the Kansas public employees retirement system on January 18, 1981, and who was first employed by a participating employer from June 1945 through January 15, 1948, shall be entitled to receive, upon retirement, prior service credit for such employment prior to January 1, 1962, and the membership date shall be amended to January 1, 1978, and participating service shall be granted for the period of January 1, 1978, to January 18, 1981, upon receipt of the appropriate employee and employer contributions.
History: L. 1983, ch. 254, § 24; June 18.
On and after the effective date of this act, those persons entitled to pensions pursuant to section 2 of chapter 15 of the 1983 Session Laws of Kansas, shall be special members of the Kansas public employees retirement system, and shall receive from the system during their lifetime the amounts as provided in that section or as otherwise provided by law.
History: L. 1984, ch. 289, § 23; July 1.
Notwithstanding the provisions of subsection (1)(a) of K.S.A. 74-4956 and amendments thereto to the contrary, an employee whose date of birth is August 7, 1932, who became a member of the Kansas police and firemen's retirement system on January 1, 1967, and who was first employed as a fireman with a township from January 1, 1957, to May 1, 1964, shall be entitled to receive credited service for such employment with the township.
History: L. 1984, ch. 289, § 24; July 1.
In the event that a person who became a member of the Kansas public employees retirement system on January 1, 1962, who was first employed by a participating employer on February 1, 1955, who first became a judge on May 1, 1971, and who was born January 11, 1926, attains the age of 59, dies without having actually retired, the member's spouse, if the spouse is beneficiary of the member's accumulated contributions, may elect to receive benefits as a joint annuitant under option A, calculated as if the member had attained age 60 and retired on the date of death, in lieu of receiving the member's accumulated contributions.
History: L. 1986, ch. 294, § 15; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 and amendments thereto to the contrary, any vested member of the Kansas public employees retirement system who served as an acting cabinet secretary without salary between January 1, 1987, and July 1, 1987, shall be entitled to receive participating service credit for such service.
History: L. 1987, ch. 299, § 35; July 1.
Notwithstanding the provisions of K.S.A. 74-4913 and amendments thereto, any person who is a member of the Kansas public employees retirement system and who did not receive a refund of such member's accumulated contributions upon termination of employment with a participating employer shall receive participating service credit for service after January 1, 1991, as an employee of the legislative branch of the state of Kansas. Any person receiving participating service credit pursuant to this section shall not be entitled to any benefit provided in K.S.A. 46-1302 and amendments thereto.
History: L. 1992, ch. 321, § 16; July 1.
Every agent employed by the Kansas bureau of investigation, as defined by K.S.A. 74-4980 and amendments thereto, on the effective date of this act who has completed at least 10 years of participating service with the Kansas bureau of investigation as a member of the Kansas police and firemen's retirement system on the effective date of this act may elect to receive a prior service credit under the Kansas police and firemen's retirement system for all service with the Kansas bureau of investigation as a narcotic violation investigator or a narcotics special agent, by filing on or before September 30, 1992, with the board of trustees of the system, a written election to receive such prior service credit. Failure to file such written election shall be presumed to be an election not to receive such prior service credit. Such election, whether to receive such prior service credit, shall be irrevocable. Such prior service credited under the provisions of this act shall not be the basis for credit under the provisions of any other retirement system.
History: L. 1992, ch. 321, § 17; July 1.
Notwithstanding the provisions of K.S.A. 74-4914 and amendments thereto, a member who was born on December 1, 1942, who was employed from August 1967, to August 1975, by a first class city which maintains its own local pension plan and who became a member of the Kansas public employees retirement system on August 14, 1976, may count such service with such first class city in determining whether such employee has met the years of credited service requirements contained in K.S.A. 74-4914 and amendments thereto.
History: L. 1994, ch. 293, § 39; May 5.
The provisions of article 49a of chapter 74 of the Kansas Statutes Annotated are subject to the provisions of K.S.A. 74-49,123 and amendments thereto.
History: L. 1998, ch. 64, § 94; July 1.
(a) Except as otherwise provided by subsection (b) and any other provision of this act, on January 1, 2008, all of the powers, duties, and functions of the director of accounts and reports, the secretary of administration, and the administrative oversight committee on deferred compensation relating to the deferred compensation plan established under the Kansas public employees deferred compensation act, K.S.A. 74-49b07 et seq., and amendments thereto, and including those powers, duties and functions related to the provision of services to local units of government adopting the terms of the deferred compensation plan, are hereby transferred to and imposed upon the board of trustees of the Kansas public employees retirement system.
(b) All of the powers, duties and functions of the director of accounts and reports related to deferrals and deductions from the salary or compensation of state employees in each payroll period as part of the system of regular payroll deduction and the remittance of those moneys in accordance with K.S.A. 74-49b10, and amendments thereto, shall not be transferred to the board and shall be retained by the director of accounts and reports.
(c) On January 1, 2008, the administrative oversight committee on deferred compensation is hereby abolished.
History: L. 2007, ch. 74, § 1; January 1, 2008.
(a) The board of trustees of the Kansas public employees retirement system shall be the successor in every way to the powers, duties and functions of the director of accounts and reports, the secretary of administration and the administrative oversight committee on deferred compensation in which the same were vested prior to the effective date of this act and that are transferred pursuant to K.S.A. 74-49b01, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the board shall be deemed to have the same force and effect as if performed by the director of accounts and reports, the secretary of administration or the administrative oversight committee on deferred compensation in which such powers, duties and functions were vested prior to January 1, 2008.
(b) Whenever the director of accounts and reports, the secretary of administration, the administrative oversight committee on deferred compensation or words of like effect are referred to or designated by a statute, contract, memorandum of understanding, plan, grant, agreement or other document and such reference is in regard to any of the powers, duties or functions transferred to the board of trustees of the Kansas public employees retirement system pursuant to K.S.A. 74-49b01, and amendments thereto, such reference or designation shall be deemed to apply to the board. Effective January 1, 2008, all contracts related to the deferred compensation plan are assigned to the board, and the director of accounts and reports, secretary of administration, administrative oversight committee on deferred compensation and the department of administration are released from any further performance obligation on any existing contracts entered into for the deferred compensation plan.
(c) All rules and regulations, orders, plan documents, agreements, contracts and directives of the director of accounts and reports, the secretary of administration or the administrative oversight committee on deferred compensation that relate to the functions transferred by K.S.A. 74-49b01, and amendments thereto, and that are in effect on January 1, 2008, shall continue to be effective and shall be deemed to be rules and regulations, orders, plan documents, agreements, contracts and directives of the board until revised, amended, revoked or nullified pursuant to law.
History: L. 2007, ch. 74, § 2; January 1, 2008.
On the effective date of this act, the balances of all funds or accounts thereof appropriated or reappropriated for the department of administration relating to the powers, duties and functions transferred by K.S.A. 74-49b01, and amendments thereto, are hereby transferred within the state treasury to the board of trustees of the Kansas public employees retirement system and shall be used only for the purpose for which the appropriation was originally made.
History: L. 2007, ch. 74, § 3; January 1, 2008.
The board of trustees of the Kansas public employees retirement system shall succeed to all property, property rights and records that were used for or pertain to the performance of powers, duties and functions transferred to the board pursuant to K.S.A. 74-49b01, and amendments thereto. Any conflict as to the proper disposition of property, personnel or records arising under this act shall be determined by the governor, whose decision shall be final.
History: L. 2007, ch. 74, § 4; January 1, 2008.
(a) (1) All officers and employees of the department of administration who, immediately prior to January 1, 2008, are engaged in the exercise and performance of the powers, duties and functions transferred to the board of trustees of the Kansas public employees retirement system by K.S.A. 74-49b01, and amendments thereto, are transferred to the board on January 1, 2008, or on a later date or dates determined by the secretary of administration and the board.
(2) All classified employees transferred under subsection (a) shall retain their status as classified employees. Thereafter, the board may convert vacant classified positions to positions that are not classified as otherwise provided by law.
(b) Officers and employees of the department of administration transferred by this order shall retain all retirement benefits and leave balances and rights that had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed by the department of administration prior to the date of transfer.
History: L. 2007, ch. 74, § 5; January 1, 2008.
(a) No suit, action or other proceeding, judicial or administrative, that is lawfully commenced or that could have been lawfully commenced, by or against any state agency or program mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action that is commenced or that could have been commenced by the state shall abate by the taking effect of this act.
History: L. 2007, ch. 74, § 6; January 1, 2008.
The provisions of this section, K.S.A. 74-49b08, 74-49b09, 74-49b10, 74-49b11, 74-49b12, 74-49b13, 74-49b14 and 74-49b15, and amendments thereto, shall be known and may be cited as the Kansas public employees deferred compensation act.
History: L. 1998, ch. 18, § 1; L. 2007, ch. 74, § 9; January 1, 2008.
(a) "Act" means the Kansas public employees deferred compensation act;
(b) "beneficiary" means any person designated to receive benefits under a deferred compensation plan;
(c) "board" means the board of trustees of the Kansas public employees retirement system;
(d) "deferred compensation plan" means a plan for the benefit of current and former state employee participants that is developed and approved as provided in this act and in accordance with section 457 of the federal internal revenue code of 1986, and amendments thereto, and under which a participant elects to defer, transfer or roll over amounts as permitted by the plan; and
(e) "state" means the state of Kansas and any state agency as defined in subsection (3) of K.S.A. 75-3701, and amendments thereto.
History: L. 1976, ch. 367, § 1; L. 1978, ch. 332, § 51; L. 1979, ch. 298, § 1; L. 2002, ch. 192, § 2; L. 2007, ch. 74, § 10; January 1, 2008.
(a) The board is authorized to establish a deferred compensation plan in accordance with section 457 of the federal internal revenue code of 1986, and amendments thereto. Such plan shall be the Kansas public employees deferred compensation plan.
(b) The board may enter into an agreement or agreements with approved insurers, investment managers or other contracting parties whereby benefits or investment services under the Kansas public employees deferred compensation plan would be made available to participants. In addition, the board may enter into an agreement with one or more qualified private firms for consolidated billing services, participant enrollment services, communications services, participant account recordkeeping services and other services related to the administration of the Kansas public employees deferred compensation plan.
(c) No significant costs shall be incurred by the state as a result of the administration of this act unless such costs are recovered by one or both of the following means: (1) A service charge collected from all participants; or (2) credit allowances or reimbursement of specified plan expenses as provided under agreements with one or more qualified private firms entered into pursuant to subsection (b). The amount of any such significant costs incurred and to be recovered by the state shall be determined by the board.
(d) The board is authorized to negotiate and enter into contracts with qualified insurers, investment managers and other contracting parties for the purposes of implementing and providing essential services for the deferred compensation plan, including acquisition of actuarial, investment, consulting, auditing and other services necessary therefor. Contracts entered into under this act shall be negotiated in accordance with the provisions of K.S.A. 75-37,102 or K.S.A. 75-37,132, and amendments thereto, as applicable, and shall not be subject to the provisions of K.S.A. 75-3739, and amendments thereto.
(e) In addition to benefits or investment services offered pursuant to subsection (b), the board may provide deferred compensation plan investment options designed to replicate investment programs authorized in K.S.A. 74-4901 et seq., and amendments thereto, to the extent and in such manner as permitted by the deferred compensation plan.
(f) No person who serves on the board shall be employed for a period of two years commencing on the date the person no longer serves on the board and ending two years after such date with any organization in which moneys of the deferred compensation plan were invested, except that the employment limitation contained in this subsection shall not apply if such person's employment is with an organization whose stock or other evidences of ownership are traded on the public stock or bond exchanges.
History: L. 1976, ch. 367, § 3; L. 1979, ch. 298, § 2; L. 1988, ch. 301, § 30; L. 2002, ch. 192, § 3; L. 2007, ch. 74, § 11; January 1, 2008.
(a) The board is authorized to enter into a voluntary participation agreement with any employee of the state whereby a portion of the employee's salary or compensation from the state shall be deferred and deducted each payroll period in accordance with subsection (b) and the Kansas public employees deferred compensation plan. Such participation agreement may require each participant to pay a service charge to defray all or part of any significant costs incurred and to be recovered by the state pursuant to K.S.A. 74-49b09(c), and amendments thereto, as a result of the administration of this act.
(b) Pursuant to this act and such participation agreements, the director of accounts and reports, as a part of the system of regular payroll deductions and using funds either appropriated or otherwise available for such purpose, shall establish a system for the following purposes: (1) To defer each payroll period the amounts authorized in such participation agreements from the salary or compensation of each employee who has entered into a participation agreement; and
(2) to remit these moneys in accordance with the Kansas public employees deferred compensation plan.
(c) (1) Pursuant to section 401(a) of the federal internal revenue code, the board may establish a qualified plan under which the state may contribute a specified amount, subject to appropriations, to the deferred compensation plan for state employees who have entered into a voluntary participation agreement with the board under this section.
(2) Any state agency that has on its payroll persons participating in any qualified plan established under subsection (c)(1), shall pay from any moneys available to the state agency for such purpose an amount specified in the qualified plan, subject to appropriations for that purpose.
(d) The Kansas public employees deferred compensation plan shall exist and be in addition to, and shall not be a part of any retirement or pension system for employees. The state shall not be responsible for any loss incurred by any participant under the Kansas public employees deferred compensation plan established and approved pursuant to this act.
(e) Notwithstanding the provisions of K.S.A.
74-4909(10), and amendments thereto, for those employees who entered into a voluntary participation agreement pursuant to the provisions of this section or K.S.A. 74-49b15, and amendments thereto, and who are also members of a retirement system administered by the board, the board may share information from the participants' retirement or pension system accounts with a contracting party pursuant to the provisions of K.S.A. 74-49b09, and amendments thereto, for the purpose of facilitating the participants' comprehensive retirement income planning.
(f) Any amount of the employee's salary or compensation that is deferred on a pre-tax basis under an authorized participation agreement shall continue to be included as regular compensation for all purposes of computing retirement and pension benefits earned by any such employee. Any sum so deferred or deducted shall not be subject to state income taxes for the year in which such sum is contributed but shall be subject to applicable state income taxes for the year in which distributions are received by the employee. Any amounts contributed to a Roth 457 plan under this act shall be subject to state withholding and income taxes for the year in which such sum is contributed to the plan, but shall not be subject to applicable state income taxes for the year in which distributions are received by the employee, unless the provisions of article 32 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, provide otherwise.
(g) A deferred compensation clearing fund shall be established in the state treasury in which all compensation deferred, deducted or contributed in accordance with this act and as provided for in each participation agreement shall be temporarily placed.
History: L. 1976, ch. 367, § 4; L. 1979, ch. 298, § 3; L. 2002, ch. 116, § 10; L. 2002, ch. 192, § 4; L. 2007, ch. 74, § 12; L. 2016, ch. 76, § 12; July 1.
(a) All moneys that are deferred, transferred or rolled-over in accordance with the provisions of the deferred compensation plan, and the provisions of this act, shall be held in trust in accordance with section 457 of the federal internal revenue code of 1986, and amendments thereto, for the exclusive benefit of participants and their beneficiaries, and shall be disposed of in accordance with the terms of the participation agreement. No part of the assets of the plan may be used for, or diverted to, purposes other than for the exclusive benefit of participants and the participant's beneficiaries and for defraying reasonable expenses of the deferred compensation plan. No part of the assets of the deferred compensation plan shall be joined with or commingled with the assets of any portion of the Kansas public employees retirement system established under the provisions of K.S.A. 74-4901 et seq., and amendments thereto, except for assets pooled for investment purposes as provided in subsection (e) of K.S.A. 74-49b09, and amendments thereto.
(b) Amounts payable to the deferred compensation plan pursuant to the plan shall not be subject to any premium tax or other charges arising under the insurance laws of this state. If any such tax or charge has been paid prior to the effective date of this act, the same shall be refunded.
History: L. 1976, ch. 367, § 5; L. 1979, ch. 298, § 4; L. 1981, ch. 355, § 1; L. 1998, ch. 18, § 3; L. 2002, ch. 192, § 5; L. 2007, ch. 74, § 13; January 1, 2008.
No participant or beneficiary shall have the right to commute, sell, assign or otherwise transfer or convey the rights to receive any payments under a participation agreement entered into pursuant to this act and such payments and rights are expressly declared to be and shall be unassignable.
History: L. 1976, ch. 367, § 8; L. 2007, ch. 74, § 14; January 1, 2008.
The board may adopt rules and regulations for the implementation and administration of this act. The board shall maintain such accounts and records as are necessary and appropriate to the efficient operation of this act.
History: L. 1976, ch. 367, § 9; L. 1983, ch. 291, § 5; L. 2007, ch. 74, § 15; January 1, 2008.
(a) The board may enter into an agreement with any local government of the state of Kansas making the services under contracts entered into by the board under K.S.A. 74-49b09(b), and amendments thereto, available to the local government, subject to the terms and conditions of those contracts and the agreement entered into between the board and the local governmental unit, if the local governmental unit meets all of the following conditions: (1) The local governmental unit meets the definition of eligible employer as defined in K.S.A. 74-4902, and amendments thereto;
(2) the governing body of the local governmental unit has enacted an ordinance or resolution adopting the terms of the deferred compensation plan for state employees established under K.S.A. 74-49b09, and amendments thereto, as the local government deferred compensation plan for the employees of that local governmental unit; and
(3) the governing body certified that the local governmental unit will make such local government deferred compensation plan available to its employees and will administer it in accordance with the provisions of this act, section 457 of the federal internal revenue code of 1986, and amendments thereto, and the deferred compensation plan established by the board under K.S.A. 74-49b09, and amendments thereto.
(b) Pursuant to section 401(a) of the federal internal revenue code, and subject to the provisions of K.S.A. 74-49b10, and amendments thereto, the board may establish a qualified plan under which local governmental units participating in the deferred compensation plan may contribute a specified amount to such plan.
(c) Except for such agreement, the board or any other state officer or employee shall not be involved nor incur any expense in the administration of a plan adopted by a local governmental unit under subsection (a) or (b), except to the extent that such costs are reimbursed under one or both of the methods identified in K.S.A. 74-49b09(c), and amendments thereto.
(d) The state shall not be responsible for any loss incurred by or obligation of any local governmental unit participant under a local government deferred compensation plan established as provided pursuant to subsection (a) or (b).
History: L. 1982, ch. 335, § 1; L. 1984, ch. 289, § 25; L. 1988, ch. 301, § 31; L. 2007, ch. 74, § 16; L. 2016, ch. 76, § 13; July 1.
(a) Subject to the agreement entered into under the provisions of K.S.A. 74-49b14, and amendments thereto, the governing body of a local government unit may establish such conditions as the governing body deems advisable to govern the voluntary participation of its employees in the local government deferred compensation plan established by the local governmental unit under the provisions of K.S.A. 74-49b14, and amendments thereto.
(b) Any amount of an employee's salary or compensation that is deferred on a pre-tax basis under an authorized participation agreement shall continue to be included as regular compensation for all purposes of computing retirement and pension benefits earned by such employee. Any sum so deferred or deducted shall not be subject to state income tax for the year in which such sum is contributed but shall be subject to applicable state income taxes for the year in which distributions are received by the employee. Any amounts contributed to a Roth 457 plan under this act shall be subject to state withholding and income taxes for the year in which such sum is contributed to the plan, but shall not be subject to applicable state income taxes for the year in which distributions are received by the employee, unless the provisions of article 32 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, provide otherwise.
History: L. 1982, ch. 335, § 2; L. 2007, ch. 74, § 17; L. 2016, ch. 76, § 14; July 1.
History: L. 1963, ch. 407, § 1; Repealed, L. 1975, ch. 389, § 4; July 1.
The purpose of the department of commerce shall be to develop and implement strategies to:
(a) Facilitate the growth, diversification and expansion of existing enterprises and the creation by Kansans of new wealth-generating enterprises;
(b) promote economic diversification and innovation within the basic industries and sectors of the state;
(c) promote increased productivity and value added products, processes and services among wealth-generating enterprises and the export of those goods and services created by small and large Kansas enterprises to the nation and world;
(d) maintain and revitalize economically depressed rural areas and urban neighborhoods by annually targeting scarce resources by size, sector and location to communities and enterprises of particular need and opportunity and by working in close collaboration with local communities;
(e) protect and enhance the environmental quality of the state in ways consistent with dynamic economic growth; and
(f) forge a supportive partnership with the standing committee on commerce of the senate, the standing committee on commerce, labor and economic development of the house of representatives, Kansas venture capital, inc., Kansas certified development companies, Kansas small business development centers, Kansas public and private educational institutions, and other appropriate private and public sector organizations in achieving the economic goals of the state.
History: L. 1986, ch. 296, § 1; L. 1993, ch. 136, § 6; L. 2011, ch. 104, § 11; L. 2012, ch. 65, § 3; L. 2013, ch. 134, § 6; July 1.
The legislature declares it necessary and to be the public policy of this state to promote, stimulate and encourage development of the general economic welfare and prosperity of the state through the promotion and development of industry, commerce, agriculture, labor and natural resources in this state. Such promotion and development requires that cognizance be taken of the continuing migration of people to the urban areas in search of job opportunities, and the fact that Kansas is making a needed transition to a diversified economy which creates new challenges for its people. Greater diversification and attraction of additional industry, accelerated development of natural resources, expansion of existing industry, creation of new uses for agricultural products, greater emphasis on scientific research, development of new markets for the products of the state and the attainment of a proper balance in the overall economic base are all necessary in order to create additional employment opportunities, increase personal income and promote the general welfare of the people of this state. To attain these goals, and to coordinate the activities of groups, public and private, which are engaged in these efforts, the organization, consolidation, coordination and arrangements herein provided have been established.
History: L. 1963, ch. 407, § 2; April 19.
(a) There is hereby created a department of commerce, the head of which shall be the secretary of commerce. The governor shall appoint the secretary of commerce, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and the secretary shall serve at the pleasure of the governor. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as secretary shall exercise any power, duty or function as secretary until confirmed by the senate. The department of commerce shall be administered under the direction and supervision of the secretary of commerce. The secretary of commerce shall receive an annual salary fixed by the governor.
(b) The secretary shall employ division directors and such other professional staff and employees as may be deemed necessary to effectively administer this act. The secretary may appoint one public information officer, one chief attorney, one personal secretary and one special assistant who shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the secretary and approved by the governor.
(c) The offices of the department of commerce shall be located in Topeka.
(d) The provisions of the Kansas governmental operations accountability law apply to the department of commerce and the office of secretary of commerce, and the department and office are subject to audit, review and evaluation under such law.
History: L. 1975, ch. 388, § 1; L. 1975, ch. 389, § 1; L. 1981, ch. 299, § 30; L. 1982, ch. 347, § 43; L. 1986, ch. 296, § 2; L. 1987, ch. 347, § 2; L. 1992, ch. 116, § 37; L. 2008, ch. 121, § 13; July 1.
All the powers, duties and functions of the department of economic development and the secretary of economic development are hereby transferred to and conferred and imposed, respectively, upon the department of commerce and the secretary of commerce, except as is hereinafter otherwise provided.
History: L. 1975, ch. 388, § 2; L. 1986, ch. 296, § 3; January 12, 1987.
The department of commerce and secretary of commerce shall be the successors in every way, respectively, to the powers, duties and functions of the department of economic development and secretary of economic development, except as hereinafter otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the department of commerce or secretary of commerce, respectively, shall be deemed to have the same force and effect as if performed by the department of economic development and secretary of economic development. The department and secretary of commerce shall be continuations of the department of economic development and the secretary of economic development.
History: L. 1975, ch. 388, § 3; L. 1986, ch. 296, § 4; January 12, 1987.
All rules and regulations and all orders and directives of the secretary of economic development which are in existence on the effective date of this act, shall continue to be effective and shall be deemed to be the duly adopted rules and regulations or orders and directives of the secretary of commerce, until revised, amended, revoked or nullified according to law.
History: L. 1975, ch. 388, § 4; L. 1986, ch. 296, § 5; January 12, 1987.
(a) Whenever the department of economic development, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the department of commerce.
(b) Whenever the secretary of economic development, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of commerce.
History: L. 1975, ch. 388, § 5; L. 1986, ch. 296, § 6; January 12, 1987.
History: Executive Reorganization Order No. 23, § 1; L. 2001, ch. 86, § 7; Repealed, L. 2003, ch. 154, § 104; July 1.
History: Executive Reorganization Order No. 23, §§ 2 to 6; Repealed, L. 2003, ch. 154, § 104; July 1.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer, made by or under authority of this order, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The secretary of commerce and housing shall succeed to all property, property rights and records which were used for or pertain to the performance of the powers, duties and functions transferred to the division of housing or the department of commerce and housing pursuant to this order. Any conflict as to the proper disposition of property, personnel or records arising under this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 23, § 7; July 1, 1992.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this order, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
History: Executive Reorganization Order No. 23, § 8; July 1, 1992.
History: Executive Reorganization Order No. 23, § 9; Repealed, L. 2003, ch. 154, § 104; July 1.
The secretary of commerce may organize the department of commerce in the manner the secretary of commerce deems most efficient, so long as the same is not in conflict with law. The secretary may establish policies governing the transaction of business of the department and the administration of the department. Division heads and employees of the department of commerce not within a particular division shall perform such duties and exercise such powers as are prescribed by law and such other duties as the secretary of commerce may prescribe, and such person shall act for, and exercise the powers of, the secretary of commerce to the extent authority to do so is delegated by the secretary of commerce to them. Personnel of each division shall perform such duties and exercise such powers as the head of the division may prescribe and such duties and powers as are prescribed by law. Personnel of each division shall act for, and exercise the powers of, their division head to the extent authority to do so is delegated by the division head.
History: Executive Reorganization Order No. 23, § 10; L. 2003, ch. 154, § 31; July 1.
(a) Except with respect to the powers, duties, and functions that are transferred by this order to the Kansas development finance authority or to the division of housing within the Kansas development finance authority, the department of commerce established by this order shall be the successor in every way to the powers, duties, and functions of the department of commerce and housing in which the same were vested prior to the effective date of this order. Every act performed in the exercise of such powers, duties and functions by or under the authority of the Kansas department of commerce or the secretary of commerce established by this order shall be deemed to have the same force and effect as if performed by the department of commerce and housing or the secretary of commerce and housing in which such powers, duties and functions were vested prior to the effective date of this order.
(b) Whenever the department of commerce and housing, or words of like effect, are referred to or designated by a statute, contract or other document, and such reference or designation is in regard to any function, power, or duty other than those powers, duties, and functions that are transferred to the Kansas development finance authority under this order, such reference or designation shall be deemed to apply to the department of commerce established by this order.
(c) Whenever the secretary of commerce and housing, or words of like effect, are referred to or designated by a statute, contract or other document, and such reference or designation is in regard to any function, power, or duty other than those powers, duties, and functions that are transferred to the Kansas development finance authority under this order, such reference or designation shall be deemed to apply to the secretary of commerce established by this order.
(d) All rules and regulations, orders and directives of the secretary of the department of commerce and housing that relate to functions other than those functions transferred by this order and that are in effect on the effective date of this order shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the secretary of commerce until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 7; July 1.
(a) On or before June 30, 2003, the department of commerce and housing is hereby authorized and directed to adopt temporary rules and regulations setting forth an objective scoring matrix for the purpose of awarding housing tax credits.
(b) Notwithstanding the provisions of executive reorganization order no. 30, the department of commerce is authorized and directed to adopt in fiscal year 2004 permanent rules and regulations setting forth an objective scoring matrix for the purpose of awarding housing tax credits. Thereafter the Kansas development finance authority is authorized to amend or supplement any such rules and regulations.
History: L. 2003, ch. 154, § 103; May 29.
The secretary of commerce is hereby authorized to adopt, amend or repeal rules and regulations as necessary to administer or implement any statutory provision under the department's jurisdiction. Such rules and regulations shall be promulgated in accordance with the rules and regulations filing act, K.S.A. 77-415 et seq., and amendments thereto. Such rules and regulations shall not be inconsistent with or exceed the authority granted to the secretary under the statutory provision to be administered or implemented.
History: L. 2004, ch. 183, § 7; June 3.
(a) There is hereby established, within the Kansas department of commerce, a division of workforce development. The head of the division shall be the director of workforce development, who shall be appointed by and serve at the pleasure of the secretary of the department of commerce. The director shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of commerce, with the approval of the governor. Under the supervision of the secretary of commerce, the director of workforce development shall administer the division of workforce development.
(b) The monitoring unit of the division of workforce development shall report annually, on or before January 15, to the senate committee on commerce, the house committee on commerce, labor and economic development, and any successor committees thereto, on the monitoring activities of the division during the preceding calendar year, any problems within workforce development activities, compliance with federal and state requirements and such other matters concerning workforce development which the monitoring unit deems appropriate.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 1; L. 2007, ch. 35, § 1; L. 2013, ch. 134, § 7; July 1.
(a) The division of workforce development within the department of commerce and the director of workforce development established by this order shall be the successor in every way to the powers, duties, and functions of the division of employment and training within the department of human resources and the director of employment and training in which the same were vested prior to the effective date of this order and that are transferred pursuant to K.S.A. 75-5701a. The department of commerce and the secretary of commerce shall be the successor in every way to the powers, duties, and functions of the department and secretary of human resources in which the same were vested prior to the effective date of this order and that are transferred pursuant to K.S.A. 75-5701a. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the department or secretary of commerce or the division or director of workforce development within the department of commerce shall be deemed to have the same force and effect as if performed by the department or secretary of human resources or the division or director of employment and training within the department of human resources in which such powers, duties, and functions were vested prior to the effective date of this order.
(b) Whenever the division of employment and training of the department of human resources, or words of like effect, are referred to or designated by a statute, contract, or other document, such reference or designation shall be deemed to apply to the division of workforce development established by this order.
(c) Whenever the director of employment and training within the department of human resources, or words of like effect, are referred to or designated by a statute, contract, or other document, such reference or designation shall be deemed to apply to the director of workforce development established by this order.
(d) Whenever the department of human resources or the secretary of human resources, or words of like effect, are referred to or designated by a statute, contract, or other document and such reference is in regard to any of the powers, duties, or functions transferred to the department or secretary of commerce pursuant to this order, such reference or designation shall be deemed to apply to the department of commerce or the secretary of commerce.
(e) All rules and regulations, orders, and directives of the secretary of the department of human resources or the director of employment and training which relate to the functions transferred by this order and which are in effect on the effective date of this order shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the secretary of commerce or the director of workforce development until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 3; July 1.
(a) On the effective date of this order, the balances of all funds or accounts thereof appropriated or reappropriated for the department of human resources relating to the powers, duties, and functions transferred by this order are hereby transferred within the state treasury to the department of commerce and shall be used only for the purpose for which the appropriation was originally made.
(b) On the effective date of this order, liability for all accrued compensation or salaries of officers and employees who are transferred to the department of commerce under this order shall be assumed and paid by the department of commerce.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 4; July 1.
(a) When any conflict arises as to the disposition of any property, power, duty, or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of this order, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The department of commerce shall succeed to all property, property rights, and records which were used for or pertain to the performance of powers, duties, and functions transferred to the department of commerce. Any conflict as to the proper disposition of property, personnel, or records arising under this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 5; July 1.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this order, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action, or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 6; July 1.
(a) All officers and employees of the division of employment and training within the department of human resources who, immediately prior to the effective date of this order, are engaged in the exercise and performance of the powers, duties, and functions transferred by this order, as well as all officers and employees of the department of human resources who are determined by the secretary of human resources and secretary of commerce to be engaged in providing administrative, technical, or other support services that are essential to the exercise and performance of the powers, duties, and functions transferred by this order, are hereby transferred to the department of commerce. All classified employees so transferred shall retain their status as classified employees.
(b) Officers and employees of the department of human resources transferred by this order shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs, or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed by the department of human resources prior to the date of transfer.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 8; July 1.
Subject to the approval of the governor, the secretary of commerce is authorized to contract with federal government agencies, governmental entities of any state, and private not-for-profit corporations for the performance of data processing services and training.
History: L. 2005, ch. 132, § 11; April 21.
History: L. 1963, ch. 407, §§ 3, 4; Repealed, L. 1975, ch. 389, § 4; July 1.
The department shall be the lead agency of the state for economic development of commerce through the promotion of business, industry, trade and tourism within the state. In general, but not by way of limitation, the department shall have, exercise and perform the following powers and duties:
(a) To assume central responsibility for implementing all facets of a comprehensive, long-term, economic development strategy and for coordinating the efforts of both state agencies and local economic development groups as they relate to that objective;
(b) to coordinate the implementation of the strategy with all other state and local agencies and offices and state educational institutions which do research work, develop materials and programs, gather statistics, or which perform functions related to economic development; and such state and local agencies and offices and state educational institutions shall advise and cooperate with the department in the planning and accomplishment of the purposes of this act;
(c) to advise and cooperate with all federal departments, research institutions, educational institutions and agencies, quasi-public professional societies, private business and agricultural organizations and associations, and any other party, public or private, and to call upon such parties for consultation and assistance in their respective fields of interest, to the end that all up-to-date available technical advice, information and assistance be gathered for the use of the department, the governor, the legislature and the people of this state;
(d) to enter into agreements necessary to carry out the purposes of this act;
(e) to conduct an effective business information service, keeping up-to-date information on such things as manufacturing industries, labor supply and economic trends in employment, income, savings and purchasing power within the state, utilizing the services and information available from the division of the budget of the department of administration;
(f) to support a coordinated program of scientific and industrial research with the objective of developing additional uses of the state's natural resources, agriculture, agricultural products, new and better industrial products and processes, and the best possible utilization of the raw materials in the state; and to coordinate this responsibility with the state educational institutions, with all state and federal agencies, and all public and private institutions within or outside the state, all in an effort to assist and encourage new industries or expansion of existing industries through basic research, applied research and new development;
(g) to maintain and keep current all available information regarding the industrial opportunities and possibilities of the state, including raw materials and by-products; power and water resources; transportation facilities; available markets and the marketing limitations of the state; labor supply; banking and financing facilities; availability of industrial sites; and the advantages the state and its particular sections have as industrial locations; and such information shall be used for the encouragement of new industries in the state and the expansion of existing industries within the state;
(h) to publicize information and the economic advantages of the state that make it a desirable place for commercial and industrial operations and a good place in which to live;
(i) to establish a clearinghouse for the collection and dissemination of information concerning the number and location of public and private postsecondary vocational and technical education programs in areas critical to economic development;
(j) to acquaint the people of this state with the industries within the state and encourage closer cooperation between the farming, commercial and industrial enterprises and the people of the state;
(k) to participate in economic development and planning assistance programs of the federal government to political subdivisions;
(l) to assist counties and cities in industrial development through the establishment of industrial development corporations, including site surveys, small business administration situations, and render such other similar assistance as may be required; and in those instances where it is deemed appropriate, to contract with and make a service charge to the county or city involved for such services rendered;
(m) to render assistance to private enterprise on planning problems and site surveys upon request and shall make a reasonable service charge for such services rendered; and any moneys received for services rendered, as provided in this subsection, shall be deposited in the fund and expended therefrom, as provided in subsection (n);
(n) to make agreements with other states and with the United States government, or its agencies, and to accept funds from the federal government, or its agencies, or any other source for research studies, investigation, planning and other purposes related to the duties of the department; and any funds so received shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of a special revenue fund which is hereby created and shall be known as the "economic development fund" or used in accordance with or direction of the contributing federal agencies; and expenditures from such fund may be made for any purpose in keeping with the responsibilities, functions and authority of the department; and warrants on such fund shall be drawn in the same manner as required of other state agencies upon vouchers signed by the secretary;
(o) to do other and further acts as shall be necessary and proper in fostering and promoting the industrial development and economic welfare of the state;
(p) to organize, or cause to be organized, an advisory board or boards representing interested groups, including industry, labor, agriculture, scientific research, the press, the professions, industrial associations, civic groups, etc.; and such board or boards shall advise with the department as to its work and the department shall, as far as practicable, cooperate with such board or boards, and secure the active aid thereof in the accomplishment of the aims and objectives of the department;
(q) to perform the duties imposed under the Kansas venture capital company act;
(r) to serve as the central agency and clearinghouse to collect and disseminate ideas and information bearing on local planning problems; and, in so doing, the department, upon request of the board of county commissioners of any county or the governing body of any city in the state, may make a study and report upon any planning problem of such county or city submitted to it;
(s) to disseminate to the public information concerning economic development programs available in the state, regardless of whether such programs are administered by the department or some other agency and the department shall make available audio-visual and written materials describing the economic development programs to local chambers of commerce, economic development organizations, banks and public libraries and shall take other measures as may be necessary to effectuate the purpose of this subsection;
(t) to perform the duties imposed under the individual development account program act, K.S.A. 74-50,201 through 74-50,208, and amendments thereto;
(u) except as otherwise provided by law, perform the duties and carry out the purposes of K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto; and
(v) to encourage and promote the traveling public to visit this state by publicizing information as to the recreational, historic and natural advantage of the state and its facilities for transient travel and to contract with organizations for the purpose of promoting tourism within the state, and the department may request other state agencies, including, but not limited to, the Kansas water office, the Kansas department of transportation and the Kansas department of wildlife and parks, for assistance and all such agencies shall coordinate information and their respective efforts with the department to most efficiently and economically carryout* the purpose and intent of this subsection.
History: L. 1963, ch. 407, § 5; L. 1974, ch. 350, § 12; L. 1975, ch. 427, § 242; L. 1976, ch. 350, § 1; L. 1976, ch. 349, § 1; L. 1980, ch. 284, § 18; L. 1983, ch. 255, § 1; L. 1986, ch. 296, § 7; L. 1987, ch. 304, § 1; L. 1989, ch. 118, § 181; L. 1990, ch. 283, § 4; L. 1994, ch. 122, § 1; L. 2001, ch. 5, § 322; L. 2005, ch. 104, § 9; L. 2011, ch. 104, § 12; L. 2012, ch. 47, § 96; L. 2023, ch. 7, § 122; July 1.
(a) The secretary of commerce may request the Kansas bureau of investigations to conduct a state and national criminal history record check on any final applicant for, or employee in, a sensitive position with the department of commerce, in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto. The secretary may use the information obtained from such state and national criminal history record check in the determination of the qualifications and fitness of the final applicant for, or the employee in, a sensitive position with the department. Such determination shall be in the discretion of the secretary except for the minimum standard required pursuant to subsection (b).
(b) As a minimum standard for a final applicant offered employment with the department in a sensitive position or employment for an employee in a sensitive position, a person shall have no misdemeanor conviction for any crime involving theft, fraud, forgery or other financial crime or any felony conviction under the laws of any state or of the United States, either prior to or during such employment.
(d)* For purposes of this section:
(1) "Final applicant" means an applicant for a sensitive position with the department of commerce whom the secretary has determined is among a select group of applicants that are the most qualified for the sensitive position and to whom the secretary intends to give final consideration for an offer of such employment.
(2) "Sensitive position" means an employee in:
(A) The positions of division director, assistant secretary, deputy secretary, IT manager and chief counsel;
(B) grant or loan program manager positions directly involved with accounting or disbursement of funds; and
(C) any position determined by the secretary to involve significant financial management responsibilities, the collection or maintenance of, or access to, confidential personal or business information or a significant risk of fraud or financial liability to the department.
(e)* The provisions of K.S.A. 75-7241, and amendments thereto, shall supersede the provisions of this section.
History: L. 2025, ch. 98, § 1; May 1.
History: L. 1963, ch. 407, § 6; L. 1971, ch. 261, § 1; L. 1974, ch. 348, § 74; L. 1974, ch. 349, § 1; Repealed, L. 1975, ch. 389, § 4; July 1.
History: L. 1963, ch. 407, § 7; Repealed, L. 1986, ch. 296, § 27; January 12, 1987.
The purpose of the division of business development shall be to attract new business and industry from outside the state and promote and encourage the growth, diversification, innovation and retention of existing Kansas business and industry, in rural and urban Kansas, thereby creating quality jobs, attracting new capital investment, and expanding and diversifying the state's economic tax base. In defining this purpose, the department and the state government shall recognize that the future of the Kansas economy depends largely on the creation of diversified, value added, primary economic activity that imports new quality jobs, income and wealth into the state. The division of business development is hereby authorized and empowered to:
(a) Foster a climate of agricultural and industrial development by providing incentives to businesses and industries located principally outside the state to expand, locate or relocate within the state;
(b) to engage in recruitment of such businesses and industries by identifying, contacting and informing them of the benefits of expanding, locating or relocating in Kansas;
(c) maintain and keep current all available information regarding the industrial opportunities and possibilities of the state, including raw materials and by-products; power and water resources; transportation facilities; available markets and the marketing limitations of the state; labor supply; banking and financing facilities; availability of industrial sites; and the advantages the state and its particular sections have as industrial locations; and such information shall be used for the encouragement of new industries in the state and the expansion of existing industries within the state;
(d) to assist counties and cities in industrial development through the establishment of industrial development corporations, including site surveys, small business administration problems, and render such other similar assistance as may be required; and in those instances where it is deemed appropriate, to contract with and make a service charge to the county or city involved for such services rendered; and
(e) to acquaint the people of this state with the industries within the state and encourage closer cooperation between the agricultural, commercial and industrial enterprises and the people of the state.
(f) Provide programs that facilitate the development of existing industries and startup industries;
(g) facilitate the availability of capital for business growth and quality job creation;
(h) foster the development of a coordinated statewide network of business assistance programs;
(i) encourage the development of minority and women-owned businesses;
(j) pursue initiatives that expand the market for Kansas products and services;
(k) assist small business by providing assistance in interpreting and applying the laws and administrative rules and regulations of the state applying to such businesses; and
(l) make performance grants available to certified development companies and small business development centers as key constituent elements of a "statewide risk capital system" subject to legislative appropriations. Such grants shall be made to provide secure base levels of funding and incentives for providing financial and technical assistance through the statewide risk capital system to primary, job creating enterprises. The method of distribution of the grants shall be developed by the division in consultation with the certified development companies and small business development centers. Prior to establishing the method of distribution, the division in consultation with the certified development companies and small business development centers shall perform a survey and analysis of the effectiveness of existing methods of distribution for funding in other states. The method of distribution shall include provision for the establishment of performance standards and performance review prior to initial funding and for all subsequent refunding. The method of distribution shall also provide a formula for base levels of funding which considers all current levels of federal, state and other existing funding, and which recognizes different needs based upon differences in client populations and areas served. The method of distribution proposed shall give priority to the use of state funds for incentive funding where possible, and shall specifically encourage co-location of services essential to an effective and efficient statewide risk capital system.
History: L. 1986, ch. 296, § 9; L. 1994, ch. 156, § 1; L. 2012, ch. 65, § 4; July 1.
History: L. 1961, ch. 404, § 1; L. 1963, ch. 407, § 8; Repealed, L. 1975, ch. 389, § 4; July 1.
There is hereby established within and as a part of the department of commerce [and housing] a division of business development, the head of which shall be the director of business development. Under the supervision of the secretary of commerce [and housing], the director of business development shall administer the division of business development. The secretary of commerce [and housing] shall appoint the director of business development and the director shall serve at the pleasure of the secretary. The director of business development shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of commerce [and housing] and approved by the governor.
History: L. 1975, ch. 388, § 6; L. 1985, ch. 256, § 8; L. 1986, ch. 296, § 8; L. 1994, ch. 156, § 2; July 1.
History: L. 1975, ch. 388, § 7; L. 1983, ch. 255, § 2; Repealed, L. 1986, ch. 296, § 27; January 12, 1987.
There is hereby established within and as a part of the department of commerce a division of community development, the head of which shall be the director of community development. The purpose of the division of community development shall be to collaborate in partnership with local Kansas communities to provide grants, loans and technical assistance to these communities to stimulate and support economic development activity. In defining this purpose, the department and state government shall recognize that business enterprises make decisions to undertake, expand and locate new business activity within a state and its local communities through an assessment of the combined impact of state and local tax, expenditure and regulatory policies on that firm's prospects for growth and profitability. Under the supervision of the secretary of commerce, the director of community development shall administer the division of community development. The secretary of commerce shall appoint the director of community development and the director shall serve at the pleasure of the secretary. The director of community development shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of commerce and approved by the governor.
History: L. 1975, ch. 388, § 8; L. 1985, ch. 256, § 9; L. 1986, ch. 296, § 10; January 12, 1987.
The division of community development is hereby authorized and empowered to:
(a) Contract with federal, state or other public agencies and with qualified private persons or agencies and exercise such other powers as may be necessary to accomplish the purposes of this act;
(b) advise, confer, cooperate with and assist local governments, planning commissions, agencies, officials, civic and other groups and citizens in matters relating to the purposes of the department and to encourage the development of comprehensive community planning programs; and
(c) receive funds from any county, city or official metropolitan or regional planning agency established under the provisions of K.S.A. 12-716 to 12-724, inclusive, and amendments thereto, receiving financial assistance for local community planning work.
History: L. 1961, ch. 404, § 2; L. 1974, ch. 350, § 13; L. 1976, ch. 350, § 2; L. 1980, ch. 284, § 19; L. 1985, ch. 256, § 10; L. 1986, ch. 296, § 11; January 12, 1987.
History: L. 1971, ch. 262, § 1; Repealed, L. 1975, ch. 389, § 4; July 1.
There is hereby established within and as a part of the division of business development the office of minority and women business development, the head of which shall be the assistant director for minority and women business development. Under the supervision of the director of business development, the assistant director for minority and women business development shall administer the office of minority and women business development.
History: L. 1975, ch. 388, § 9; L. 1976, ch. 380, § 13; L. 1985, ch. 256, § 11; L. 1986, ch. 296, § 14; L. 1993, ch. 152, § 1; L. 1994, ch. 156, § 3; July 1.
It shall be the duty of the office of minority business to encourage, foster and assist the development of minority businesses in the state, to aid in the educational program related to aiding such development, to recommend necessary legislation to advance the interests of the state in development of minority businesses, to represent the state in related matters before federal agencies and to cooperate with and assist the federal government, the political subdivisions of this state and other persons in such development. Political subdivisions of the state are hereby authorized to cooperate with the office of minority business in the development of minority businesses in this state.
History: L. 1971, ch. 262, § 2; L. 1975, ch. 389, § 2; L. 1985, ch. 256, § 12; July 1.
The office of minority business may enter into agreements to receive federal or other assistance, may receive and expend such funds and may agree to any conditions that it deems to be reasonable and appropriate, which are not inconsistent with the purposes of this act.
History: L. 1971, ch. 262, § 3; L. 1975, ch. 389, § 3; L. 1985, ch. 256, § 13; July 1.
History: L. 1975, ch. 388, § 10; L. 1983, ch. 255, § 3; Repealed, L. 1985, ch. 256, § 16; July 1.
History: L. 1985, ch. 256, § 1; Repealed, L. 1986, ch. 297, § 2; July 1.
The secretary of commerce may organize the department of commerce in the manner the secretary deems most efficient, so long as the same is not in conflict with the provisions of law. Division heads shall perform such duties and exercise such powers as are prescribed by the secretary or by law. Division heads shall act for, and exercise the powers of, the secretary to the extent authority to do so is delegated by the secretary to the division heads. Personnel of each division shall perform such duties and exercise such powers as the head of the division may prescribe and such duties and powers as are prescribed by law. Personnel of each division shall act for, and exercise the powers of, their division head to the extent authority to do so is delegated by the division head. Subject to the Kansas civil service act and with the approval of the secretary of commerce, the head of each division shall appoint all subordinate officers and employees of the division, section, office or other unit of the department of commerce, and all such subordinate officers and employees shall be within the classified service.
History: L. 1975, ch. 388, § 11; L. 1986, ch. 296, § 21; January 12, 1987.
On January 12, 1987, all officers and employees who were engaged immediately prior to such date in the performance of powers, duties, and functions of the department of economic development and who in the opinion of the secretary of commerce are necessary to perform the powers, duties, and functions of the department of commerce, or of any division, section, office or other unit thereof shall become officers and employees of the department of commerce, and shall retain all retirement benefits and all rights of civil service which such officer or employee had before January 12, 1987, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service shall be in accordance with civil service laws and rules and regulations.
History: L. 1975, ch. 388, § 12; L. 1986, ch. 296, § 22; January 12, 1987.
The department of commerce shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties, and functions transferred to it from the department of economic development. On January 12, 1987, all records of and unexpended balances of appropriations for the department of economic development shall be transferred to the department of commerce. Any conflict as to the proper disposition of such property or records or the unexpended balances of any appropriation arising under this section shall be determined by the governor, and such decision shall be final.
History: L. 1975, ch. 388, § 13; L. 1986, ch. 296, § 23; January 12, 1987.
Whenever any conflict arises as to the disposition of any power, function or duty as a result of any abolishment, transfer, attachment or other change made by this act, or under authority of this act, such conflict shall be resolved by the governor, and such decision shall be final.
History: L. 1975, ch. 388, § 14; L. 1986, ch. 296, § 24; January 12, 1987.
No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the department of economic development, or by or against any officer or employee of such department in the official capacity of such officer or employee or in relation to the discharge of the official duties of such officer or employee, shall abate by reason of the taking effect of this act. The court may allow any such suit, action, or other proceeding to be maintained by or against the department of commerce, or any officer or employee affected.
History: L. 1975, ch. 388, § 15; L. 1986, ch. 296, § 25; January 12, 1987.
History: L. 1975, ch. 388, § 16; L. 1982, ch. 320, § 1; Repealed, L. 1986, ch. 298, § 12; July 1.
The department of economic development and the office of the secretary of economic development are hereby abolished.
History: L. 1975, ch. 388, § 17; L. 1986, ch. 296, § 20; January 12, 1987.
This act shall be known and may be cited as the community resource act.
History: L. 1979, ch. 272, § 1; July 1.
It is hereby found and declared that community resource programs are a means for people throughout the state to share their skills and knowledge with one another through educational programs and other projects and thereby to perpetuate the concept of volunteerism and enhance the quality of life in Kansas; and therefore it is in the public interest of the state, and it is the purpose of this act, to provide financial assistance for community resource programs in order to encourage the establishment of such programs and to provide support for the growth and development of those currently in existence.
History: L. 1979, ch. 272, § 2; July 1.
(a) The administration of the community resource act and the powers, duties and functions of the secretary of commerce under the community resource act are hereby transferred to and imposed upon the assistant provost of the division of continuing education of Kansas state university, except as otherwise provided by this act.
(b) All rules and regulations and all orders and directives of the secretary of commerce which were adopted or promulgated under the community resource act and which are in existence on the effective date of this act shall continue to be effective and shall be deemed to be the duly adopted rules and regulations of the state board of regents or orders and directives of the assistant provost, until revised, amended, revoked or nullified according to law.
(c) Whenever the secretary of commerce, or words of like effect, is referred to or designated by a statute, contract or other document with regard to the community resource act, such reference or designation shall be deemed to apply to the assistant provost.
(d) This section shall be construed as part of the community resource act.
History: L. 1987, ch. 305, § 1; July 1.
As used in this act: (a) "Community resource program" means a program designed and established in response to the educational, recreational, social and cultural needs of a community and which is operated by residents of the community who volunteer their talent, skills and knowledge in offering courses and activities for all the residents of the community.
(b) "Local organization" means nonprofit organizations which are organized under public or private auspices especially for the purpose of establishing and operating community resource programs, free universities, community education programs or other community programs or services, or for purposes primarily concerning the general welfare of the community.
(c) "Public or private auspices" means counties, cities, townships, towns, villages, recreation commissions, councils or departments, or private and independent groups of community residents and volunteers.
(d) "Assistant provost" means the assistant provost of the division of continuing education of Kansas state university.
(e) "Board of regents" means the state board of regents created by K.S.A. 74-3201 and amendments thereto.
History: L. 1979, ch. 272, § 3; L. 1987, ch. 305, § 2; July 1.
(a) The assistant provost shall administer this act, shall be responsible for the allocation and distribution of grants-in-aid to eligible local organizations for community resource programs in accordance with appropriations therefor and, in addition, shall have and may exercise the following powers, duties and functions:
(1) Review and evaluate community resource programs, applications for grants-in-aid and budgets of local organizations;
(2) establish standards and criteria for assigning priorities, on the basis of community needs assessments, among local organizations for the allocation and distribution of grants-in-aid;
(3) provide consultation and assistance to local organizations in the establishment, operation and coordination of community resource programs;
(4) make studies and gather and disseminate information relating to materials, resources, procedures, programs and personnel which are available for use in community resource programs; and
(5) recommend to the board of regents such rules and regulations for the approval of applications of local organizations and such other rules and regulations as may be necessary to administer the provisions of this act.
(b) The board of regents is hereby authorized to adopt, amend and revoke rules and regulations for the administration of the community resource act.
History: L. 1979, ch. 272, § 4; L. 1987, ch. 305, § 3; July 1.
The assistant provost is hereby authorized to provide or contract for services in training and technical assistance to any local organization in connection with the establishment and operation of any community resource program. Such services may include workshops, meetings, conferences, publications and in-person visits to program sites. Contracts hereunder may be made and entered into with any individual, agency, association or institution which has the capability of providing statewide technical assistance and has ability and experience in the areas of training and community or human resources.
History: L. 1979, ch. 272, § 5; L. 1987, ch. 305, § 4; July 1.
Each eligible local organization which has established or proposes to establish a community resource program and desires to secure grants-in-aid for part of the cost of establishing and operating the community resource program shall submit an application therefor to the assistant provost for approval or rejection. The application shall be submitted in a form and manner prescribed by the assistant provost, shall contain such information as the assistant provost shall require and shall be submitted annually at a time determined and specified by the assistant provost. Approval of the application by the assistant provost shall be prerequisite to distribution of grants-in-aid to any local organization. Any such local organization shall certify and submit to the assistant provost with its application the budget for operating the community resource program for the year.
History: L. 1979, ch. 272, § 6; L. 1987, ch. 305, § 5; July 1.
In order to be approved for grants-in-aid, any application under K.S.A. 74-5028 and amendments thereto shall contain the following information:
(a) A community needs assessment including a showing of the absence or insufficiency within the community of programs which are similar to the community resource program;
(b) evidence of joint planning and cooperation with public and private sponsors of similar community based programs and provisions for the coordination of the community resource program with such other similar programs;
(c) a plan for operation of the local organization, including its structure, activities, meetings and staff, if any;
(d) evidence of the availability and sufficiency of financial support for the community's share of the cost, and evidence of financial ability to continue the community resource program after termination of eligibility for grants-in-aid;
(e) evidence of the formation of a local advisory council which shall be representative of the community to be served and shall provide support and guidance in determining the needs of the community and in selecting and developing activities for the community resource program; and
(f) such additional information as requested by the assistant provost.
History: L. 1979, ch. 272, § 7; L. 1987, ch. 305, § 6; July 1.
(a) Grants-in-aid under the provisions of this act shall only supplement funds from other sources available to the local organization and shall be determined according to the following formula:
(1) For the first year in which the local organization submits an application, an amount equal to 75% of the certified budget for a community resource program or $6,000, whichever is the lesser amount;
(2) for the second year, an amount equal to 50% of the certified budget or $4,000, whichever is the lesser amount; and
(3) for the third year, an amount equal to 25% of the certified budget or $2,000, whichever is the lesser amount. After receiving grants-in-aid for three years, the eligibility of a local organization therefor shall terminate.
(b) If the amount appropriated in any year for community resource programs shall be insufficient to pay the full amount of grants-in-aid approved by the assistant provost, then the amount appropriated shall be allocated on the basis of priorities established and assigned by the assistant provost.
(c) Every local organization shall make such periodic and special reports of statistical and financial information to the assistant provost as may be requested.
History: L. 1979, ch. 272, § 8; L. 1987, ch. 305, § 7; July 1.
It is hereby declared to be the public policy of the state of Kansas to encourage and assist the development and expansion of new uses of agricultural products including agricultural ethyl alcohol, including the use by the state of Kansas and all political and taxing subdivisions thereof.
History: L. 1979, ch. 323, § 2; May 18.
History: L. 1980, ch. 284, §§ 4, 5; Repealed, L. 1986, ch. 296, § 27; January 12, 1987.
Revisor's Note: Section transferred to 32-1402.
Revisor's Note: Section transferred to 32-1403.
The secretary of economic development is hereby authorized to negotiate and enter into contracts for promotional advertising services for the performance of the powers, duties and functions of the department of economic development under K.S.A. 74-5005 and amendments thereto. All such contracts shall be exempt from the competitive bid requirements of K.S.A. 75-3739 and any amendments thereto.
History: L. 1982, ch. 336, § 1; April 29.
History: L. 1983, ch. 250, §§ 1 to 3; Repealed, L. 1986, ch. 296, § 27; January 12, 1987.
Every state agency which is authorized by law to license, regulate or tax any business, commercial or industrial enterprise or which is authorized to require the filing of any application, form or other document as a condition precedent to engaging in any business, commercial or industrial enterprise within the state shall file with the department of economic development, copies of all forms or other documents which are required by the agency to be filed by any person, firm or corporation establishing and operating any business, commercial or industrial enterprise in this state.
History: L. 1984, ch. 279, § 1; July 1.
(a) The secretary of the department of economic development shall: (1) Determine which applications, forms and other documents are necessary to be filed by state agencies pursuant to the requirements of K.S.A. 74-5037 in order to effectuate the purposes and intent of this act; (2) maintain a file of all applications, forms and documents which are filed by state agencies; and (3) provide copies of the same to persons upon request without charge.
(b) Whenever the number of copies of any application, form or document filed by a state agency is sufficiently low that the secretary of the department of economic development determines that the supply may be exhausted, the secretary of the department of economic development shall inform the state agency filing such form or document and the agency shall file the number of additional copies requested by the secretary of the department of economic development.
History: L. 1984, ch. 279, § 2; July 1.
As used in this act, the term "state agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of this state. The term state agency does not include within its meaning any political or taxing subdivision of this state.
History: L. 1984, ch. 279, § 3; July 1.
History: L. 1984, ch. 276, § 1; Repealed, L. 1994, ch. 303, § 2; July 1.
History: L. 1984, ch. 62, §§ 1 to 3; Repealed, L. 1988, ch. 303, § 6; April 7.
History: L. 1985, ch. 256, § 2; Repealed, L. 1986, ch. 296, § 27; January 12, 1987.
History: L. 1985, ch. 256, § 3; L. 1986, ch. 296, § 12; Repealed, L. 1994, ch. 156, § 4; July 1.
History: L. 1986, ch. 296, § 13; Repealed, L. 1994, ch. 156, § 4; July 1.
There is hereby established within and as a part of the department of commerce a division of trade development, the head of which shall be the director of trade development. The purpose of the division of trade development shall be to increase sales of Kansas products, processes and services worldwide, especially innovative value-added goods and services which diversify the Kansas economy, thereby creating quality jobs, bringing new dollars, income and wealth into the state, and enhancing the growth, diversification and expansion of the state's economic base. In defining this purpose, the department and state government shall recognize that new quality jobs, income and wealth within the state are primarily created by the export of broadly diversified, innovative, value-added goods and services outside the state to the nation and world, and that Kansas must be seen as speaking with one voice in international markets. Under the supervision of the secretary of commerce, the director of trade development shall administer the division of trade development. The secretary of commerce shall appoint the director of trade development and the director shall serve at the pleasure of the secretary. The director of trade development shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of commerce and approved by the governor.
History: L. 1986, ch. 296, § 17; January 12, 1987.
The division of trade development is hereby authorized and empowered to:
(a) Promote the export of Kansas products outside the state and the United States;
(b) develop and conduct trade development and market research missions to foreign markets and host foreign buying teams visiting Kansas;
(c) prepare and distribute an export directory and other specialized product information to foreign buyers;
(d) identify and develop foreign trade leads;
(e) coordinate with and disseminate information regarding the international grains program and international trade institute conducted at Kansas state university; and
(f) coordinate with and disseminate information regarding any international trade activities of the division of markets of the Kansas department of agriculture.
History: L. 1986, ch. 296, § 18; L. 2004, ch. 101, § 129; July 1.
(a) In order to insure that the department of commerce is effectively administering this act, the department shall cooperate with the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives in the performance of an independent performance review of the activities of the department and the departmental divisions. The review shall include, but not be limited to: (1) An assessment of the impacts of the department's programs corresponding to the strategic plans of the department and the departmental divisions; (2) a comparative assessment of the relative impact of the department's programs with similar programs in other states; and (3) a comparative assessment of the targeting of the department's programs by size and sector of economic activity, and by location in different areas of the state. The review shall be completed or updated at least once every three years.
(b) On or before October 1, the department shall prepare and publish an annual report, which shall be made widely available, of its activities and expenditures for the information of the governor, the standing committee on commerce of the senate, the standing committee on commerce, labor and economic development of the house of representatives and the public, and shall, from time to time, submit recommendations to the governor concerning legislation found to be necessary or desirable in effecting the purposes of this act. The annual report shall include any information which the department is required to report by law. The annual report shall specifically account for the ways in which the purposes of the department and its divisions as described in this act have been achieved, and the recommendations shall specifically note what changes in the activities of the department and its divisions, and of state government are necessary to better address the purposes described in this act. The annual report to the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives shall be made by the department either: (1) By publishing such report on the internet and by notifying each member of the committees that the report is available and providing, as part of such notice, the uniform resource locator (URL) at which such report is available; or (2) by submitting copies of such report on CD-ROM or other electronically readable media to such committees.
History: L. 1986, ch. 296, § 19; L. 1992, ch. 116, § 38; L. 1993, ch. 136, § 7; L. 1996, ch. 205, § 5; L. 2002, ch. 151, § 4; L. 2003, ch. 154, § 32; L. 2012, ch. 65, § 5; L. 2013, ch. 134, § 8; July 1.
History: L. 1986, ch. 296, § 26; Repealed, L. 2011, ch. 104, § 47; July 1.
History: L. 1987, ch. 327, §§ 1 to 4; Repealed, L. 1992, ch. 30, § 1; July 1.
(a) There is hereby established the Kansas partnership fund in the state treasury. All moneys in the Kansas partnership fund shall be used for loans in accordance with K.S.A. 74-5056, and amendments thereto, and the provisions of appropriations acts. Such fund shall consist of:
(1) Amounts appropriated by the legislature for the purposes of such fund;
(2) the proceeds, if any, derived from the sale of bonds issued by the Kansas development finance authority for the purposes of such fund;
(3) amounts of repayments made by cities and counties of loans received under K.S.A. 74-5055 through 74-5057, and amendments thereto, together with payments of interest thereon, in accordance with agreements entered into by such cities and counties and the secretary of commerce; and
(4) amounts contributed or otherwise made available by any public or private entity for use in effectuating the purposes of such fund.
(b) All moneys received as principal and interest payments under loan agreements entered into pursuant to K.S.A. 74-5056, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas partnership fund.
(c) All expenditures from the Kansas partnership fund shall be made in accordance with K.S.A. 74-5055 through 74-5057, and amendments thereto, and the provisions of appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or by a person designated by the secretary.
(d) The activities of the secretary of commerce in administering and performing the powers, duties and functions prescribed by the provisions of K.S.A. 74-5055 through 74-5057, and amendments thereto, and providing moneys for the purposes of the Kansas partnership fund from the proceeds of revenue bonds issued for such purpose by the Kansas development finance authority are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto, and the authorization of the issuance of such bonds by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto.
History: L. 1988, ch. 394, § 1; L. 2001, ch. 5, § 323; July 1.
(a) In accordance with the provisions of this section, the secretary of commerce is hereby authorized to enter into loan agreements with cities and counties located in Kansas to provide assistance in financing public infrastructure improvement projects to aid the expansion, relocation and attraction of Kansas basic enterprises and to loan moneys in the Kansas partnership fund in accordance with such agreements.
(b) To be eligible for a loan under K.S.A. 74-5055 through 74-5057, a public infrastructure improvement project must be determined by the secretary of commerce to be a project that will directly result in the creation of private sector jobs in Kansas basic enterprises. Eligible projects may include the construction, reconstruction, rehabilitation, alteration, expansion or improvement of public facilities that support Kansas basic enterprises including, but not limited to roads, streets, highways, storm drains, water supply treatment facilities and distribution lines, wastewater collection lines and any related improvements. The secretary of commerce shall review and analyze all applications for loans under this section and shall develop criteria for the review and analysis of loan applications under this section.
(c) Each loan agreement entered into under this section shall fix the terms of repayment and may provide for interest payable on the loan. Such interest, if any, may be at fixed or variable rates. Such terms of repayment shall be fixed to require equal annual repayments of principal and interest, if any, to the extent practicable over the term of the loan, which term shall be fixed for a period of not to exceed the anticipated life of the improvement project. All such agreements shall require the city or county to establish a dedicated source of revenue for repayment of the loans, and any interest thereon, as provided in K.S.A. 74-5057.
(d) The secretary of commerce may utilize the collection procedures provided in K.S.A. 75-6201 et seq., and amendments thereto, to collect delinquent loan payments by deducting the delinquent amount from payments from state agencies to the local governmental entity that is delinquent in its loan repayment.
(e) The secretary of commerce is authorized to adopt any rules and regulations the secretary deems necessary for the proper administration of K.S.A. 74-5055 through 74-5057.
(f) As used in K.S.A. 74-5055 through 74-5057:
(1) "Kansas basic enterprise" means an enterprise which:
(A) Is or proposes to be located or principally based in Kansas; and
(B) can provide demonstrable evidence that:
(i) It is or will be primarily engaged in any one or more of the Kansas basic industries; or
(ii) it is or will be primarily engaged in the development or production of goods or the provision of services for out-of-state sales; or
(iii) it is or will be primarily engaged in the production of goods or the provision of services which will attract out-of-state buyers or consumers into the state; or
(iv) it is or will be primarily engaged in the production of raw materials, ingredients or components for other enterprises which export the majority of their products from the state; or
(v) it is a national or regional enterprise which is primarily engaged in interstate commerce; or
(vi) it is or will be primarily engaged in the production of goods or the provision of services which will supplant goods or services which would be imported into the state; or
(vii) it is the corporate or regional headquarters of a multistate enterprise which is primarily engaged in out-of-state industrial activities.
(2) "Kansas basic industry" means:
(A) Agriculture;
(B) mining;
(C) manufacturing;
(D) interstate transportation;
(E) wholesale trade which is primarily engaged in multistate activity or which has a major import supplanting effect within the state;
(F) financial services which are primarily engaged in providing such services for interstate or international transactions;
(G) business services which are primarily engaged in providing such services in out-of-state markets;
(H) research and development of new products, processes or technologies; or
(I) tourism activities which are primarily engaged in for the purpose of attracting out-of-state tourists.
(3) "Primarily engaged" means engagement in an activity by an enterprise to the extent that not less than 51% of the gross income of the enterprise is derived from such engagement.
History: L. 1988, ch. 394, § 2; July 1.
(a) The dedicated source of revenue for repayment of infrastructure loans under K.S.A. 74-5056, and amendments thereto, and any interest thereon, may include service charges, benefit fees, special assessments, property taxes, grants and donations or any other source of revenue lawfully available to the city or county for such purpose. Any city or county which has entered into an infrastructure loan agreement under K.S.A. 74-5056, and amendments thereto, may finance all or part of the repayment obligations under such loan agreement by levying a tax annually on taxable tangible property for such purpose, which tax shall be in addition to all other levies authorized or limited by law.
(b) Any city or county which has entered into an infrastructure loan agreement pursuant to K.S.A. 74-5056, and amendments thereto, may pay the principal and interest on such loan from the fund or funds to which its dedicated sources of revenue are deposited, or may transfer such moneys to its bond and interest fund for payment of the loan, but any property taxes levied exclusively for such purposes shall be deposited in its bond and interest fund. Any property taxes levied exclusively for repayment of any infrastructure loan under K.S.A. 74-5056, and amendments thereto, and any interest thereon, shall be levied in the same manner as taxes are levied for the payment of general obligations of the city or county.
(c) The amount of any loans received by a city or county under the provisions of K.S.A. 74-5055 through 74-5057, and amendments thereto, shall not be included within any limitation on the bonded indebtedness of the city or county.
History: L. 1988, ch. 394, § 3; L. 1990, ch. 66, § 50; May 31.
This act shall be known and may be cited as the Kansas private activity bond allocation act.
History: L. 1988, ch. 303, § 1; April 7.
As used in this act:
(a) "Allocation" means the allocation of the state ceiling among governmental issuers as provided in this act.
(b) "Code" means the internal revenue code of 1986.
(c) "Governmental issuer" means the state and any instrumentality or political subdivision thereof which is authorized to issue private activity bonds.
(d) "Private activity bond" has the meaning ascribed thereto in the code.
(e) "Secretary" means the secretary of commerce.
(f) "State" means the state of Kansas.
(g) "State ceiling" means the ceiling applicable under the code to the aggregate face amount of qualified private activity bonds, the interest on which is exempt from federal income taxation, which may be issued within this state during any calendar year.
History: L. 1988, ch. 303, § 2; April 7.
(a) The secretary shall determine the state ceiling for each calendar year in accordance with the formula provided therefor in the code and, except as otherwise provided in K.S.A. 74-5063, and amendments thereto, shall allocate the state ceiling among governmental issuers in accordance with the provisions of this section.
(b) The secretary shall reserve until October 15 of each year: (1) An amount equal to $5,000,000 for allocation in accordance with the provisions of section 141(b)(5) of the code for private activity use of a portion of the proceeds of bonds issued by governmental issuers; (2) an amount equal to $5,000,000 for allocation for qualified student loan bonds as defined in section 144(b) of the code; and (3) an amount equal to $25,000,000 for allocation for qualified small issue bonds as defined in section 144(a) of the code. On and after October 15 of each year, any portion of the state ceiling remaining unused or uncommitted shall be available for allocation to governmental issuers by the secretary without regard to the reservations provided for in this subsection.
(c) Prior to any issuance of private activity bonds subject to the state ceiling, a governmental issuer shall submit to the secretary on a form prescribed by the secretary a written application for an allocation of the state ceiling for such issue.
(d) Subject to the provisions of subsection (b), the secretary shall approve each properly filed application for an allocation for qualified small issue bonds of $5,000,000 or less on the basis of the chronological order of receipt of applications. If an application is for an allocation in excess of $5,000,000, the secretary may approve the total amount, approve a partial amount or reject the application.
(e) Within five business days after receipt of an application for an allocation, the secretary shall notify the governmental issuer in writing that: (1) The application has been approved and shall specify the amount approved; (2) the application has been denied; or (3) the application has been placed on hold pending receipt of additional information with respect to the application or pending a review of the effect approval of the application will have on the state ceiling.
(f) Unless an extension or a carryforward election is approved by the secretary, an approved allocation, or any portion thereof, that is not utilized by the issuance of the private activity bonds for which the allocation was approved shall expire at the earliest of: (1) The time of 11:59 p.m. on the date which is 60 days after the date the notification of the approved allocation is mailed to the governmental issuer or on such other date as the secretary may specify in the notification; (2) the date upon which the approved allocation is voluntarily surrendered to the secretary by the governmental issuer; or (3) the time of 11:59 p.m. on December 1 of the calendar year in which the allocation was approved.
(g) A governmental issuer may request an extension of the expiration date of an approved allocation by filing a written application therefor with the secretary. Any such application must be received by the secretary not less than two days prior to the expiration date of the approved allocation. In such instances, the secretary may approve an extension for a period ending at the earliest of: (1) The time of 11:59 p.m. on the date which is 30 days after the initial expiration date; (2) the date upon which the approved allocation is voluntarily surrendered to the secretary by the governmental issuer; or (3) the time of 11:59 p.m. on December 1 of the calendar year in which the allocation was approved. The secretary shall notify the governmental issuer within five business days after receipt of the application if the request for extension has been approved or denied. If the private activity bonds for which an extension has been approved are not issued on or before the last day of the extension period approved by the secretary, the approved allocation shall expire unless a carryforward election is approved by the secretary.
(h) Notwithstanding any other provision of this section, if an approved allocation or an approved extension period expires on December 1, the secretary may grant an extension, or a further extension, for any period ending not later than the time of 11:59 p.m. on December 31 of the calendar year in which the allocation was approved.
(i) The secretary shall provide to the governmental issuer on or prior to the date of issuance of any private activity bonds for which an approved allocation has not expired a certification that such bonds meet the requirements of section 146 of the code.
(j) On or after December 16 of each calendar year, the secretary may approve a carryforward election with respect to an approved allocation or any approved extension if the governmental issuer, in writing: (1) Requests such action; and (2) indicates that the private activity bonds for which the allocation was approved cannot be issued during the calendar year in which the allocation was approved. Such approved carryforward election shall be made by the governmental issuer by means of a statement, signed by a duly authorized official of such issuer. Such statement shall be filed with the secretary and with the internal revenue service in accordance with section 146(f) of the code. A governmental issuer may elect to carryforward such issuing authority only for qualified mortgage bonds, mortgage credit certificates, qualified student loan bonds, qualified redevelopment bonds, as defined in sections 142, 143 and 144 of the code, or for bonds to finance a project described in section 141(e)(1)(A) of the code. In no event shall such carryforward be effective for a period longer than permitted by section 146(f) of the code.
(k) If an approved allocation expires, a governmental issuer may submit another application for an allocation of the state ceiling for the same purpose for which the expired allocation was approved. Any such applications shall be reviewed in order of receipt with no preference or priority being given as a result of the prior application and allocation.
(l) (1) For purposes of recovery of program oversight and administrative costs, the secretary may assess an administrative application fee of up to 1%, not to exceed $200,000, of the private activity bond issuance amount requested. The secretary may also recover any actual costs incurred by the secretary in excess of the fee. At the secretary's discretion, the fee, and any actual costs incurred by the secretary in excess of the fee, may be made payable by the governmental issuer or out of the bond proceeds or both. If assessed in whole or in part upon the governmental issuer, the governmental issuer may require payment of such amount or a portion thereof from the conduit borrower or borrowers if requiring such payment from the conduit borrower or borrowers is approved by the secretary. In no case shall the fee and any actual costs in excess of the fee assessed by the secretary exceed applicable limitations imposed by the code. The secretary may issue rules and regulations to implement the provisions of this subsection.
(2) The secretary shall remit all moneys received by or for the secretary from such administrative application fees, and any actual costs incurred by the secretary in excess of the fee, and collected under this subsection to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the private activity bond administration fee fund, which is hereby established in the state treasury. All expenditures from the private activity bond administration fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.
History: L. 1988, ch. 303, § 3; L. 1990, ch. 285, § 1; L. 1996, ch. 205, § 13; L. 2016, ch. 109, § 3; July 1.
(a) All governmental issuers are hereby required to report the amount of all private activity bonds issued pursuant to an approved allocation under this act to the secretary by telephone no later than the second business day after the date of issuance of such bonds. Such reports shall be confirmed in writing by overnight delivery service approved by the secretary, or by certified mail, return receipt requested, postmarked not later than five calendar days after the issuance of such bonds. The written reports required by this subsection shall be on forms prescribed by the secretary.
(b) Failure by a governmental issuer to report in accordance with the provisions of subsection (a), or otherwise to abide by the terms of this act, may result in the forfeiture of future allocations for private activity bonds.
History: L. 1988, ch. 303, § 4; April 7.
The secretary, from time to time, shall review and evaluate the use of and demand for allocations of the state ceiling for issuance of private activity bonds and may utilize an advisory committee to assist in the determination of such allocations. If it appears to the secretary that the allocation of the state ceiling pursuant to the provisions of this act should be revised, the secretary shall recommend to the governor and the legislature an alternative method for allocation of the state ceiling.
History: L. 1988, ch. 303, § 5; April 7.
(a) The secretary shall determine the state ceiling for calendar year 1990 in accordance with the formula provided therefor in the code and shall allocate the state ceiling among governmental issuers in accordance with the provisions of this section.
(b) The secretary shall reserve until June 1 (1) an amount equal to $5,000,000 for allocation in accordance with the provisions of section 141(b)(5) of the code for private activity use of a portion of the proceeds of bonds issued by governmental issuers, (2) an amount equal to $5,000,000 for allocation for qualified student loan bonds as defined in section 144(b) of the code, and (3) an amount equal to $25,000,000 for allocation for qualified small issue bonds as defined in section 144(a) of the code. On and after June 1, any portion of the state ceiling remaining unused or uncommitted shall be available for allocation to governmental issuers by the secretary without regard to the reservations provided for in this subsection.
(c) Prior to any issuance of private activity bonds subject to the state ceiling, a governmental issuer shall submit to the secretary on a form prescribed by the secretary a written application for an allocation of the state ceiling for such issue.
(d) Subject to the provisions of subsection (b), the secretary shall approve each properly filed application for an allocation for qualified small issue bonds of $5,000,000 or less on the basis of the chronological order of receipt of applications. If an application is for an allocation in excess of $5,000,000, the secretary may approve the total amount, approve a partial amount or reject the application.
(e) Within five business days after receipt of an application for an allocation, the secretary shall notify the governmental issuer in writing that (1) the application has been approved and shall specify the amount approved, or (2) the application has been denied, or (3) the application has been placed on hold pending receipt of additional information with respect to the application or pending a review of the effect approval of the application will have on the state ceiling.
(f) Unless an extension or a carryforward election is approved by the secretary, an approved allocation, or any portion thereof, that is not utilized by the issuance of the private activity bonds for which the allocation was approved shall expire at the earliest of (1) the time of 11:59 p.m. on the date which is 60 days after the date the notification of the approved allocation is mailed to the governmental issuer or on such other date as the secretary may specify in the notification, or (2) the date upon which the approved allocation is voluntarily surrendered to the secretary by the governmental issuer.
(g) A governmental issuer may request an extension of the expiration date of an approved allocation by filing a written application therefor with the secretary. Any such application must be received by the secretary not less than two days prior to the expiration date of the approved allocation. In such instances, the secretary may approve an extension for a period ending at the earliest of (1) the time of 11:59 p.m. on the date which is 30 days after the initial expiration date, or (2) the date upon which the approved allocation is voluntarily surrendered to the secretary by the governmental issuer. The secretary shall notify the governmental issuer within five business days after receipt of the application if the request for extension has been approved or denied. If the private activity bonds for which an extension has been approved are not issued on or before the last day of the extension period approved by the secretary, the approved allocation shall expire unless a carryforward election is approved by the secretary.
(h) Notwithstanding any other provision of this act, if an approved allocation or an approved extension period expires, the secretary may grant an extension, or a further extension, for any period ending not later than the time of 11:59 p.m. on December 31.
(i) The secretary shall provide to the governmental issuer on or prior to the date of issuance of any private activity bonds for which an approved allocation has not expired a certification that such bonds meet the requirements of section 146 of the code.
(j) The secretary may approve a carryforward election with respect to an approved allocation or any approved extension if the governmental issuer, in writing (1) requests such action, and (2) indicates that the private activity bonds for which the allocation was approved cannot be issued during calendar year 1990. Such approved carryforward election shall be made by the governmental issuer by means of a statement, signed by a duly authorized official of such issuer. Such statement shall be filed with the secretary and with the internal revenue service in accordance with section 146(f) of the code. A governmental issuer may elect to carryforward such issuing authority only for qualified mortgage bonds, mortgage credit certificates, qualified student loan bonds, qualified redevelopment bonds, as defined in sections 142, 143 and 144 of the code, or for bonds to finance a project described in section 141(e)(1)(A) of the code. In no event shall such carryforward be effective for a period longer than permitted by section 146(f) of the code.
(k) If an approved allocation expires, a governmental issuer may submit another application for an allocation of the state ceiling for the same purpose for which the expired allocation was approved. Any such applications shall be reviewed in order of receipt with no preference or priority being given as a result of the prior application and allocation.
History: L. 1990, ch. 285, § 2; April 19.
As used in this act:
(a) "Kansas industrial training program" or "KIT program" means a program under which the secretary provides for training, customized to meet the specifications of a new or expanding industry, of new employees or prospective employees, or both, of the industry.
(b) "Kansas industrial retraining program" or "KIR program" means a program under which the secretary provides for retraining, customized to meet the specifications of a restructuring industry, of employees of the industry.
(c) "New or expanding industry" means an industry which is locating or is newly located in Kansas or an existing industry which is located in Kansas and is expanding its work force.
(d) "Training" means training of employees or preemployment training of prospective employees for jobs newly created by a new or expanding industry.
(e) "Restructuring industry" means an existing industry which is located in Kansas and is restructuring its operations through incorporation of existing technology, development and incorporation of new technology, diversification of production or development and implementation of new production.
(f) "Retraining" means retraining of employees of a restructuring industry who are likely to be displaced because of obsolete or inadequate job skills and knowledge.
(g) "Job training agency" means any public or private educational or job training institution and any other public or private entity which is qualified to provide the training or retraining required under the KIT and KIR programs, including apprenticeship programs that are registered through the Kansas apprenticeship council and recognized by the United States department of labor, bureau of apprenticeship training.
(h) "Secretary" means the secretary of commerce [and housing].
(i) "Agricultural land," "corporation," "corporate partnership," "limited liability company," "limited partnership," "swine production facility" and "trust" have the meanings ascribed pursuant to K.S.A. 17-5903, and amendments thereto.
History: L. 1988, ch. 323, § 1; L. 1998, ch. 143, § 40; L. 1999, ch. 78, § 1; July 1.
(a) The secretary shall administer the KIT program and the KIR program and shall:
(1) Consider proposals from industries and job training agencies for training or retraining services under the programs;
(2) publicize the programs and the procedures for making and submitting proposals for participation therein;
(3) establish standards and criteria for consideration of proposals and for assigning priorities among industries making proposals;
(4) ensure the provision of adequate fiscal and accounting controls under the programs;
(5) allocate and distribute funds made available for administration of the programs;
(6) evaluate the programs each year and make a report on the performance and cost effectiveness thereof as a part of the annual report required by K.S.A. 74-5049, and amendments thereto; and
(7) adopt rules and regulations necessary for administration of the programs.
(b) Contractual agreements may be entered into by the secretary with any industry or job training agency for participation in the programs and such agreements may be in the form of fixed-fee performance contracts. Training services under the KIT program may be provided at no cost to the industry or on a shared-cost basis with the industry as determined through negotiation between the secretary and the industry. Retraining services under the KIR program shall be provided on a shared cost basis. All expenditures for the payment of costs under the KIT and KIR programs shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary. Notwithstanding any provision of law to the contrary, contractual agreements entered into under the KIT program or the KIR program shall not be subject to competitive bidding procedures of K.S.A. 75-3739 and amendments thereto.
(c) Within the limitation of funds available for the KIT and KIR programs and to the extent practicable, the secretary shall make participation in the programs available to all industries which submit proposals to participate therein, if consistent with program goals and objectives and the allocation of resources for the programs. Goals and objectives for the KIT and KIR programs shall include appropriate priorities for basic industries.
(d) The secretary shall not use any funds in the KIT program or KIR program for the training or retraining of employees who are employed by a swine production facility on agricultural land which is owned, acquired, obtained or leased by a corporation, limited liability company, limited partnership, corporate partnership or trust.
History: L. 1988, ch. 323, § 2; L. 1996, ch. 205, § 1; L. 1998, ch. 143, § 41; May 7.
(a) Any job training agency may make and submit to the secretary proposals for participation in the KIT and KIR programs and may enter into contractual agreements with the secretary for the provision of training or retraining services under such programs.
(b) Contractual agreements shall be entered into with job training agencies only if the agencies can demonstrate a satisfactory record of performance in placement in and retention of employment by former trainees and that training provided by the agencies prepares trainees in a manner satisfactory to employers.
(c) Training and retraining services provided by job training agencies under the KIT and KIR programs are not subject to approval procedures or performance standards required under state law for regular training and retraining programs operated by such agencies. Service delivery area restrictions imposed upon the operation of regular training or retraining programs by job training agencies do not apply to training and retraining services provided by such agencies under the KIT and KIR programs. The secretary may prescribe appropriate performance criteria and qualifications and other standards for job training agencies under the KIT program or the KIR program, or both, for purposes of this act.
History: L. 1988, ch. 323, § 3; July 1.
The state board of education, the state board of regents and the secretary of labor shall cooperate with and assist the secretary in publicizing the KIT and KIR programs, in designing the programs to meet the specific and individualized needs of industry and by offering such technical advice as the secretary may request.
History: L. 1988, ch. 323, § 4; L. 2004, ch. 179, § 103; July 1.
This act shall be known and may be cited as the Kansas export finance act.
History: L. 1989, ch. 251, § 1; July 1.
As used in this act:
(a) "Kansas export transaction" means a transaction for the export of products substantially manufactured or processed within Kansas or services which result in additional employment within Kansas from Kansas to a destination outside the 50 states of the United States of America;
(b) "preexport" means the period of time between the formation of a Kansas export transaction and the actual shipment of the products or performance of the services; and
(c) "postexport" means the period of time between a shipment of products or performance of services for a Kansas export transaction and the receipt of final payment therefor.
History: L. 1989, ch. 251, § 2; July 1.
(a) Subject to the provisions of appropriations acts, the secretary of commerce is hereby authorized to enter into agreements with Kansas exporters and financial institutions, and with other public or private entities including agencies of the United States government or foreign governments, to provide insurance, coinsurance, reinsurance and guarantees against commercial preexport and postexport credit risks for Kansas export transactions in accordance with this act. In addition, the secretary of commerce is hereby authorized to enter into such memorandums of understanding with the small business administration as may be necessary in the administration of the provisions of this act.
(b) The secretary of commerce shall administer the provisions of this act and may adopt rules and regulations which are deemed necessary by the secretary for such administration.
History: L. 1989, ch. 251, § 3; July 1.
(a) Each agreement entered into by the secretary of commerce [and housing]to guarantee against commercial preexport and postexport commercial credit risks for a Kansas export transaction shall be backed by moneys credited to the Kansas export loan guarantee fund and shall receive prior approval by the Kansas export loan guarantee review committee. No agreement shall be executed guaranteeing any amount for a Kansas export transaction which together with all other such agreements in effect would guarantee an aggregate amount exceeding 400% of the moneys in the Kansas export loan guarantee fund on the date such agreement would otherwise become effective. No such agreement shall provide a guarantee for more than 90% of the loan financing of the Kansas export transaction, including the principal and any interest thereon, or shall cover the loan financing in an amount exceeding 50% of the balance in the Kansas export loan guarantee fund on the date such guarantee is approved, including the principal and any interest thereon, for any individual Kansas export transaction. The remaining credit risk for any such loan financing may be covered by a financial institution providing the loan or by other appropriate entities.
(b) No guarantee may be provided under this section for a period of more than one calendar year. No guarantee may be provided under this section for a Kansas export transaction unless the loan financing therefor is provided entirely by one or more Kansas financial institutions, except that the loan financing or any part thereof may be provided by other financial institutions upon a finding by the Kansas export loan guarantee review committee that funding by one or more Kansas financial institutions cannot reasonably be obtained. Priority shall be accorded for guarantees of Kansas export transactions of companies which have not previously engaged in exporting activities or companies which intend to substantially expand exporting activities.
(c) The secretary of commerce [and housing] shall charge and collect a Kansas export loan financing guarantee application fee in an amount not less than $100 in addition to a fee in an amount equal to
½ of 1% per annum of the amount guaranteed for each guarantee provided under this section.
History: L. 1989, ch. 251, § 4; L. 1994, ch. 123, § 1; July 1.
(a) There is hereby established the Kansas export loan guarantee review committee within the department of commerce. The committee shall consist of five members all of whom have appropriate experience and expertise in areas of commercial finance. At least two members shall have experience in commercial finance from the perspective of a borrower and at least two members shall have experience and expertise in international finance. The members of the committee shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed to the committee shall exercise any power, duty or function as a member of the committee until confirmed by the senate. Except as provided by subsection (b), members shall serve until a successor is appointed and confirmed. Not more than three members of the committee shall be of the same political party.
(b) The terms of members who are serving on the committee on the effective date of this act shall expire on January 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(c) The committee shall review all proposals for Kansas export loan financing guarantees under K.S.A. 74-5072, and amendments thereto and shall approve those proposals that the committee deems to represent reasonable risks and to have a sufficient likelihood of repayment. The committee shall advise the secretary of commerce on matters under this act when requested by the secretary and may provide such advice when deemed appropriate by the committee. The committee shall submit an annual report of its activities as a part of the department's annual report pursuant to K.S.A. 74-5049, and amendments thereto.
(d) The secretary of commerce shall serve as a nonvoting chairperson of the committee, and the committee shall annually elect a vice-chairperson from among its members. The committee shall meet upon call of the chairperson or upon call of any two of its members. Three voting members shall constitute a quorum for the transaction of business.
(e) Members of the Kansas export loan guarantee review committee attending meetings of the committee, or attending a subcommittee meeting thereof authorized by the committee, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: L. 1989, ch. 251, § 5; L. 1994, ch. 123, § 2; L. 1995, ch. 241, § 14; L. 1996, ch. 205, § 6; L. 2003, ch. 154, § 33; July 1.
(a) There is hereby established the Kansas export loan guarantee fund in the state treasury. The Kansas export loan guarantee fund shall be administered by the secretary of commerce. All moneys in the Kansas export loan guarantee fund shall be used to provide guarantees against commercial preexport and postexport credit risks in accordance with this act.
(b) All moneys received for Kansas export loan financing guarantee fees under K.S.A. 74-5072, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas export loan guarantee fund.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas export loan guarantee fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas export loan guarantee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 1989, ch. 251, § 6; L. 1992, ch. 272, § 9; L. 1996, ch. 253, § 23; L. 2001, ch. 5, § 324; L. 2003, ch. 154, § 34; July 1.
Revisor's Note: Later act, see 74-50,141 et seq.
History: L. 1989, ch. 254, §§ 1 to 5; Expired, July 1, 1991.
The secretary shall prepare and submit, as a part of the annual report required by K.S.A. 74-5049, and amendments thereto, a report of activities under the trade show promotion act to the standing committee on commerce of the senate and the standing committee on economic development of the house of representatives at the beginning of each regular session of the legislature. The report shall contain information concerning the types of Kansas small business concerns receiving financial assistance for participation in trade shows and the results obtained from such participation.
History: L. 1989, ch. 254, § 6; L. 1993, ch. 136, § 8; L. 1996, ch. 205, § 7; July 1.
History: L. 1989, ch. 254, § 7; Expired, July 1, 1991.
Revisor's Note: Section transferred to 74-8957.
History: L. 1990, ch. 327, § 5; Repealed, L. 2003, ch. 154, § 104; July 1.
Revisor's Note: Section transferred to 74-8958.
History: L. 1990, ch. 327, § 1; Repealed, L. 2003, ch. 154, § 104; July 1.
History: L. 1990, ch. 327, § 4; L. 1991, ch. 148, § 9; Expires, March 31, 1992.
Revisor's Note: Section transferred to 74-8959.
History: L. 1990, ch. 319, § 10; Repealed, L. 1996, ch. 38, § 2; July 1.
History: L. 1990, ch. 319, § 11; Repealed, L. 1996, ch. 38, § 2; July 1.
Revisor's Note: Section transferred to 32-1420.
Revisor's Note: Section transferred to 32-1421.
Revisor's Note: Section transferred to 32-1422.
This act shall be known and may be cited as the community strategic planning assistance act.
History: L. 1990, ch. 298, § 1; July 1.
As used in this act:
(a) "Blighted area" has the meaning ascribed to it in K.S.A. 12-1770a, and amendments thereto;
(b) "committee" means the community strategic planning grant committee established by K.S.A. 74-5095 and amendments thereto;
(c) "metropolitan county" means the county of Douglas, Johnson, Leavenworth, Sedgwick, Shawnee or Wyandotte;
(d) "neighborhood revitalization organization" means any group organized for the purpose of encouraging economic development in a blighted area of a metropolitan county; and
(e) "nonmetropolitan county" means any county which is not a metropolitan county.
History: L. 1990, ch. 298, § 2; L. 1994, ch. 266, § 1; L. 2001, ch. 103, § 15; April 26.
The purposes of the community strategic planning assistance act are to:
(a) Build and enhance economic development capacity at the local and regional levels;
(b) develop and sustain long-term commitments for local development efforts;
(c) encourage broad-based local and multi-county development strategies that build on local strengths and to complement and reinforce statewide economic development strategy;
(d) improve the ability of local communities to effectively use economic data and analysis in the strategic planning process for economic development;
(e) maximize state investments in economic development through more efficient implementation of limited resources;
(f) provide recognition for successful communities and to motivate other communities; and
(g) encourage local initiatives to revitalize blighted areas in metropolitan counties.
History: L. 1990, ch. 298, § 3; L. 1994, ch. 266, § 2; July 1.
(a) There is hereby established the community strategic planning grant committee which is composed of the following:
(1) The secretary of commerce, who shall act as chairperson;
(2) the director of the national institute for rural development or the director's designee;
(3) one member from the Kansas association of counties;
(4) one member from the Kansas league of municipalities;
(5) one member from the Kansas industrial developers association who is also from a metropolitan county; and
(6) one member with extensive knowledge of urban revitalization or public finance or both who shall be appointed by the secretary of commerce.
(b) Members designated in subsections (a)(3), (4) and (5) shall be appointed by the secretary of commerce in consultation with the respective associations named therein.
(c) The committee is hereby attached to the department of commerce as a part thereof. All budgeting, purchasing and related management functions of the committee shall be administered by the secretary of commerce. The secretary of commerce shall provide office and meeting space and such clerical and other staff assistance as may be necessary to assist the committee in carrying out its powers, duties and functions under this act.
(d) Members of the committee attending meetings of the committee, or attending a subcommittee meeting thereof authorized by the committee, may be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: L. 1990, ch. 298, § 4; L. 1994, ch. 266, § 3; L. 2003, ch. 154, § 40; L. 2012, ch. 65, § 7; July 1.
The department of commerce shall administer the provisions of this act to provide:
(a) Grants to city-county economic development organizations, located in nonmetropolitan counties, for the development and implementation of county-wide economic development strategy plans.
(b) Grants to neighborhood revitalization organizations, located in metropolitan counties, for the development and implementation of urban revitalization strategy plans.
History: L. 1990, ch. 298, § 5; L. 1994, ch. 266, § 4; L. 2003, ch. 154, § 41; July 1.
(a) Subject to the provisions of appropriations acts and in accordance with the provisions of this act, the department of commerce may provide planning grants and action grants to city-county economic development organizations located in nonmetropolitan counties, for the development and implementation of countywide economic development strategy plans or to neighborhood revitalization organizations, in metropolitan counties, for the planning and implementation of urban economic development plans.
(b) The committee shall establish grant eligibility criteria for applicants in both metropolitan and nonmetropolitan counties, and shall administer the competitive selection process for the awarding of planning grants and action grants. The committee shall submit its recommendations for grant awards to the secretary of commerce for final determination and award.
(1) Grant applicants from nonmetropolitan counties shall be subject to the following conditions. Planning grants shall be for the development of countywide economic development strategy plans. No planning grant shall exceed $15,000 for any single county economic development plan. An additional award for an amount not to exceed $5,000 may be granted for each additional county participating in the development of a joint multi-county strategic economic development plan, except that under no circumstances shall the total planning grant exceed $35,000. Any city-county economic development organization receiving a planning grant shall be required to provide additional funds equaling 25% of the amount of the planning grant. Action grants shall be for the implementation of countywide economic development strategy plans. Total action grants shall not exceed $25,000 for any single county action grant application. An additional award for an amount not to exceed $10,000 may be granted for each additional county participating in a joint multi-county action grant implementation effort, except that under no circumstances shall the action grant totals exceed $65,000. Any city-county economic development organization receiving a grant shall be required to provide additional funds equaling 100% of the amount of the action grant. Not more than one planning grant may be awarded to any one county or combination of counties.
(2) Neighborhood revitalization organizations from metropolitan counties shall be subject to the following conditions. Prior to applying to the committee, the neighborhood revitalization organization must submit its application to a local economic development organization designated by the county commission of the county in which the organization is located. The local economic development organization shall review the application and determine whether the application should be funded on the basis of local needs and priorities. If the application is approved by the local economic development organization and endorsed by resolution by the county commission and the governing body of the city in which the blighted area is located, the application shall be forwarded to the committee for further consideration. Planning grants shall be for the development of urban economic development strategy plans. No planning grant shall exceed $15,000 for any single urban economic development plan. Any neighborhood revitalization organization receiving a planning grant shall be required to provide additional funds equaling 25% of the amount of the planning grant. Action grants shall be for the implementation of urban economic development strategy plans. Total action grants shall not exceed $25,000 for any single urban action grant application. Any neighborhood revitalization organization receiving a grant shall be required to provide additional funds equaling 100% of the amount of the action grant. Not more than one planning grant may be awarded to any one neighborhood revitalization organization.
(3) No funds shall be granted under this act to applicants from metropolitan counties unless such funds are specifically appropriated for that purpose.
(4) The secretary of commerce may authorize a recipient of a planning grant, who has unexpended funds from such planning grant, to apply such funds to the implementation of the recipient's approved strategic economic development plan. Any unexpended planning grant funds applied to the implementation of such strategic economic development plan shall require the appropriate 100% match. Application of the unexpended planning grant funds to the implementation of the strategic economic development plan may result in the reduction of any subsequent action grant awarded to the recipient.
(c) The secretary of commerce may enter into an agreement with economic development service providers to provide reimbursement to such providers for expenses incurred in strategic planning activities which do not relate to the facilitation of a specific strategic plan. Such activities may include, but are not limited to, preapplication consulting and maintenance of economic development data bases. Such expenses shall be paid on a per project basis and must be preapproved by the secretary.
(d) Each city-county economic development organization or neighborhood revitalization organization which has received a planning grant beginning on and after July 1, 1990, shall assess the effectiveness of the strategic planning process under this program and the local preparedness in engaging in such process. Such assessment shall be submitted to the Kansas department of commerce within three months after completion of a strategic plan. The status report developed pursuant to subsection (f) shall include a summary of all strategic plan assessments received for a twelve-month period prior to the submittal of the report to the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives. However, the summary may not include assessments submitted within 30 days of the submittal of the department's report. Any such assessments shall be included in a subsequent annual report.
(e) Each city-county economic development organization or neighborhood revitalization organization which has received an action grant beginning on and after July 1, 1990, shall assess the extent to which goals identified in its action plan application have been met. Such assessment shall rely on quantifiable criteria to the greatest possible degree. Such assessment shall be submitted to the Kansas department of commerce within three months after intended actions identified for implementation in the action grant application have been undertaken. The status report developed pursuant to subsection (f) shall include a summary of all action plan assessments received for a twelve-month period prior to the submittal of the report to the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives. However, the summary may not include assessments submitted within 30 days of the submittal of the department's report. Any such assessments shall be included in a subsequent annual report.
(f) As a part of the annual report required pursuant to K.S.A. 74-5049, and amendments thereto, the Kansas department of commerce shall present a status report of activities including, but not limited to, specifics of community strengths and weaknesses and planning issues and strategies under the provisions of this act to the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives.
History: L. 1990, ch. 298, § 6; L. 1993, ch. 183, § 1; L. 1994, ch. 266, § 5; L. 1996, ch. 205, § 8; L. 2003, ch. 154, § 42; L. 2013, ch. 134, § 9; July 1.
City-county economic development organizations or neighborhood revitalization organizations may use planning grant proceeds for the acquisition of technical assistance for strategy development activities, identification of specific projects, and other related services from educational institutions or other economic development service providers. City-county economic development organizations or neighborhood economic development organizations can use action grants for hiring of technical assistance, implementation, evaluation and reassessment of strategies, purchasing of equipment and other services, and economic development activities undertaken by public-private partnerships as authorized for cities and for counties pursuant to law. Action grants shall not be used for the purchase or lease of land or the purchase, lease or construction of buildings or payment of salaries and benefits for permanent employees of any public or quasi-public agency.
History: L. 1990, ch. 298, § 7; L. 1993, ch. 183, § 2; L. 1994, ch. 266, § 6; July 1.
Any two or more such city-county economic development organizations, located in nonmetropolitan counties, may jointly and cooperatively undertake the development and implementation of an economic development strategies plan for such multi-county region.
History: L. 1990, ch. 298, § 8; July 1.
(a) No planning grants shall be awarded to applicants from nonmetropolitan counties under this act on or after July 1, 1995. No planning grants shall be awarded to metropolitan counties under this act on or after July 1, 1997.
(b) No action grants shall be awarded to applicants from nonmetropolitan counties under this act on or after July 1, 1997. No action grants shall be awarded to applicants from metropolitan counties under this act on or after July 1, 1998.
History: L. 1990, ch. 298, § 9; L. 1993, ch. 183, § 3; L. 1994, ch. 266, § 7; L. 1996, ch. 163, § 3; July 1.
Two years after the last grant is awarded to an applicant from a nonmetropolitan county and, again, two years after the last grant is awarded to an applicant from a metropolitan county under this act, the secretary of commerce shall evaluate each economic development strategic plan developed and determine the degree that such plan has been implemented and report such evaluations and determinations to the governor and the legislature.
History: L. 1990, ch. 298, § 10; L. 1994, ch. 266, § 8; L. 2012, ch. 65, § 8; July 1.
The provisions of K.S.A. 74-50,102 through 74-50,112 and amendments thereto shall be known and may be cited as the Kansas investments in major projects and comprehensive training or IMPACT act.
History: L. 1991, ch. 284, § 1; L. 1996, ch. 206, § 1; July 1.
As used in the IMPACT act unless the context clearly requires otherwise:
(a) "Act" means the Kansas investments in major projects and comprehensive training act.
(b) "Agreement" means the agreement among an employer, an educational institution and the secretary of commerce concerning a SKILL project or a combined SKILL project and major project investment and the agreement between an employer and the secretary of commerce concerning a major project investment.
(c) "Bond" means a public purpose bond issued for IMPACT projects by the Kansas development finance authority.
(d) "Date of commencement of the project" means the date of the agreement.
(e) "Educational institution" means a community college, as defined by K.S.A. 71-701, and amendments thereto, an area vocational school or area vocational-technical school, as defined by K.S.A. 74-32,407, and amendments thereto, a university, as defined by K.S.A. 13-13a40, and amendments thereto, a state educational institution, as defined by K.S.A. 76-711, and amendments thereto, or a technical college as established by K.S.A. 72-4468 [*], and amendments thereto.
(f) "Employee" means a person employed in a new or retained job.
(g) "Employer" means a Kansas basic enterprise providing new jobs or retaining existing jobs in conjunction with a project.
(h) "IMPACT program" or "program" means the major project investments and SKILL projects undertaken by the department of commerce in accordance with the provisions of this act for a new or expanding Kansas basic enterprise.
(i) "IMPACT project" or "project" means a SKILL project, major project investment or a combination of the two.
(j) "Kansas basic enterprise" means any enterprise:
(1) Which is located or principally based in Kansas; and
(2) which can provide demonstrable evidence that:
(A) It is primarily engaged in any one or more of the Kansas basic industries; or
(B) it is primarily engaged in the development or production of goods or the provision of services for out-of-state sale; or
(C) it is primarily engaged in the production of goods or the provision of services which will attract out-of-state buyers or consumers into the state; or
(D) it is primarily engaged in the production of raw materials, ingredients, or components for other enterprises which export the majority of their products from the state; or
(E) it is a national or regional enterprise which is primarily engaged in interstate commerce or an affiliated management company of such an enterprise; or
(F) it is primarily engaged in the production of goods or the provision of services which will supplant goods or services which would be imported into the state; or
(G) it is the corporate or regional headquarters of a multistate enterprise which is primarily engaged in out-of-state industrial activities.
(k) "Kansas basic industry" means:
(1) Agriculture;
(2) mining;
(3) manufacturing;
(4) interstate transportation;
(5) wholesale trade which is primarily multistate in activity or which has a major import supplanting effect within the state;
(6) financial services which are provided primarily for interstate or international transactions;
(7) business services which are provided primarily in out-of-state markets;
(8) research and development of new products, processes, or technologies; or
(9) tourism activities which are primarily engaged in for the purpose of attracting out-of-state tourists.
(l) "Major project investment" or "investment" means financial assistance to an employer to defray business costs including, but not limited to, relocation expenses, building and equipment purchases, labor recruitment and job retention.
(m) "New job" means a job in a new or expanding Kansas basic enterprise not including jobs of recalled workers, or existing jobs that are vacant or other jobs that formerly existed in the Kansas basic enterprise in Kansas.
(n) "Primarily engaged" means engagement in an activity by an enterprise to the extent that not less than 51% of the gross income of the enterprise is derived from such engagement.
(o) "Program costs" means all necessary and incidental costs of providing program services, except that program costs shall not include: (1) Any costs for purchase or lease of training equipment that exceed 50% of total program costs for the project, (2) any costs for administrative expenses that exceed 10% of total program costs for the project, and (3) any costs for direct investments in education and related workforce development institutions, for improvements to workforce development, human capital, training expertise and infrastructure that exceed 10% of total program costs.
(p) "Program services" means:
(1) New jobs training, including training development costs, except that the actual training period for any new job shall not exceed 36 months from the date the job is first filled by an employee;
(2) adult basic education and job-related instruction;
(3) vocational and skill-assessment services and testing;
(4) training equipment for education institutions;
(5) material and supplies;
(6) administrative expenses of educational institutions for new jobs training programs;
(7) subcontracted services with other educational institutions, private colleges or universities or other federal, state or local agencies;
(8) contracted or professional service;
(9) major project investments;
(10) direct investments in educational and related workforce development institutions, for improvements to workforce development, human capital, training expertise and infrastructure;
(11) independent evaluation of the effectiveness of economic development incentives, including analysis of the return on investment at both the state and local levels, as determined necessary by the secretary of commerce after consultation with the secretary of revenue; and
(12) economic impact and economic incentive program analysis and related services as determined necessary by the secretary of commerce.
(q) "Retained job" means an existing job which will be lost without participation by the employer under the provisions of the IMPACT program.
(r) "Secretary" means the secretary of commerce.
(s) "SKILL project" means a training arrangement which is the subject of an agreement entered into between the educational institution and an employer to provide program services.
History: L. 1991, ch. 284, § 2; L. 1996, ch. 206, § 2; L. 2000, ch. 157, § 2; L. 2003, ch. 154, § 43; L. 2004, ch. 112, § 66; L. 2009, ch. 50, § 1; L. 2010, ch. 144, § 7; July 1.
(a) The secretary shall administer the provisions of this act and the IMPACT program established thereunder. The secretary shall encourage Kansas basic enterprises with similar training needs to cooperate in establishing SKILL projects. The secretary shall coordinate the SKILL program with other job training programs administered by the department of commerce. The secretary shall provide opportunities for coordination and cooperation of SKILL projects with other job training activities in Kansas. Subject to the limitation in K.S.A. 74-50,103, and amendments thereto, the secretary shall be authorized to make direct investments in educational and related workforce development institutions, for the purpose of promoting improvements in workforce development, human capital, training expertise, infrastructure and job retention.
(b) The secretary shall adopt rules and regulations as follows: (1) Prescribing review standards and priorities for approval of proposed agreements under this act, including appropriate incentives for cooperation among projects, in order to maximize the number of new jobs created or retained with respect to individual Kansas basic enterprises, which will remain in Kansas, and (2) prescribing limits on program costs and on project and program size in relation to the number of new jobs created and wages of new or retained jobs. No agreement shall be approved which provides for program costs of a project under the agreement of more than 95% of the amount equal to the estimated rate of withholding tax applied to the estimated amount of gross wages of all the new or retained jobs under the project over a ten-year period, except that this provision shall not apply to any project funded from the job creation program fund.
(c) Notice of the approval of a project or program and an annual report of the number of jobs created or retained under the IMPACT act shall be provided to the chairpersons of the senate committee on commerce and the committee on economic development of the house of representatives.
(d) The secretary may adopt such other rules and regulations as may be required for the implementation and administration of this act.
History: L. 1991, ch. 284, § 3; L. 1996, ch. 206, § 3; L. 2000, ch. 157, § 3; L. 2003, ch. 154, § 44; L. 2004, ch. 112, § 67; L. 2005, ch. 134, § 7; L. 2011, ch. 116, § 5; July 1.
(a) Subject to the approval of the secretary of commerce, an educational institution may enter into an agreement to establish a project and provide program services to an employer. As soon as possible after initial contact between an educational institution and an employer regarding the possibility of entering into an agreement, the educational institution shall inform the secretary of commerce about the potential project. The secretary is also authorized to enter directly into agreements with employers for benefits under this act. If an agreement is entered into, the secretary, the educational institution or the employer shall notify the secretary of revenue within 15 calendar days.
(b) Among other provisions, an agreement shall include:
(1) Provisions regarding payment of program costs, including deferred costs, which may be paid from one or a combination of the following sources:
(A) The IMPACT program services fund;
(B) tuition, student fees, or special charges fixed by the educational institution to defray program costs in whole or in part; and
(C) grants or donations available from federal agencies or other public or private sources;
(2) a provision requiring each Kansas basic enterprise under the agreement to submit information to the secretary of commerce regarding the numbers of new or retained jobs and the wages and withholding taxes paid therefor;
(3) a provision which fixes any tuition and fee payments which shall be paid for program costs; and
(4) a provision which fixes an amount that shall be paid by an employer if an agreement is terminated or any provision of the agreement is breached by the employer prior to satisfaction of all of the employer's obligations under the agreement and which prescribes that any such payment shall be deposited in the state treasury to the credit of the IMPACT program services fund.
(c) Any payment required to be made by an employer shall be a lien upon the employer's business property until paid and has equal precedence with ordinary taxes and shall not be divested by a judicial sale. Property subject to the lien may be sold for sums due and delinquent at a tax sale, with the same forfeitures, penalties and consequences as for the nonpayment of ordinary taxes. The purchasers at tax sale obtain the property subject to the remaining payments.
(d) The payment of program costs incurred under any agreement shall not be deferred for a period longer than 10 years from the date of the commencement of the project.
History: L. 1991, ch. 284, § 4; L. 1996, ch. 206, § 4; L. 2003, ch. 154, § 45; L. 2005, ch. 134, § 8; July 1.
(a) The secretary of commerce shall review applications for proposed agreements submitted by employers in accordance with the standards and guidelines prescribed by this act and by rules and regulations adopted under K.S.A. 74-50,104, and amendments thereto. Each application for approval of a proposed agreement shall be accompanied by information about the number and wages of the new or retained jobs created by the employer, documentation of existing training activities of the employer and such other information as may be required by the secretary of commerce.
(b) The secretary of commerce may pool the funding requirements of projects which are the subject of proposed agreements to determine the funding requirements of the IMPACT projects under consideration to facilitate the issuance of bonds by the Kansas development finance authority.
(c) The secretary of commerce is hereby authorized to expend funds raised pursuant to this act on major project investments. The secretary shall adopt guidelines consistent with this act concerning firm eligibility for major project investments and shall otherwise administer the major project investment portion of the IMPACT act.
(d) In order for an employer to be eligible for a major project investment, the employer must:
(1) Annually make an investment in training and education of the employer's employees that exceeds 2% of the employer's total annual payroll costs; or
(2) agree that a portion of any funds available under the agreement be spent directly on employee education and training.
(e) An employer not creating new jobs shall be eligible to participate in the IMPACT program if the employer meets the following criteria: (1) Maintains a minimum of 250 retained jobs if located in a metropolitan statistical area or a minimum of 100 retained jobs if located in a nonmetropolitan statistical area; and (2) the secretary of commerce finds that the program or project will be a major factor in the Kansas basic enterprise remaining in Kansas, except that this subsection shall not apply to any project funded from the job creation program fund.
History: L. 1991, ch. 284, § 5; L. 1996, ch. 206, § 5; L. 2000, ch. 157, § 4; L. 2002, ch. 97, § 2; L. 2003, ch. 154, § 46; L. 2005, ch. 134, § 9; L. 2011, ch. 116, § 6; July 1.
(a) Commencing on July 1, 2021, and on the first day of each month thereafter during fiscal year 2025, fiscal year 2026 and fiscal year 2027, the secretary of revenue shall apply a rate of 2% to that portion of moneys withheld from the wages of individuals and collected under the Kansas withholding and declaration of estimated tax act, K.S.A. 79-3294 et seq., and amendments thereto. The amount so determined shall be credited on a monthly basis as follows: (1) An amount necessary to meet obligations of the debt services for the IMPACT program repayment fund; (2) an amount to the IMPACT program services fund as needed for program administration; and (3) any remaining amounts to the job creation program fund created pursuant to K.S.A. 74-50,224, and amendments thereto. During fiscal year 2025, fiscal year 2026 and fiscal year 2027, the aggregate amount that is credited to the job creation program fund pursuant to this subsection shall not exceed $20,000,000 for each such fiscal year.
(b) Commencing on July 1, 2027, and on an annual basis thereafter, the secretary of revenue shall estimate the amount equal to the amount of net savings realized from the elimination, modification or limitation of any credit, deduction or program pursuant to the provisions of this act as compared to the expense deduction provided for in K.S.A. 79-32,143a, and amendments thereto. Whereupon such amount of savings in accordance with appropriation acts shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount to the credit of the job creation program fund created pursuant to K.S.A. 74-50,224, and amendments thereto. In addition, such other amount or amounts of money may be transferred from the state general fund or any other fund or funds in the state treasury to the job creation program fund in accordance with appropriation acts.
History: L. 1991, ch. 284, § 6; L. 1996, ch. 206, § 6; L. 2002, ch. 97, § 1; L. 2003, ch. 154, § 47; L. 2004, ch. 112, § 68; L. 2005, ch. 134, § 10; L. 2006, ch. 164, § 1; L. 2007, ch. 107, § 1; L. 2011, ch. 116, § 7; L. 2012, ch. 175, § 155; L. 2013, ch. 136, § 266; L. 2015, ch. 1, § 57; L. 2015, ch. 104, § 237; L. 2016, ch. 12, § 108; L. 2017, ch. 104, § 233; L. 2019, ch. 68, § 169; L. 2020, ch. 5, § 161; L. 2021, ch. 98, § 176; L. 2022, ch. 81, § 179; L. 2023, ch. 82, § 175; L. 2024, ch. 88, § 183; L. 2025, ch. 117, § 197; April 25.
There is hereby created in the state treasury the IMPACT program services fund. The secretary shall administer the IMPACT program services fund. All moneys credited to the IMPACT program services fund shall be for all or part of the program costs of projects or major project investments approved by the secretary under this act, except that moneys in the IMPACT program services fund which are not required to pay program costs or major projects investments may be transferred to the state general fund in accordance with provisions of appropriation acts. All expenditures from the IMPACT program services fund shall be for the purposes of paying program costs and shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or the secretary's designee. The secretary shall remit all moneys received under this act, including the proceeds of bonds issued by the Kansas development finance authority for the purposes of this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the IMPACT program services fund.
History: L. 1991, ch. 284, § 7; L. 1996, ch. 206, § 7; L. 2001, ch. 5, § 327; L. 2003, ch. 154, § 48; L. 2004, ch. 112, § 69; July 1.
(a) There is hereby created in the state treasury the IMPACT program repayment fund. The secretary of commerce shall administer the IMPACT program repayment fund. Except as provided in subsection (c), all moneys credited to the IMPACT program repayment fund shall be to make payments to the Kansas development finance authority for payment of costs relating to the retirement of bonds issued to finance projects approved by the secretary of commerce under this act, including but not limited to the principal of and interest on such bonds and the expenses of issuance. All expenditures from the IMPACT program repayment fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.
(b) Upon request of the secretary of commerce, the director of accounts and reports shall establish one or more reserve accounts in the IMPACT program repayment fund to secure one or more issues of bonds issued by the Kansas development finance authority for the purposes of this act.
(c) On June 30 of each year, any unencumbered balance in the IMPACT program repayment fund which is not required for payment of such expenses during the ensuing fiscal year, including any such expenses associated with proposed investment agreements and bond issues under consideration for such fiscal year, and which is not credited to any reserve account in the fund, as certified by the secretary of commerce to the director of accounts and reports, shall be transferred by the director of accounts and reports from the IMPACT program repayment fund to the IMPACT program services fund or the job creation program fund.
History: L. 1991, ch. 284, § 8; L. 1996, ch. 206, § 8; L. 2003, ch. 154, § 49; L. 2011, ch. 116, § 8; July 1.
Except as otherwise provided, the activities of the secretary of commerce in administering and performing the powers, duties and functions prescribed by the provisions of this act and providing moneys for IMPACT programs from the proceeds of bonds issued by the Kansas development finance authority are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto and the authorization of the issuance of such bonds by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto. No bonds shall be issued for IMPACT projects after December 31, 2011.
History: L. 1991, ch. 284, § 9; L. 1996, ch. 206, § 9; L. 2003, ch. 154, § 50; L. 2011, ch. 116, § 9; July 1.
The secretary of commerce shall annually report on activities under the IMPACT act, pursuant to K.S.A. 74-5049, and amendments thereto. Each report shall contain information regarding the number and characteristics of the new jobs created or jobs retained in Kansas for which SKILL projects or major project investments have been financed under this act, including a report on any such new or retained jobs which do not continue to exist and the circumstances and effect of any such discontinuances.
History: L. 1991, ch. 284, § 10; L. 1996, ch. 205, § 2; L. 2000, ch. 157, § 5; L. 2003, ch. 154, § 51; July 1.
No out-district state aid entitlement, no credit hour state aid entitlement and no general or other state aid of any kind provided by the state to an educational institution, including appropriations based in whole or in part upon enrollment, shall be based on any course, subject or class of instruction or training which is the subject of an agreement or a project under this act. No such course, subject or class of instruction or training or the persons participating therein shall be counted in determining the number of credit hours of out-district students for purposes of determining the amount of out-district tuition to be charged by an educational institution.
History: L. 1991, ch. 284, § 11; July 1.
The provisions of K.S.A. 74-50,113 through 74-50,119 and K.S.A. 79-32,160a through 79-32,160c and amendments thereto shall be known and may be cited as the Kansas enterprise zone act.
History: L. 1992, ch. 202, § 1; July 1.
As used in K.S.A. 74-50,113 through 74-50,117 and amendments thereto:
(a) "Ancillary support" means a facility which is operated by a business and whose function is to provide services in support of the business, but is not directly engaged in the business' primary function.
(b) "Business" means any manufacturing business or nonmanufacturing business.
(c) "Business headquarters" means a facility where principal officers of the business are housed and from which direction, management or administrative support for transactions is provided for a business or division of a business or regional division of a business.
(d) "Full-time employee" means a person who is required to file a Kansas income tax return and who is employed by a business or retail business to perform duties in connection with the operation of the business or retail business on:
(1) A regular, full-time basis;
(2) a part-time basis, provided such person is customarily performing such duties at least 20 hours per week throughout the taxable year; or
(3) a seasonal basis, provided such person performs such duties for substantially all of the season customary for the position in which such person is employed. The number of full-time employees during any taxable year shall be determined by dividing by 12 the sum of the number of full-time employees on the last business day of each month of such taxable year. If the business or retail business is in operation for less than the entire taxable year, the number of full-time employees shall be determined by dividing the sum of the number of full-time employees on the last business day of each full calendar month during the portion of such taxable year during which the business was in operation by the number of full calendar months during such period.
(e) "Manufacturing business" means all commercial enterprises identified under the manufacturing NAICS subsectors 311 to 339.
(f) "Metropolitan county" means the county of Douglas, Johnson, Leavenworth, Sedgwick, Shawnee or Wyandotte.
(g) "NAICS" means the North American industry classification system, as developed under the authority of the office of management and budget of the office of the president of the United States.
(h) "Nonmanufacturing business" means any commercial enterprise other than a manufacturing business or a retail business. Nonmanufacturing business shall also include the business headquarters of an enterprise, ancillary support of an enterprise, and an enterprise designated under NAICS industry groups 4541, 5112 and 7112 regardless of the firm's classification as a retail business if that facility for which the sales tax exemption certificate is issued facilitates the creation of at least 20 new full-time positions. In addition, with respect to enterprises in NAICS industry group 7112, such enterprises must operate an auto racetrack in the state involving capital improvements costing not less than $100,000,000.
For taxable years commencing after December 31, 1997, any ancillary support business which would otherwise be eligible for a sales tax exemption or an income, premium or privilege tax credit pursuant to this subsection shall incorporate in its tax filing for the exemption or credit a statement from the secretary of commerce which includes a finding by the secretary that the job expansion incident to the exemption or credit claimed would not have occurred in the absence of the credit or exemption.
(i) "Nonmetropolitan region" means a region established under K.S.A. 74-50,116, and amendments thereto and is comprised of any county or counties which are not metropolitan counties.
(j) "Retail business" means: (1) Any commercial enterprise primarily engaged in the sale at retail of goods or services taxable under the Kansas retailers' sales tax act; (2) any service provider set forth in K.S.A. 17-2707, and amendments thereto; (3) any bank, savings and loan or other lending institution; (4) any commercial enterprise whose primary business activity includes the sale of insurance; and (5) any commercial enterprise deriving its revenues directly from noncommercial customers in exchange for personal services such as, but not limited to, barber shops, beauty shops, photographic studios and funeral services.
(k) "Secretary" means the secretary of the Kansas department of commerce.
History: L. 1992, ch. 202, § 2; L. 1994, ch. 268, § 3; L. 1996, ch. 207, § 1; L. 1997, ch. 159, § 1; L. 1998, ch. 136, § 2; L. 2003, ch. 154, § 52; L. 2010, ch. 97, § 1; July 1.
(a) A manufacturing business may be eligible for a sales tax exemption under the provisions of subsection (cc) of K.S.A. 79-3606, and amendments thereto, if the manufacturing business complies with the following requirements:
(1) A manufacturing business shall provide documented evidence of job expansion involving the employment of at least two additional full-time employees; and
(2) a manufacturing business located within the state of Kansas that has documented evidence of job expansion as provided in paragraph (1), which relocates in another city or county within the state of Kansas must receive approval from the secretary prior to qualifying for the sales tax exemption in subsection (cc) of K.S.A. 79-3606, and amendments thereto, except that approval by the secretary shall not be required if the manufacturing business relocates within the same city.
(b) A nonmanufacturing business may be eligible for a sales tax exemption under the provisions of subsection (cc) of K.S.A. 79-3606, and amendments thereto, if the nonmanufacturing business complies with the following requirements:
(1) A nonmanufacturing business shall provide documented evidence of job expansion involving the employment of at least five additional full-time employees; and
(2) a nonmanufacturing business located within the state of Kansas that has documented evidence of job expansion as provided in paragraph (1), which relocates in another city or county within the state of Kansas must receive approval from the secretary prior to qualifying for the sales tax exemption in subsection (cc) of K.S.A. 79-3606, and amendments thereto, except that approval by the secretary shall not be required if the nonmanufacturing business relocates within the same city.
(c) A retail business may qualify for the sales tax exemption under subsection (cc) of K.S.A. 79-3606, and amendments thereto, if the retail business complies with the following requirements:
(1) A retail business shall provide documented evidence of job expansion involving the employment of at least two additional full-time employees; and
(2) (A) such retail business locates or expands to a city having a population of 2,500 or less, as determined by the latest Kansas division of budget revised population numbers that are certified to the secretary of state, or (B) such retail business locates or expands to a location outside a city in a county having a population of 10,000 or less, as determined by the latest Kansas division of budget revised population numbers that are certified to the secretary of state.
(d) Any person constructing, reconstructing, remodeling or enlarging a facility which will be leased in whole or in part for a period of five years or more, or commencing on the effective date of this act and ending on April 1, 2007, any person constructing, reconstructing, remodeling or enlarging a facility located within Saline county which title of such facility will be conveyed, to a business that would be eligible for a sales tax exemption hereunder if such business had constructed, reconstructed, enlarged or remodeled such facility or portion thereof itself shall be entitled to the sales tax exemption under the provisions of subsection (cc) of K.S.A. 79-3606, and amendments thereto. When such person leases less than the total facility to an eligible business, a project exemption certificate may be granted on: (1) The total cost of constructing, reconstructing, remodeling or enlarging, the facility multiplied by a fraction given by dividing the number of leased square feet eligible for the sales tax exemption by the total square feet being constructed, reconstructed, remodeled or enlarged; or (2) the actual cost of constructing, reconstructing, remodeling or enlarging that portion of the facility to be occupied by the eligible business, as the person may elect.
(e) A business may qualify for a sales tax exemption under subsection (cc) of K.S.A. 79-3606, and amendments thereto, without regard to any of the foregoing requirements of this section if it is certified as a qualified firm by the secretary of commerce pursuant to K.S.A. 74-50,131, and amendments thereto, and is entitled to the corporate tax credit established in K.S.A. 74-50,132, and amendments thereto, or has received written approval for participation and has participated, during the tax year in which the exemption is claimed, in training assistance by the department of commerce under the Kansas industrial training, Kansas industrial retraining or state of Kansas investments in lifelong learning program.
(f) The secretary may adopt rules and regulations to implement and administer the provisions of this section.
History: L. 1992, ch. 202, § 3; L. 1993, ch. 172, § 3; L. 1994, ch. 268, § 4; L. 2000, ch. 157, § 6; L. 2001, ch. 134, § 1; L. 2003, ch. 154, § 53; L. 2005, ch. 51, § 1; L. 2005, ch. 186, § 20; L. 2009, ch. 122, § 1; July 1.
(a) The secretary shall establish a nonmetropolitan regional business program. The secretary shall establish criteria for the establishment of nonmetropolitan regions under such program and, in addition to other criteria established by the secretary, such criteria shall include the following:
(1) A nonmetropolitan region, at a minimum, shall be comprised of a county;
(2) any city with a population of 2,000, or more, within a county proposing to establish a nonmetropolitan region must consent to participation in such nonmetropolitan region by entering into a written agreement with such county; and
(3) no city or cities of a county nor any portion of a county may be a part of a nonmetropolitan region if the whole county does not agree to the inclusion of such county in the region.
(b) The governing body of a city and the board of county commissioners of any county making application to the secretary for the designation of a nonmetropolitan region under this section shall submit, in addition to the application, a resolution requesting such area be approved as a nonmetropolitan region.
(c) To qualify for the establishment of a nonmetropolitan region under this section, a county or counties shall:
(1) File with the secretary a statement that a regional economic development organization has been established which has a membership located throughout the region served by the organization with representation of the manufacturing businesses, nonmanufacturing businesses and retail businesses participating under the program;
(2) adopt a regional strategic plan and have such plan filed with and reviewed by the secretary; and
(3) demonstrate a commitment to offering incentives which are regional in nature or which exact local support, such as public transportation, technical assistance, revitalization funding, infrastructure improvement funding and property tax abatements.
History: L. 1992, ch. 202, § 4; July 1.
The secretary shall provide to the Kansas department of revenue, at least quarterly, a current list of the regions designated as nonmetropolitan regions under K.S.A. 74-50,116 and amendments thereto.
History: L. 1992, ch. 202, § 5; July 1.
(a) Each designated nonmetropolitan region approved by the secretary shall submit an annual report to the secretary, in such form as the secretary may require, on or before February 15 of each year. Each report shall include:
(1) A list of local incentives for economic development available in such region during the prior year;
(2) the usage of the local incentives which the governing body committed to provide in such region; and
(3) such other information as required by the secretary.
(b) The secretary shall submit an annual report, pursuant to K.S.A. 74-5049, and amendments thereto, each year detailing the information provided pursuant to subsection (a).
(c) The secretary of revenue shall submit an annual report to the governor and the legislature by April 1 of each year detailing by county the state fiscal note on the income tax credits claimed and used, including the amount of carry-forward credits, and sales tax exemptions allowed pursuant to this act.
History: L. 1992, ch. 202, § 6; L. 1996, ch. 205, § 3; July 1.
The secretary shall adopt rules and regulations for the purpose of implementing and administering the provisions of K.S.A. 74-50,116 through 74-50,118 and amendments thereto, including the procedure required for the approval of applications designating a nonmetropolitan region.
History: L. 1992, ch. 202, § 7; July 1.
The provisions of this act shall be known as and may be cited as the qualified industrial manufacturer act.
History: L. 2007, ch. 27, § 1; March 29.
For the purposes of this act:
(a) "Agreement" means an agreement entered into between the qualified industrial manufacturer and the secretary for benefits under this act.
(b) "Gross compensation" means gross wages and benefits paid to or on behalf of employees receiving wages.
(c) "Qualified industrial manufacturer" means a person, corporation, partnership or other entity engaged in the manufacturing of hydraulics in Reno county, Kansas, that satisfies conditions imposed by the secretary which shall include, among other conditions, that the person, corporation, partnership or other entity meet the requirements of subsection (a) of K.S.A. 74-50,122, and amendments thereto, and anticipates paying at least $12,500,000 in annual gross compensation to employees located in Kansas and anticipates maintaining such operation for a period of at least ten years.
(d) "Secretary" means the secretary of commerce.
History: L. 2007, ch. 27, § 2; March 29.
(a) A qualified industrial manufacturer may be eligible for a period of no more than ten calendar years to receive an amount, not to exceed $2,000,000 in the aggregate, from the special qualified industrial manufacturer fund.
(b) A qualified industrial manufacturer may apply to the secretary to enter into an agreement for benefits under this act. The application shall include (1) evidence that the applicant is a qualified industrial manufacturer as defined in K.S.A. 74-50,121, and amendments thereto, and (2) that the qualified industrial manufacturer agrees to make certain improvements to such manufacturer's plant located in Hutchinson, Kansas.
(c) Upon receipt of an application described in subsection (b), if the secretary finds that the application is from a qualified industrial manufacturer, the secretary may enter into an agreement with the qualified industrial manufacturer for benefits under this act. The agreement shall commit the secretary to request that for a period of no longer than ten years, at the discretion of the secretary, from the date of the executed agreement, an amount not to exceed $2,000,000, from the special qualified industrial manufacturer fund created in subsection (d) and shall be transferred by the state treasurer to the qualified industrial manufacturer. The agreement shall set forth the terms and conditions under which the secretary shall direct the state treasurer to transfer revenues in the special qualified industrial manufacturer fund to the qualified industrial manufacturer. In the first three years of the agreement, 90% of the qualified industrial manufacturer's Kansas payroll withholding taxes shall be paid out. In the remaining seven years of the agreement, 40% of the qualified industrial manufacturer's Kansas payroll withholding taxes shall be paid out. In the event the qualified industrial manufacturer fails to comply with the terms and conditions set forth in the agreement, the agreement shall provide that the secretary may terminate the agreement, and the qualified industrial manufacturer shall not be entitled to further distributions from the special qualified industrial manufacturer fund.
(d) The state treasurer shall credit all revenue collected or received from withholding upon Kansas wages paid by a taxpayer which is a qualified industrial manufacturer, as certified by the secretary, to the special qualified industrial manufacturer fund, which fund is hereby created in the custody of the state treasurer, but which fund shall not be a part of the state treasury or the state general fund. Distributions from the fund shall not be subject to appropriation. On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the special qualified industrial manufacturer fund interest earnings based on: (1) The average daily balance of moneys in the special qualified industrial manufacturer fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month. The provisions of this section shall expire when all revenues that, pursuant to the agreement are to be paid to the qualified industrial manufacturer, have been distributed. Moneys credited to the special qualified industrial manufacturer fund in accordance with the foregoing provisions shall be distributed on the order of the secretary. The state treasurer shall make such distributions on such dates as mutually agreed to by the secretary and the state treasurer, serving as paying agent pursuant to the terms of the agreement. The total of all distributions under this section shall not exceed $2,000,000.
(e) A qualified industrial manufacturer shall not be allowed to participate in the IMPACT act or program pursuant to K.S.A. 74-50,102 et seq., and amendments thereto. The secretary may include provisions in the agreement described in subsection (c) to limit or reduce the amount of eligible credits related to the provisions of this act, including, but not limited to, those allowed pursuant to K.S.A. 79-32,160a or 79-32,182b, and amendments thereto. Nothing in this subsection shall be construed to prohibit the qualified industrial manufacturer from receiving credits allowed by law for any investment not related to the provisions of this act.
(f) The agreement between the qualified industrial manufacturer and the secretary shall be entered into before any benefits may be provided under this act, and shall specify that should the qualified industrial manufacturer fail to comply with the terms set forth in the agreement, the secretary may terminate the agreement, and the qualified industrial manufacturer shall not be entitled to further distributions from the special qualified industrial manufacturer fund.
(g) Benefits authorized pursuant to this act shall not be used to provide for or to increase compensation packages, rewards, bonuses, pensions, enhanced retirement, stock options, buyouts or substantial severance pay or other financial benefits to any chief executive officer, chief financial officer or any officers of the company.
History: L. 2007, ch. 27, § 3; March 29.
(a) The secretary shall transmit annually to the governor, the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives, or any successor committee, a report, based upon information received from each qualified industrial manufacturer for which benefits have been issued during the preceding year, describing the following: (1) The manner in which the purpose, as described in this act, has been carried out;
(2) an estimate of jobs created and jobs preserved by cash investments made in qualified industrial manufacturers; and
(3) an estimate of the multiplier effect on the Kansas economy of the cash investments made pursuant to this act.
(b) The secretary shall conduct an annual review of the activities undertaken pursuant to this act to ensure that benefits issued pursuant to this act are issued in compliance with the provisions of this act or rules and regulations adopted by the department with respect to this act.
(c) Any violation of the reporting requirements set forth in the agreement shall be grounds for loss of designation as a qualified industrial manufacturer under this section.
(d) If the secretary determines that a qualified industrial manufacturer is not in substantial compliance with the requirements of this act, the secretary, by written notice, shall inform the officers of the qualified industrial manufacturer that such qualified industrial manufacturer shall lose its designation as a qualified industrial manufacturer unless such qualified industrial manufacturer corrects the deficiencies and is once again in compliance with the requirements for designation.
History: L. 2007, ch. 27, § 4; L. 2013, ch. 134, § 10; July 1.
Commencing after December 31, 1999: (a) As used in this act: "Qualified firm" means a for-profit business establishment, subject to state income, sales or property taxes, identified under the North American industry classification system (NAICS) subsectors 221, 311 to 339, 423 to 425, 481 to 519, 521 to 721 and 811 to 928 or is identified as a corporate or regional headquarters or back-office operation of a national or multi-national corporation regardless of NAICS designation. The secretary of commerce shall determine eligibility when a difference exists between a firm's primary business activity and NAICS designation. A business establishment may be assigned a NAICS designation according to the primary business activity at a single physical location in the state.
(b) In the case of firms in NAICS subsectors 221, 423 to 425, 481 to 519, 521 to 721 and 811 to 928, the business establishment must also demonstrate the following:
(1) More than ½ of its gross revenues are a result of sales to commercial or governmental customers outside the state of Kansas; or
(2) more than ½ of its gross revenues are a result of sales to Kansas manufacturing firms within NAICS subsectors 311 to 339; or
(3) more than ½ of its gross revenues are a result of a combination of sales described in (1) and (2).
(c) For purposes of determining whether one of the average wage options described in subsection (d) below is satisfied, business establishments located within a metropolitan county, as defined in K.S.A. 74-50,114, and amendments thereto, will be compared only to other businesses within that metropolitan county, and business establishments located outside of a metropolitan county will be compared to businesses within an aggregation of counties representing the business establishment's region of the state, which regional aggregation will exclude metropolitan counties. Such aggregation shall be determined by the department of commerce.
(d) Additionally, a business establishment having met the criteria as established in subsection (a) or (b), and using the comparison method described in subsection (c), must meet one of the following criteria:
(1) The establishment with 500 or fewer full-time equivalent employees will provide an average wage that is above the average wage paid by all firms with 500 or fewer full-time equivalent employees which share the appropriate NAICS designation.
(2) The establishment with 500 or fewer full-time equivalent employees is the sole firm within its appropriate NAICS designation which has 500 or fewer full-time equivalent employees.
(3) The establishment with more than 500 full-time equivalent employees will provide an average wage that is above the average wage paid by firms with more than 500 full-time equivalent employees which share the appropriate NAICS designation.
(4) The establishment with more than 500 full-time equivalent employees is the sole firm within its appropriate NAICS designation which has more than 500 full-time equivalent employees, in which event it shall either provide an average wage that is above the average wage paid by all firms with 500 or fewer full-time equivalent employees which share the appropriate NAICS designation, or be the sole firm within its appropriate NAICS designation.
(e) As an alternative to the requirements of subsections (c) and (d), a firm having met the requirements of subsections (a) or (b), may qualify, if excluding taxable disbursements to company owners, the business establishment's annual average wage must be greater than or equal to 1.5 times the aggregate average wage paid by industries covered by the employment security law based on data maintained by the secretary of labor.
(f) For the purposes of this section, the number of full-time equivalent employees shall be determined by dividing the number of hours worked by part-time employees during the pertinent measurement interval by an amount equal to the corresponding multiple of a 40-hour work week and adding the quotient to the number of full-time employees.
(g) The secretary of commerce shall certify annually to the secretary of revenue that a firm meets the criteria for a qualified firm and that the firm is eligible for the benefits and assistance provided under this act. The secretary of commerce is hereby authorized to obtain any and all information necessary to determine such eligibility. Information obtained under this section shall not be subject to disclosure pursuant to K.S.A. 45-215 et seq., and amendments thereto, but shall upon request be made available to the legislative post audit division. The secretary of commerce shall publish rules and regulations for the implementation of this act. Such rules and regulations shall include, but not be limited to:
(1) A definition of "training and education" for purposes of K.S.A. 74-50,132, and amendments thereto.
(2) Establishment of eligibility requirements and application procedures for expenditures from the high performance incentive fund created in K.S.A. 74-50,133, and amendments thereto.
(3) Establishment of approval guidelines for private consultants authorized pursuant to K.S.A. 74-50,133, and amendments thereto.
(4) Establishment of guidelines for prioritizing business assistance programs pursuant to K.S.A. 74-50,133, and amendments thereto.
(5) A definition of "commercial customer" for the purpose of K.S.A. 74-50,133, and amendments thereto.
(6) A definition of "headquarters" for the purpose of K.S.A. 74-50,133, and amendments thereto.
(7) Establishment of guidelines concerning the use and disclosure of any information obtained to determine the eligibility of a firm for the assistance and benefits provided for by this act.
History: L. 1993, ch. 172, § 1; L. 1994, ch. 268, § 1; L. 1995, ch. 217, § 1; L. 1997, ch. 96, § 1; L. 1999, ch. 37, § 1; L. 2000, ch. 157, § 8; L. 2003, ch. 154, § 54; L. 2004, ch. 179, § 104; L. 2010, ch. 97, § 2; July 1.
(a) For taxable years commencing after December 31, 1997, a qualified firm shall be entitled to a credit against the tax imposed by the Kansas income tax act, the premium tax or privilege fee imposed pursuant to K.S.A. 40-252, and amendments thereto or the privilege tax as measured by net income of financial institutions imposed pursuant to chapter 79, article 11 of the Kansas Statutes Annotated in an amount equal to the portion of the qualified business facility cash investment in the training and education of the firm's employees that exceeds 2% of the firm's total payroll costs. The maximum amount of the credit that may be claimed by a single corporate taxpayer in any single tax year under this section shall not exceed $50,000. Tax credits earned by a qualified business under this section must be claimed in their entirety in the tax year eligible.
(b) For tax years commencing after December 31, 2005, any taxpayer claiming credits pursuant to this section, as a condition for claiming and qualifying for such credits, shall provide information pursuant to K.S.A. 79-32,243, and amendments thereto, as part of the tax return in which such credits are claimed. Such credits shall not be denied solely on the basis of the contents of the information provided by the taxpayer pursuant to K.S.A. 79-32,243, and amendments thereto.
History: L. 1993, ch. 172, § 2; L. 1998, ch. 136, § 3; L. 2006, ch. 203, § 6; July 1.
There is hereby created within the department of commerce the high performance incentive fund to provide matching funds for business assistance and consulting services to qualified firms under the provisions of K.S.A. 74-50,131, and amendments thereto, or that are entitled to a workforce training tax credit under the provisions of K.S.A. 74-50,132, and amendments thereto, subject to appropriation of funds and program criteria, as provided in this section. The department of commerce may provide funds to qualified firms, on a matching basis, to pay up to 50% of such firm's costs of acquiring consulting services provided by the mid-America manufacturing technology center, or approved private consultants to assist in improving the firm's management, production processes or product or service quality. Qualified firms also shall receive priority consideration for any other business assistance programs administered by the department of commerce.
History: L. 1993, ch. 172, § 5; L. 2003, ch. 154, § 55; L. 2011, ch. 104, § 13; L. 2021, ch. 41, § 1; July 1.
History: L. 1993, ch. 172, § 6; L. 1997, ch. 96, § 2; L. 2003, ch. 154, § 56; Repealed, L. 2012, ch. 65, § 34; July 1.
The provisions of K.S.A. 74-50,115 and K.S.A. 74-50,132 and 79-32,160a shall be effective for taxable years commencing after December 31, 1992.
History: L. 1993, ch. 172, § 7; July 1.
The provisions of K.S.A. 74-50,131, as amended by section 1 of chapter 217 of the Laws of 1995, shall be effective for taxable years commencing after December 31, 1994.
History: L. 1995, ch. 217, § 3; July 1.
(a) The provisions of this section shall be known and may be cited as the "economic revitalization and reinvestment act."
(b) The purpose of the economic revitalization and reinvestment act is to foster Kansas employment by encouraging product development and engineering leading to new manufactured products in Kansas.
(c) As used in this act:
(1) "Base eligibility period" means the three taxable years immediately preceding the date of application for benefits under this act.
(2) "Eligible aviation business" means a person, corporation, partnership or other entity engaged in the aviation manufacturing or service industry and doing business in Kansas that satisfies conditions imposed by the secretary, which may include, among other conditions, that the person, corporation, partnership or other entity:
(A) Paid at least $150,000,000 in average annual gross Kansas compensation, according to reports filed with the secretary of labor, during the base eligibility period;
(B) paid at least $50,000 of average annual gross compensation per Kansas employee during the base eligibility period;
(C) has invested at least $500,000,000 in real and tangible personal property located within and currently used in the operation of a business in Kansas; and
(D) is described by the north American industrial classification system as being in the manufacturing or service sector.
(3) "Eligible aviation project" means a research, development, engineering or manufacturing project (A) undertaken by an eligible aviation business relating to the development of a new or improved business component or product and may include, but not be limited to, product development and design, applied research, manufacturing, improvement, replacement or acquisition of real or personal property and modernization and retooling of existing property in Kansas, (B) for which the eligible aviation business proposes to invest not less than $500,000,000 in Kansas in direct connection with the eligible aviation project of not less than $500,000,000 in Kansas and (C) for which the eligible aviation business proposes to employ up to 4,000 full-time employees in Kansas, as defined in K.S.A. 74-50,114, and amendments thereto.
(4) "Eligible business" means a person, corporation, partnership or other entity doing business in Kansas that satisfies conditions imposed by the secretary, which may include, among other conditions, that the person, corporation, partnership or other entity:
(A) Paid at least $600,000,000 in average annual gross Kansas compensation, according to reports filed with the secretary of labor, during the base eligibility period; and
(B) paid at least $50,000 of average annual gross compensation per Kansas employee during the base eligibility period; and
(C) has invested at least $1,000,000,000 in real and tangible personal property located within and currently used in the operation of a business in Kansas; and
(D) is described by North American industrial classification system as being in the manufacturing sector.
(5) "Eligible project" means a research, development, engineering or manufacturing project (A) undertaken by an eligible business relating to the development of a new or improved business component or product and may include, but not be limited to, product development and design, applied research, manufacturing, improvement, replacement or acquisition of real or personal property and modernization and retooling of existing property in Kansas, (B) for which the eligible business proposes to invest not less than $500,000,000 in Kansas in direct connection with the eligible project of not less than $500,000,000 in Kansas and (C) for which the eligible business proposes to employ up to 4,000 full-time employees in Kansas, as defined in K.S.A. 74-50,114, and amendments thereto.
(6) "Eligible wind or solar energy business" means a person, corporation, partnership or other entity engaged in the wind or solar energy manufacturing industry and doing business in Kansas that satisfies conditions imposed by the secretary, which may include among other conditions, that the person, corporation, partnership or other entity:
(A) Pay at least $32,500 of average annual compensation per Kansas employee; and
(B) is described by the North American industrial classification system as being in the manufacturing sector.
(7) "Eligible wind or solar energy project" means a research, development, engineering or manufacturing project (A) undertaken by an eligible wind or solar energy business relating to the production of a business component or product and may include, but not be limited to, product development and design, applied research, manufacturing, improvement, replacement or acquisition of real or personal property and modernization and retooling of existing property in Kansas, (B) for which the eligible wind or solar energy business proposes to invest not less than $30,000,000 in Kansas in direct connection with the eligible wind or solar energy project of not less than $30,000,000 in Kansas and (C) for which the eligible wind or solar energy business proposes to employ at least 200 full-time employees in Kansas within five years, as defined in K.S.A. 74-50,114, and amendments thereto.
(8) "Gross compensation" means gross wages and benefits paid to or on behalf of employees receiving wages.
(9) "Secretary" means the secretary of commerce.
(d) A person, corporation, partnership or other entity proposing to undertake an eligible project, eligible aviation project or eligible wind or solar energy project may apply to the secretary to enter into an agreement for benefits under this act. The application shall include (1) evidence that the applicant is an "eligible business," "eligible aviation business" or "eligible wind or solar energy business" as defined in subsection (c) and (2) a detailed description of the eligible project, eligible aviation project or eligible wind or solar energy project.
(e) Upon receipt of an application described in subsection (d), if the secretary finds that the application is from an eligible business, eligible aviation business or eligible wind or solar energy business and that the project constitutes an eligible project, eligible aviation project or eligible wind or solar energy project, the secretary may enter into an agreement with the eligible business, eligible aviation business or eligible wind or solar energy business for benefits under this act. Such agreement for benefits shall be subject to review and approval of the state finance council created by K.S.A. 75-3708, and amendments thereto, acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto. The agreement shall commit the secretary to request that the Kansas development finance authority issue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, to finance the eligible project for the benefit of the eligible business in an aggregate principal amount not to exceed $500,000,000, plus costs of issuance, costs of credit enhancement, reserve funds and capitalized interest, or in the case of an eligible aviation project in a principal amount not to exceed $33,000,000 for a single eligible aviation project or in the case of an eligible wind or solar energy project in a principal amount not to exceed $5,000,000 for a single eligible wind or solar energy project and in an aggregate principal amount not to exceed $150,000,000 for all eligible aviation, wind or solar energy projects, plus costs of issuance, costs of credit enhancement, reserve funds and capitalized interest, and shall commit the eligible business, eligible aviation business or eligible wind or solar energy business to pay the principal of and interest on such obligations, except that during the period from the issuance of such bonds through the maturity of such obligations but not to exceed 20 years revenue realized from withholding upon Kansas wages paid by the eligible business, eligible aviation business or eligible wind or solar energy business pursuant to K.S.A. 79-3294 et seq., and amendments thereto, which is necessary to pay the principal and interest on such obligations shall be credited to the special economic revitalization fund created in subsection (h), and shall be transferred by the state treasurer to pay principal and interest on such obligations as provided by law. The agreement shall further specifically provide that if the revenue from the withholding upon Kansas wages is insufficient to pay principal and interest on the bonds, the eligible business, eligible aviation business or eligible wind or solar energy business shall remain obligated to make such payments. The terms and conditions with respect to the obligations shall be set forth in the agreement or in the financing documents relating to the issuance of the bonds. In the event the eligible business, eligible aviation business or eligible wind or solar energy business terminates, cancels or reduces the scope of the eligible project, eligible aviation project or eligible wind or solar energy project approved by the secretary, the agreement shall provide that with respect to debt service, the eligible business, eligible aviation business or eligible wind or solar energy business shall remain responsible for payment of the entire outstanding principal as well as any interest still outstanding, and no moneys remaining in the special economic revitalization fund shall be made available for the purpose of paying the remaining principal and interest portion of the eligible business', eligible aviation business' or eligible wind or solar energy business' debt service obligation.
(f) Income tax refunds and balances due resulting from withholding upon Kansas wages paid by the eligible business, eligible aviation business or eligible wind or solar energy business pursuant to K.S.A. 79-3294 et seq., and amendments thereto, shall be reconciled on at least an annual basis by a method defined in the agreement described in subsection (e).
(g) The Kansas development finance authority is hereby authorized to issue obligations, for the purpose of financing the eligible project, eligible aviation project or eligible wind or solar energy project provided in subsection (e), in a principal amount not to exceed the amount specified in subsection (e). The maximum maturity of bonds issued pursuant to this act shall be 20 years, unless the secretary shall find and determine that a maturity greater than 20 years, but in no event greater than 30 years, is necessary for economic feasibility of the eligible project, eligible aviation project or eligible wind or solar energy [project] of the eligible business, eligible aviation business or eligible wind or solar energy business.
(h) The state treasurer shall credit all revenue collected or received from withholding upon Kansas wages paid by a taxpayer which is an eligible business, eligible aviation business or eligible wind or solar energy business with respect to an eligible project, eligible aviation project or eligible wind or solar energy project, as certified by the secretary, to the special economic revitalization fund, which fund is hereby created in the custody of the state treasurer but shall not be a part of the state general fund. Distributions from the special economic revitalization fund shall be used to pay principal and interest on the bonds as authorized pursuant to this act and shall not be subject to appropriation. On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the special economic revitalization fund interest earnings based on: (1) The average daily balance of moneys in the special economic revitalization fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month. The provisions of this section shall expire when all principal and interest on obligations issued for the purpose of financing all or a portion of the costs of an eligible project, eligible aviation project or eligible wind or solar energy project has been paid. Moneys credited to the special economic revitalization fund in accordance with the foregoing provisions shall be distributed to or on the order of the Kansas development finance authority to pay principal and interest on bonds issued to finance an eligible project, eligible aviation project or eligible wind or solar energy project. The state treasurer shall make such distributions on such dates as mutually agreed to by the Kansas development finance authority, the paying agent for such obligations and the state treasurer. The total of all distributions under this section shall not exceed an amount determined to be sufficient to pay the principal and interest on such bonds.
(i) The eligible business, eligible aviation business or eligible wind or solar energy business shall not be allowed to participate in the IMPACT act or program pursuant to K.S.A. 74-50,102 et seq., and amendments thereto, with respect to the eligible project, eligible aviation project or eligible wind or solar energy project. The secretary may include provisions in the agreement described in subsection (e) to limit or reduce the amount of eligible credits, including but not limited to those allowed pursuant to K.S.A. 79-32,160a, 79-32,182b or 79-32,206, and amendments thereto, on the investment of the proceeds of the bonds issued under this act. Nothing in this subsection shall be construed to prohibit the eligible business, eligible aviation business or eligible wind or solar energy business from receiving credits allowed by law for any investment not related to bonds issued pursuant to this section.
(j) All hiring and use of the employees described in subsection (c)(5)(C) by an eligible business in connection with an eligible project, or described in subsection (c)(3)(C) by an eligible aviation business in connection with an eligible aviation project or an eligible wind or solar energy business, as described in subsection (c)(7), shall be subject to post audit under the legislative post audit act, and amendments thereto. All audit expenses incurred shall be charged to and paid by such eligible business or eligible aviation business. All moneys received for such audit expenses shall be deposited in the state treasury and credited to the audit services fund of the division of post audit. The division of post audit is hereby authorized to conduct the audit work authorized by this section in accordance with the provisions of the legislative post audit act, and amendments thereto.
(k) Bonds issued under this section shall not be used to provide for or to increase compensation packages, rewards, bonuses, pensions, enhanced retirement, stock options, buyouts or substantial severance pay or other financial benefits to any chief executive officer, chief financial officer or any officers of the company.
(l) The agreement described in subsection (e) shall include a provision requiring the eligible business, eligible aviation business or eligible wind or solar energy business to agree that (1) the eligible business, eligible aviation business or eligible wind or solar energy business shall be subject to post audit under the legislative post audit act, and amendments thereto, (2) the eligible business, eligible aviation business or eligible wind or solar energy business shall pay audit expenses and (3) the eligible business, eligible aviation business or eligible wind or solar energy business shall not limit access to information required under the legislative post audit act, and amendments thereto.
(m) The secretary shall report to the state finance council on any new agreements entered into between the secretary and an eligible business, eligible aviation business or eligible wind or solar energy business pursuant to this section.
(n) No new eligible project, eligible aviation project or eligible wind or solar energy project shall be approved for financing under the provisions of this section on or after July 1, 2013.
History: L. 2003, ch. 153, § 1; L. 2004, ch. 179, § 105; L. 2008, ch. 120, § 1; L. 2009, ch. 53, § 1; L. 2010, ch. 144, § 1; July 1.
History: L. 1993, ch. 152, § 2; Expired, July 1, 1998.
History: L. 1993, ch. 152, § 3; L. 1994, ch. 110, § 1; Expired, July 1, 1998.
History: L. 1993, ch. 152, § 4; Expired, July 1, 1998.
History: L. 1993, ch. 152, § 5; L. 1994, ch. 110, § 2; Expired, July 1, 1998.
History: L. 1993, ch. 152, § 6; Expired, July 1, 1998.
History: L. 1993, ch. 152, § 7; Repealed, L. 1996, ch. 205, § 15; July 1.
History: L. 1993, ch. 152, § 8; Expired, July 1, 1998.
(a) There is hereby established in the state treasury the $5,000,000 state affordable airfare fund, which shall be known and referred to as the state affordable airfare fund and which shall be administered by the secretary of commerce. In accordance with the provisions of appropriation acts, moneys shall be transferred to the state affordable airfare fund from the state general fund or one or more special revenue funds in the state treasury as specified by appropriation acts. Subject to appropriation acts, the secretary is authorized to designate or deduct from such moneys transferred to the state affordable airfare fund an annual administrative fee not to exceed 2% of such moneys transferred, which administrative fee shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and the entire amount deposited by the state treasurer in the state treasury to the credit of the state affordable airfare administrative fee fund, which is hereby created in the state treasury. All expenditures from the state affordable airfare fund shall be for the program to provide more air flight options, more competition for air travel and affordable air fares for Kansas, including a regional airport in western Kansas. All expenditures from the state affordable airfare fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the designee of the secretary.
(b) The moneys credited to the state affordable airfare fund shall be disbursed as an annual grant by the secretary of commerce to the regional economic area partnership (REAP) and shall be used for the development and implementation of a program to provide more air flight options, more competition for air travel and affordable air fares for Kansas, including a regional airport in western Kansas. Each annual grant shall be matched by moneys received by the regional economic area partnership (REAP) from local units of government or private entities on the basis of 75% from the state affordable airfare fund to 25% from local units of government or private entities.
(c) Annually, beginning by January 15, 2008, at the beginning of each regular session of the legislature thereafter, the regional economic area partnership (REAP) shall evaluate and present a report on the effectiveness of this program to the house of representatives committee on appropriations and the senate committee on ways and means. Commencing with the regular session in 2008, the regional economic area partnership (REAP) shall prepare and submit a report on the expenditures of the state annual grant and local matching moneys under the program and the results obtained for such expenditures to the legislature at the beginning of each regular session.
(d) During the interim between regular sessions of the legislature, commencing with the 2006 legislative interim period, the legislative budget committee shall study and review the activities of the regional economic area partnership (REAP) under the program to provide more air flight options, more competition for air travel and affordable air fares for Kansas, including a regional airport in western Kansas.
(e) All expenditures from the state affordable airfare administrative fee fund shall be for the purpose of recovering costs incurred by the secretary in the course of administering the state affordable airfare fund and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.
History: L. 2006, ch. 138, § 1; L. 2016, ch. 109, § 4; July 1.
(a) There is hereby created in the state treasury the Kansas economic opportunity initiatives fund. Subject to acts of the legislature applicable thereto, the moneys in the Kansas economic opportunity initiatives fund shall be used only for the purposes prescribed by this section.
(b) All expenditures made pursuant to this act shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the governor or the governor's designee. The governor may approve a warrant upon certification, by the secretary of commerce, that an economic emergency or unique opportunity exists which warrant funding for a strategic economic intervention by such state agency or agencies to address expenses involved in securing economic benefits or avoiding or remedying economic losses related to:
(1) A major expansion of an existing Kansas commercial enterprise;
(2) the potential location in Kansas of the operations of a major employer;
(3) the award of a significant federal or private sector grant which has a financial matching requirement;
(4) the departure from Kansas or the substantial reduction of the operations of a major employer; and
(5) the closure or the substantial reduction of a major federal or state institution or facility.
(c) An intervention strategy may include financial assistance in the form of grants, loans or both. The department of commerce shall adopt written guidelines concerning the terms and conditions of any such loans. However, all repaid funds shall be credited to the Kansas economic opportunity initiatives fund. No intervention strategy approved pursuant to this act shall facilitate the moving of an existing Kansas firm to another location within the state unless such restriction is waived by the secretary of commerce. Every intervention strategy approved pursuant to this act shall identify the intended outcomes to be realized by the strategy for which funding is sought.
(d) The department of commerce shall make findings concerning the costs and benefits, on both a local and statewide basis, of projects proposed pursuant to this act. Prior to allocation of any funds pursuant to this act, the governor shall review the cost-benefit findings performed on each project.
(e) The director of the budget and the director of the legislative research department shall consult periodically and review the balance credited to and the estimated receipts to be credited to the state economic development initiatives fund during the fiscal year. During any period when the legislature is not in session, upon a finding by the director of the budget in consultation with the director of the legislative research department that the total of the unencumbered balance and estimated receipts to be credited to the state economic development initiatives fund during a fiscal year are insufficient to fund the budgeted expenditures and transfers from the state economic development initiatives fund for the fiscal year in accordance with the provisions of appropriation acts, the director of the budget shall make a certification of such finding to the governor. Upon approval by the governor, the director of accounts and reports shall transfer the amount of moneys from the Kansas economic opportunity initiatives fund to the state economic development initiatives fund that is required, in accordance with a certification by the director of the budget under this subsection, to fund the budgeted expenditures and transfers from the state economic development initiatives fund for the fiscal year in accordance with the provisions of appropriation acts, as specified by the director of the budget pursuant to such certification.
(f) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the state economic development initiatives fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas economic opportunity initiatives fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(g) The secretary of commerce shall review annually the propriety of projects funded under this section and report the findings in writing to the governor, the committee on commerce, labor and economic development of the house of representatives and the senate commerce committee. The report to the commerce, labor and economic development committee of the house of representatives and the commerce committee of the senate under this subsection shall be made either: (1) By publishing such report on the internet and by notifying each member of the committees that the report is available and providing, as part of such notice, the uniform resource locator (URL) at which such report is available; or (2) by submitting copies of such report on CD-ROM or other electronically readable media to such committees.
History: L. 1994, ch. 258, § 1; L. 1996, ch. 205, § 9; L. 1998, ch. 149, § 1; L. 2000, ch. 157, § 7; L. 2002, ch. 151, § 5; L. 2003, ch. 154, § 57; L. 2011, ch. 104, § 14; L. 2012, ch. 65, § 9; L. 2013, ch. 134, § 11; July 1.
History: L. 1994, ch. 258, § 1; L. 1996, ch. 253, § 26; Repealed, L. 1998, ch. 149, § 2; July 1.
History: L. 1994, ch. 258, § 2; L. 1996, ch. 205, § 10; L. 2002, ch. 151, § 6; L. 2003, ch. 154, § 58; Repealed, L. 2011, ch. 116, § 15; January 1, 2012.
(a) "Institution" has the meaning ascribed thereto by K.S.A. 76-12a01, and amendments thereto.
(b) Any entity which provides services which were previously provided by an institution, but which the institution no longer provides due to the institution's closure, scheduled closure or cessation or reduction of operation due to budget reductions, shall receive top priority consideration for any business assistance program administered by the department of commerce for which the entity is eligible. Such priority shall be greater than the priority established in K.S.A. 74-50,133, and amendments thereto.
(c) The provisions of this act shall expire 12 months after closure of both Winfield state hospital and Topeka state hospital.
History: L. 1996, ch. 230, § 1; L. 2003, ch. 154, § 59; July 1.
(a) As used in this act: (1) "Business support services" means business counseling, technical assistance and business planning services provided to existing or prospective small businesses or entrepreneurs;
(2) "contributions" means and includes the donation of cash or property other than used clothing in an amount or value of $250 or more. Contributions shall be valued as follows:
(A) Stocks and bonds contributed shall be valued at the stock market price on the date of transfer;
(B) personal property items contributed shall be valued at the lesser of the item's fair market value or cost to the donor and may be inclusive of costs incurred in making the contribution. Such value shall not include sales tax;
(C) contributions of real estate are allowable for credit only when title of such real estate is in fee simple absolute and is clear of any encumbrances; and
(D) the amount of credit allowable shall be based upon the lesser of two current independent appraisals conducted by state licensed appraisers;
(3) "department" means the department of commerce;
(4) "entrepreneur" means an individual creating a new business, service or product;
(5) "region" means multi-county areas as defined by the secretary of commerce;
(6) "regional business development fund" means an authorized and audited fund that is created by taxpayer contributions, interest income and investment income and is managed by the regional foundation board of directors for the purposes of economic and leadership development in the region;
(7) "regional foundation" means any organization in Kansas that demonstrates capacity to provide economic development services to regions as defined by this act, and: (A) Has obtained a ruling from the internal revenue service of the United States department of treasury that such organization is exempt from income taxation under the provisions of section 501(c)(3) or 501(c)(6) of the federal internal revenue code;
(B) has been designated as a certified development company by the United States small business administration;
(C) has been designated as an economic development district by the United States department of commerce's economic development administration;
(D) has been organized as a regional planning commission under K.S.A. 12-744 et seq., and amendments thereto, or its predecessor, K.S.A. 12-716 et seq., and amendments thereto; or
(E) is incorporated in the state of Kansas as a nonstock, nonprofit corporation;
(8) "regional leadership development" means training and education that enable a region to develop community leadership that strengthens the economic and social environment in that region;
(9) "rural community" means any city having a population of fewer than 50,000 or except as otherwise provided, any unincorporated area. Unincorporated areas within any county having a population of more than 100,000 are not eligible;
(10) "secretary" means the secretary of the department of commerce;
(11) "small business" means an independently owned and operated business having fewer than 100 full-time equivalent employees;
(12) "taxpayer" means: (A) Any business entity authorized to do business in the state of Kansas which is subject to the state income tax imposed by the provisions of the Kansas income tax act;
(B) any individual subject to the state income tax imposed by the provisions of the Kansas income tax act;
(C) any national banking association, state bank, trust company or savings and loan association paying an annual tax on its net income pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated; or
(D) any insurance company paying the premium tax and privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto; and
(13) "technology improvements" means a project that results in the ability of the region to enhance service in areas, including broadband access, web site creation, wireless internet services, computer programming, computer servers, computer networks, computer databases, electronic training modules, electronic media and any other technological areas deemed eligible by the secretary.
(b) For taxable years commencing after December 31, 2004, any taxpayer contributing to a regional foundation designated by the secretary of commerce, shall be allowed a credit, as provided in this act, against the tax imposed by the Kansas income tax act, the tax on net income of national banking associations, state banks, trust companies or savings and loan associations imposed under article 11 of chapter 79 of the Kansas Statutes Annotated, or the premium tax or privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto, if the proposal of the regional foundation is approved pursuant to this act.
(c) (1) On December 31, 2007, June 30, 2008, and each June 30 thereafter, each regional foundation shall transfer 5% of funds raised in the previous fiscal year from the marketing of the rural business tax credits to be credited to the enterprise facilitation fund created in K.S.A. 74-50,155, and amendments thereto.
(2) The secretary of commerce may adopt rules and regulations for the disbursement of regional foundation funds to the enterprise facilitation fund.
(d) (1) The secretary of commerce is hereby authorized to adopt rules and regulations for establishing criteria for evaluating proposals to designate regional foundations as defined by this act with the assistance of the secretary of revenue.
(2) The proposal shall set forth the program to be conducted, why the program is needed, the estimated amount to be invested in the program, composition of the board that shall be making investment decisions, policies stating the organization shall offer services to all counties in that region and the plans for implementing the program.
(3) The secretary of commerce shall select regional foundations pursuant to rules and regulations adopted pursuant to subsection (d)(1) to use the sale of credits to establish regional business development funds.
(4) The total amount of credits allowed under this act shall not exceed $2,500,000 for fiscal year 2005; $2,500,000 for fiscal year 2006; $2,000,000 per year for fiscal years 2007 through, and including, 2010, and fiscal year 2012, and $1,800,000 for fiscal year 2011. Each region as defined by this act shall receive an equal share of this allocation.
(5) Any credits not sold by such regional foundations shall be reclaimed by the secretary from such region and redistributed to other regions that sold all credits previously issued.
(6) The secretary shall annually review and approve or disapprove the proposal of each designated regional foundation for continued eligibility for tax credits. The department of commerce retains that right to reclaim credits in such cases the regional foundation closes or there is demonstrated violation of the organization's policies. Changes to the investment policies of each regional foundation are subject to approval of the secretary.
(e) Each regional foundation shall administer a regional business development fund. The sums generated by contributions to each regional business development fund are intended to be distributed to qualified entrepreneurs for the purposes of economic and leadership development in the region. Such sums shall be allocated by each regional foundation as follows:
(1) Not less than 60% of such funds may be allocated for job creation or retention;
(2) not more than 10% of such funds shall be allocated for administrative costs in overseeing particular projects; and
(3) the remaining funds may be allocated towards other eligible activities as provided in subsection (f) in a manner that fits the region's priorities and needs.
(f) Funds in the regional business development funds may be utilized by the regional foundation for one or more of the following eligible activities:
(1) Business start-ups;
(2) business expansion;
(3) business retention;
(4) business support services;
(5) regional leadership development;
(6) technology improvements; and
(7) administrative services.
(g) All interest generated on idle funds administered by the regional foundation shall be used by the foundation's board in accordance with subsections (e) and (f).
(h) Any regional foundation may increase or decrease the allocation percentages set forth in subsection (e) only upon approval of such adjustments by the secretary.
(i) (1) The amount of credit allowed pursuant to this act, shall not exceed 75% of the total amount contributed during the taxable year by the taxpayer to a regional foundation approved pursuant to this act.
(2) If the amount of the credit allowed by this act, exceeds the taxpayer's income tax liability imposed under the Kansas income tax act, such excess amount shall be refunded to the taxpayer.
(j) The provisions of this act shall be applicable to all taxable years beginning after December 31, 2004.
History: L. 2004, ch. 112, § 70; L. 2006, ch. 201, § 1; L. 2007, ch. 184, § 1; L. 2008, ch. 173, § 6; L. 2010, ch. 123, § 1; April 29.
(a) There is hereby established in the state treasury the enterprise facilitation fund which shall be administered by the secretary of commerce. Expenditures from the fund shall be for the purpose of supporting enterprise facilitation projects within the state. All expenditures from the enterprise facilitation fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the designee of the secretary.
(b) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the enterprise facilitation fund interest earnings based on:
(1) The average daily balance of moneys in the enterprise facilitation fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(c) The secretary of commerce may adopt rules and regulations to facilitate disbursement of enterprise facilitation funds to enterprise facilitation projects according to the provisions of this section.
History: L. 2007, ch. 184, § 2; July 1.
(a) There is hereby established within and as a part of the Kansas department of agriculture the agriculture marketing and promotions program. The secretary of agriculture shall appoint a director of such program and such director shall be in the unclassified service of the Kansas civil service act. Subject to and in accordance with appropriations acts, the agriculture marketing and promotions program shall include: (1) All powers, duties and functions related to the agricultural value added center pursuant to subsections (b) and (c); (2) all powers and duties created regarding the division of markets pursuant to K.S.A. 74-530, and amendments thereto, which are hereby transferred; (3) all powers and duties created regarding registered trademarks pursuant to K.S.A. 74-540a, and amendments thereto, which are hereby transferred; (4) all powers and duties regarding the trademark fund pursuant to K.S.A. 74-540b, and amendments thereto, which are hereby transferred; and (5) all powers and duties created regarding expenditures and moneys credited to the market development fund pursuant to K.S.A. 74-540c, and amendments thereto, which are hereby transferred.
(b) The objectives of the agricultural value added center within the agriculture marketing and promotions program shall include, but not be limited to, providing technical assistance to existing and potential value added facilities, including incubator facilities; developing a network for collecting and distributing information to individuals involved in value added processing in Kansas; initiating pilot plant facilities to act as research and development laboratories for existing and potential small scale value added processing endeavors in Kansas; providing technical assistance to new agricultural value added businesses; developing and promoting communication and cooperation among private businesses; state government agencies and public and private colleges and universities in Kansas; establishing research and development programs in technologies that have value added commercial potential for food and nonfood agricultural products achieving substantial and sustainable continuing growth for the Kansas economy through value added products from agriculture; serving as a catalyst for industrial agriculture through technological innovation in order to expand economic opportunity for all Kansas communities; establishing an industrial agriculture industry for the state of Kansas; commercializing the developed industrial agriculture technology in smaller communities and the rural areas of Kansas; and developing investment grade agriculture value added technologies and products.
(c) Subject to the provisions of appropriations acts, the functions of the agricultural value added center within the agriculture marketing and promotions program shall include, but not be limited to, developing a market referral program, matching distribution to buyers in coordination with other state agencies concerned with marketing Kansas products; assisting private entrepreneurs in the establishment of facilities and markets for new agricultural value added endeavors; and introducing coordinated programs to develop marketing skills of existing agricultural value adding processors in Kansas.
(d) (1) It shall be the duty of the agriculture marketing and promotions program to perform acts and to do, or cause to be done, those things which are designed to lead to the more advantageous marketing of agricultural products of Kansas. For these purposes the division may:
(A) Investigate the subject of marketing farm products;
(B) promote their sales distribution and merchandising;
(C) furnish information and assistance to the public;
(D) study and recommend efficient and economical methods of marketing;
(E) provide for such studies and research as may be deemed necessary and proper;
(F) gather and diffuse timely and useful information concerning the supply, demand, prevailing prices and commercial movement of farm products including quantity in common storage and cold storage, in cooperation with other public or private agencies;
(G) conduct market development activities and assist and coordinate participation by companies, commodity organizations, trade organizations, producer organizations and other interested organizations to develop new markets and sales for Kansas agricultural commodities and food products;
(H) render assistance to any of the entities listed in subsection (G) and development activities and make a reasonable service charge for such services rendered by the division; and
(I) make agreements with other states and with the United States government, or its agencies, and accept funds from the federal government, or its agencies, or any other source for research studies, investigation, market development and other purposes related to the duties of the division.
(2) The Kansas department of agriculture shall remit all moneys received under this subsection to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the market development fund. All expenditures from such fund shall be made for any purpose consistent with this subsection and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or a person designated by the secretary.
(e) (1) In conjunction with any trademark registered by the Kansas department of agriculture, the agriculture marketing and promotions program is hereby authorized to:
(A) Promulgate policy regarding the use of any such trademark;
(B) print, reproduce or use the trademark in or on educational, promotional or other material;
(C) fix, charge and collect fees for the use of the trademark provided that the fees shall be fixed in an amount necessary to recover all direct costs associated with the production of educational, promotional and other materials associated with a trademark program; and
(D) enter into any contracts necessary to carry out the purposes of this subsection, which contracts shall not be subject to the bidding requirements of K.S.A. 75-3739, and amendments thereto.
(2) The secretary of agriculture shall remit all moneys received under this subsection to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the trademark fund. All expenditures from such fund shall be made for any purpose consistent with this subsection and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or a person designated by the secretary.
(f) On or before February 1 of each year, the agriculture marketing and promotions program shall present an oral and written report to the house and senate agriculture committees concerning the performance indicators, performance outcomes, activities and functions of the program for the previous year. Such report shall include a budget of how moneys appropriated or otherwise authorized to be expended from the state general fund or any special revenue fund for the agriculture marketing and promotions program of the Kansas department of agriculture for the previous fiscal year were spent and a projected budget of moneys appropriated or otherwise authorized to be expended from the state general fund or any special revenue fund for the agriculture marketing and promotions program of the Kansas department of agriculture for the current fiscal year. Such report shall further include the full-time equivalent number of positions financed from appropriations and allocated for the agriculture marketing and promotions program of the Kansas department of agriculture for each fiscal year.
History: L. 1996, ch. 209, § 2; L. 2001, ch. 5, § 328; L. 2003, ch. 154, § 60; L. 2011, ch. 104, § 15; L. 2012, ch. 140, § 121; July 1.
History: L. 1996, ch. 209, § 4; L. 2003, ch. 154, § 61; Repealed, L. 2012, ch. 140, § 146; July 1.
History: L. 1996, ch. 209, § 5; L. 2003, ch. 154, § 62; Repealed, L. 2012, ch. 140, § 146; July 1.
History: L. 1996, ch. 209, § 7; L. 2003, ch. 154, § 63; L. 2004, ch. 101, § 179; Repealed, L. 2012, ch. 140, § 146; July 1.
History: L. 1996, ch. 209, § 8; L. 2003, ch. 154, § 64; Repealed, L. 2012, ch. 140, § 146; July 1.
History: L. 1996, ch. 209, § 9; Repealed, L. 2012, ch. 140, § 146; July 1.
History: L. 1996, ch. 209, § 10; L. 2003, ch. 154, § 65; L. 2004, ch. 101, § 180; Repealed, L. 2012, ch. 140, § 146; July 1.
(a) There is hereby created an agriculture marketing and promotions advisory board. Members shall be appointed by the secretary of agriculture. The board shall consist of no less than nine and no more than 12 members. Each member appointed to the advisory board shall be recognized for knowledge and leadership in at least one of the following sectors: Livestock industry, commodity production, specialty crop production, local foods or farmers' markets, restaurant and food service industry, value-added or entrepreneurial agriculture, agricultural education, rural economic development, food processing, finance and banking, agricultural cooperatives and marketing or economics.
(b) Of the members first appointed to the board, the secretary of agriculture shall designate five whose terms shall expire June 30, 2014, and the remaining members' terms shall expire on June 30, 2016. After the expiration of such terms, each member shall be appointed for a term of four years until a successor is appointed and qualified.
(c) A vacancy on the board of a member shall be filled for the unexpired term by appointment by the secretary of agriculture.
(d) The board shall organize by election of a chairperson, vice-chairperson and such other officers as the board deems appropriate.
(e) The board shall advise the secretary of agriculture and the agriculture marketing and promotions program on issues and concerns of agriculture marketing, promotions and agribusiness development.
History: L. 1996, ch. 209, § 11; L. 2003, ch. 154, § 66; L. 2012, ch. 140, § 4; July 1.
History: L. 1996, ch. 209, § 27; Repealed, L. 1998, ch. 97, § 1; July 1.
Revisor's Note: Section transferred to 32-1430.
Revisor's Note: Section transferred to 32-1431.
Revisor's Note: Section transferred to 32-1432.
Revisor's Note: Section transferred to 32-1433.
Revisor's Note: Section transferred to 32-1434.
Revisor's Note: Section transferred to 32-1435.
Revisor's Note: Section transferred to 32-1436.
Revisor's Note: Section transferred to 32-1437.
Revisor's Note: Section transferred to 32-1438.
K.S.A. 74-50,181 through 74-50,196 and 74-50,197, and amendments thereto, shall be known and may be cited as the Kansas professional regulated sports act.
History: L. 2004, ch. 88, § 1; L. 2011, ch. 40, § 2; April 14.
As used in the Kansas professional regulated sports act:
(a) "Amateur mixed martial arts" means any form of martial arts or self-defense conducted on a full-contact basis in a contest without weapons and in which the contestants compete without valuable consideration.
(b) "Bout" means one match involving a regulated sport.
(c) "Boxing commissioner" means the person appointed pursuant to K.S.A. 74-50,184, and amendments thereto, who shall be devoted full time to the duties prescribed by the commission.
(d) "Commission" means the athletic commission or the commission's designee.
(e) "Contest" means a bout or a group of bouts involving licensed contestants competing in a regulated sport.
(f) "Contestant" means a person who is licensed by the commission to compete in a regulated sport.
(g) "Fund" means the athletic fee fund.
(h) "Grappling arts" means any form of grappling including, but not limited to, Brazilian jiujitsu, catch wrestling, judo, luta livre esportiva, sambo, shoot wrestling, shooto and shuai Jiao conducted on a full-contact basis in a bout or contest without weapons or striking and where contestants may compete for valuable consideration.
(i) "Noncompetitive sparring" means boxing, kickboxing or mixed martial arts where a decision is not rendered.
(j) "Pankration" means a martial art system which includes elements of karate, tae-kwon-do, jujitsu, kempo, kung-fu, wrestling, and submission grappling.
(k) "Professional boxing" means the sport of attack and defense which uses the fists and where contestants compete for valuable consideration.
(l) "Professional full-contact karate" means any form of full-contact martial arts including but not limited to full-contact kung fu, full-contact tae-kwon-do or any form of martial arts or self-defense conducted on a full-contact basis in a bout or contest without weapons and where contestants may compete for valuable consideration.
(m) "Professional kickboxing" means any form of kickboxing in which blows are delivered with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot, and where contestants compete for valuable consideration.
(n) "Professional mixed martial arts" means any form of martial arts or self-defense conducted on a full-contact basis in a bout or contest without weapons and where contestants compete for valuable consideration.
(o) "Professional wrestling" means any performance of wrestling skills and techniques by two or more professional wrestlers, to which any admission is charged. Participating wrestlers may not be required to use their best efforts in order to win. The winner may have been selected before the performance commences and contestants compete for valuable consideration.
(p) "Regulated sports" means professional boxing, sparring, professional kickboxing, professional and amateur mixed martial arts, grappling arts, pankration, professional wrestling and professional full-contact karate.
(q) "Sparring" means boxing, kickboxing, professional and amateur mixed martial arts, grappling arts, pankration, or full-contact karate for practice or as an exhibition.
History: L. 2004, ch. 88, § 2; L. 2011, ch. 40, § 3; L. 2024, ch. 15, § 67; July 1.
(a) There is hereby established within and as part of the department of commerce an athletic commission of the state of Kansas composed of five members appointed by the governor. Members of the commission shall serve at the pleasure of the governor. The members first appointed to the commission shall be appointed within 60 days after the effective date of this act. Of the members first appointed to the commission: One member shall be appointed to serve for one year, one member shall be appointed to serve for two years, two members shall be appointed to serve for three years and one member shall be appointed to serve for four years. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and qualified. Whenever a vacancy occurs in the commission, the governor shall appoint a successor for the remainder of the unexpired term.
(b) Of the members appointed to the commission: One member shall be a person licensed to practice medicine and surgery and who practices in the field of sports injuries; one member shall be an athletic director at a postsecondary educational institution; and one member shall be a chiropractor.
(c) The commission annually shall organize by electing one of its members as chairperson and one as vice-chairperson. Meetings of the commission shall be held upon call of the chairperson, or at the request of a majority of the commission.
(d) Members of the commission attending a meeting of the commission, or a subcommittee meeting authorized by such commission, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History: L. 2004, ch. 88, § 3; July 1.
(a) The commission shall appoint a boxing commissioner who shall be in the unclassified service under the Kansas civil service act and who shall devote full-time to the duties prescribed by the commission. Before appointing a person as the boxing commissioner, the commission shall request the Kansas bureau of investigation to conduct a criminal history record check and background investigation of the person. The boxing commissioner shall have no felony convictions under the laws of any state or of the United States prior to appointment or during such commissioner's employment with the commission. The boxing commissioner shall receive an annual salary fixed by the commission and approved by the governor.
(b) Before appointing a person as the boxing commissioner, the commission shall require fingerprinting of such person necessary to verify qualification for appointment in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
History: L. 2004, ch. 88, § 4; L. 2024, ch. 15, § 68; July 1.
(a) In accordance with the provisions of the Kansas civil service act, the commission may appoint such chief inspectors, inspectors, agents, clerical and administrative personnel as may be necessary to assist in performing the powers, duties and functions of the commission and the boxing commissioner.
(b) The boxing commissioner may contract with inspectors and such other persons as in the commissioner's judgment may be necessary to properly administer the provisions of this act. Such persons shall be under the direct supervision of the boxing commissioner. The boxing commissioner shall not perform duties of an inspector.
(c) The commission shall have the authority to adopt rules and regulations for the certification and payment of inspectors. The commission shall adopt such rules and regulations on or before July 1, 2012.
History: L. 2004, ch. 88, § 5; L. 2011, ch. 40, § 4; April 14.
(a) The commission shall have general charge and supervision of all regulated sports held in the state. The commission may enter into agreements with the federal bureau of investigation, the federal internal revenue service, the Kansas attorney general or any state, federal or local agency as necessary to carry out the duties of the commission under this act.
(b) The commission shall accept applications for and may issue licenses to any person, organization, corporation, partnership, limited liability company or association desiring to promote regulated sports contests if such person holds a promoter's license from an organization which has been in existence and has held meetings at regular intervals during the entire year immediately preceding the granting of the license. The commission shall accept applications and may issue licenses to referees, judges, physicians, managers, contestants, timekeepers, seconds, promoters, announcers and matchmakers for regulated sports contests. A license fee of not less than $20 shall accompany any application for licensure. Unless revoked for cause, all licenses issued under this subsection and all renewals thereof shall expire on June 30 of the year succeeding the year in which they were issued. Licenses shall be renewable from year to year upon the filing of a renewal application prior to the expiration of each such license and payment of the fee therefor.
(c) The commission shall fix and collect a fee assessed against the gross receipts of every regulated sports contest held. The fee shall be fixed in an amount which, together with all other revenues of the commission, is sufficient to pay the cost of administering and enforcing the provisions of this act, but not to exceed 5%.
(d) The commission shall fix and collect a fee assessed upon the gross revenues received by a promoter and by any media network that televises a regulated sports contest held including, but not limited to, pay-per-view or internet broadcast. The fee shall be fixed in an amount which, together with all other revenues of the commission, is sufficient to pay the cost of administering and enforcing the provisions of this act, but not to exceed 2%.
(e) The commission shall suspend or revoke any license issued by the commission for violations of this act or K.S.A. 21-1801, and amendments thereto, or rules and regulations adopted pursuant thereto.
(f) The commission shall assist promoters in developing marketing strategies for contests.
(g) For the purpose of ascertaining compliance with any of the provisions of this act or any rules and regulations adopted pursuant thereto, the commission may request a court to issue subpoenas to compel access to or for the production of any books, papers, records or memoranda in the custody or control of any licensee or officer, member, employee or agent of any licensee, or to compel the appearance of any licensee or officer, member, employee or agent of any licensee, or of any person subject to the provisions of this act. Subpoenas issued pursuant to this subsection may be served upon individuals and corporations in the same manner provided in K.S.A. 60-304, and amendments thereto, for the service of process by any officer authorized to serve subpoenas in civil actions or by the commission or an agent or representative designated by the commission. In the case of the refusal of any person to comply with any such subpoena, the commission may make application to the district court of any county where such books, papers, records, memoranda or person is located for an order to comply.
History: L. 2004, ch. 88, § 6; L. 2011, ch. 40, § 5; April 14.
(a) The commission shall adopt any rules and regulations necessary to implement the provisions of this act on or before July 1, 2012. Such rules and regulations shall include, but not be limited to, provisions concerning:
(1) The conduct of regulated sports contests, the time and place of such contests and the prices charged for admission thereto.
(2) The issuance of a license under this section and to prescribe qualifications for licensees.
(3) Fees necessary to fund the expenses and operating costs incurred in the administration and enforcement of the provisions of this act.
(4) Standards of conduct, officials required, ring size and construction, age restrictions for contestants, limitations on the number of matches in which a contestant may participate, classification of weight divisions, protective gear, selection of judges and other matter concerning regulated sports deemed necessary by the commission.
(5) The acquisition of liability insurance, indemnity coverage and surety bonds in amounts determined by the commission.
(6) Procedures and conditions for limitation, suspension and revocation of licenses.
(7) Procedures and requirements for testing for drugs and communicable diseases.
(8) The amount of any fees to be assessed upon the gross revenues received by any promoter, broadcaster, media network or distributor who electronically distributes or televises a regulated sports contest including, but not limited to, pay-per-view or internet broadcast.
(9) The requirements for full disclosure between any promoter, broadcaster, media network or distributor who electronically distributes or televises a regulated sports contest including, but not limited to, pay-per-view or internet broadcast.
(10) Any other rules and regulations deemed necessary by the commission for the administration of the televising, broadcasting or distributing of a regulated sports contest including, but not limited to, pay-per-view or internet broadcast.
(11) Any other matter deemed necessary by the commission to implement and enforce the provisions of this act.
(b) The commission may adopt rules and regulations concerning professional wrestling. Rules and regulations concerning professional wrestling may be limited to the following:
(1) Requirements that a physician or other emergency medical provider be present at the performance.
(2) Requirements that the promoter notify the commission regarding the location, date and time of a performance.
(3) The payment of fees.
(4) The acquisition of liability insurance, indemnity coverage and surety bonds in amounts determined by the commission.
(5) Any other matter deemed necessary by the commission to implement and enforce the provisions of this act.
History: L. 2004, ch. 88, § 7; L. 2011, ch. 40, § 6; April 14.
(a) There is hereby established in the state treasury the athletic fee fund to be administered by the chairperson of the commission or the chairperson's designee. All moneys received by or for the commission from fees, charges or penalties shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, who shall deposit the entire amount thereof in the state treasury to the credit of the athletic fee fund until July 1, 2007. Thereafter, 10% of each such deposit shall be credited to the state general fund and the balance shall be credited to the athletic fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the boxing commissioner or the commissioner's designee. All moneys credited to the athletic fee fund shall be expended for the administration of the powers, duties, functions and operating expenses of the commission and the boxing commissioner.
(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the athletic fee fund established in subsection (a) interest earnings based on:
(1) The average daily balance of money in the athletic fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment fund portfolio for the preceding month.
History: L. 2004, ch. 88, § 8; L. 2011, ch. 53, § 49; July 1.
The commission shall not issue any license to hold regulated sports contests in the state of Kansas, unless:
(a) Such regulated sports contests are sponsored by a promoter licensed by the commission;
(b) If required by the governing body of the city, the promoter shall obtain a resolution from the governing body to hold such contest; or if such contests are to be held in the unincorporated area of a county, if required the promoter shall obtain a resolution from the board of county commissioners of such county;
(c) such contests shall be of not more than 12 rounds of three minutes each duration for professional boxing, professional kickboxing and professional full-contact karate and not more than five rounds of five minutes each duration for professional mixed martial arts and not more than five rounds of four minutes each duration for amateur mixed martial arts; and
(d) a license fee, in an amount set by the commission, has been paid by the promoter.
History: L. 2004, ch. 88, § 9; L. 2011, ch. 40, § 7; April 14.
The decision in a regulated sports contest shall be rendered by three judges licensed by the commission.
History: L. 2004, ch. 88, § 10; July 1.
(a) In order to protect the health and welfare of the contestants, there shall be a mandatory medical suspension of any contestant who loses consciousness or who has been injured as a result of blows received to the head or body during a regulated sports contest, bout or semi-professional elimination contest. A medical suspension shall be for a period of time not to exceed 180 days. The determination of consciousness is to be made only by a physician licensed by the board of healing arts and by the commission pursuant to this act. Prior to releasing a contestant from medical suspension, the commission may require a contestant on medical suspension to undergo any medical test deemed necessary to prove such contestant is medically fit. Medical suspensions issued in accordance with this section shall not be subject to review by any court or tribunal.
(b) Any person who has been injured in such a manner that such person is unable to compete as a contestant in regulated sports in the future shall be deemed medically retired. A person with a status of medically retired shall not compete in any events governed by this act and shall not be eligible for licensure as a contestant. A determination of medical retirement shall not be subject to review by any court or tribunal.
History: L. 2004, ch. 88, § 11; July 1.
(a) Upon proper application by the boxing commissioner or the commissioner's designee, a court of competent jurisdiction may grant an injunction, restraining order or any other order as may be appropriate to enjoin a person, partnership, organization, corporation, limited liability company or association from:
(1) Promoting or offering to promote any unlicensed regulated sports contests in Kansas;
(2) advertising or offering to advertise any unlicensed regulated sports contests in Kansas;
(3) conducting or offering to conduct any unlicensed regulated sports contests in Kansas; or
(4) competing or offering to compete in any unlicensed regulated sports contests in Kansas.
(b) Any such actions shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.
(c) Any action brought under this section shall be in addition to, and not in lieu of, any penalty provided by law and may be brought concurrently with other actions to enforce this act.
History: L. 2004, ch. 88, § 12; July 1.
(a) Any person wishing to make a complaint against a licensee under this act, shall file the written complaint with the commission setting forth supporting details on a form provided by the commission. If the commission determines that the complaint warrants a hearing to ascertain whether the licensee shall be disciplined, the commission shall file a complaint as provided in the Kansas administrative procedure act. Any person holding more than one license issued by the commission and disciplined under one license will be automatically disciplined under all licenses.
(b) The commission may refuse to issue any license for one or any combination of reasons specified by this section. The commission shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of such applicant's right to file a complaint or an appeal for administrative hearing as provided in the Kansas administrative procedure act.
(c) The commission may deny, suspend, revoke or refuse renewal of any license issued under this act if the commission finds that the applicant or license holder has:
(1) Provided incorrect, misleading, incomplete or untrue information in the license application.
(2) Violated:
(A) Any provision of this act or any rule and regulation adopted thereunder; or
(B) any subpoena or order of the commission.
(3) Used any alcoholic beverage or any controlled substance before or during a bout.
(4) Has been found guilty or has entered a plea of guilty or nolo contendere in a criminal prosecution under any state or federal law for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this act, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not a sentence is imposed.
(5) Used fraud, deception, misrepresentation or bribery in securing any license issued pursuant to this act.
(6) Provided false information on applications or medical forms.
(7) Been incompetent or engaged in any misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performing of the functions or duties of any profession licensed or regulated by this act.
(8) Violated or enabled any person to violate any provision of this act or any rule and regulation adopted thereunder.
(9) Impersonated any license holder or allowed any person to use the licensee's license.
(10) Failed to put forth the best effort during a bout.
(11) Been disciplined by another state, territory, federal agency or country for any action against a holder of a license or other right to practice any profession regulated by this act upon grounds for which revocation or suspension is authorized in this state.
(12) Been adjudged mentally incompetent by a court of competent jurisdiction.
(13) Used any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation primarily is directed.
(14) Used disruptive conduct at regulated sports contests, including the use of foul or abusive language or mannerisms or threats of physical harm by any person associated with any bout or contest licensed pursuant to this act.
(15) Been issued a license based upon a mistake of fact.
(16) Used any grease, ointment, strong smelling liniment, drug which causes nausea or harmful reactions, liquid or powder or illegal substance during a regulated sports contest.
(d) Any action taken under this section which affects any license or imposes any administrative penalty shall be taken only after notice and an opportunity for a hearing conducted in accordance with the provisions of the Kansas administrative procedures act.
(e) None of the following actions shall deprive the commission of any jurisdiction or right to institute or proceed with any disciplinary proceeding against such license, to render a decision suspending, revoking or refusing to renew such license, or to establish and make a record of the facts of any violation of law for any lawful purpose:
(1) The imposition of a civil penalty under this act;
(2) the lapse or suspension of any license issued under this act by operation of law;
(3) the licensee's failure to renew any license issued under this act; or
(4) the licensee's voluntary surrender of any license issued under this act. No such disciplinary proceeding shall be instituted against any licensee after the expiration of two years from the termination of the license.
History: L. 2004, ch. 88, § 13; L. 2011, ch. 40, § 8; April 14.
A regulated sports contestant may participate in a contest in Kansas after obtaining a license from the commission. If a contestant participates in more than one profession covered by this act, such contestant shall obtain a license for each profession in which such contestant participates.
History: L. 2004, ch. 88, § 14; L. 2011, ch. 40, § 9; April 14.
Except as specifically provided by this section, contests or exhibitions for amateur boxing or sparring, amateur wrestling, amateur kickboxing and amateur full-contact karate shall be exempt from the provisions of this act. All amateur boxing or sparring, amateur wrestling, amateur kickboxing and amateur full-contact karate shall be sanctioned by a nationally-recognized amateur sanctioning body approved by the athletic commission.
History: L. 2004, ch. 88, § 15; July 1.
The promoter of any regulated sports contest shall purchase a liability insurance policy, surety bond or provide evidence of indemnity coverage in an amount determined necessary by the commission.
History: L. 2004, ch. 88, § 16; July 1.
(a) Any person who violates any provision of this act or any rule and regulation adopted hereunder may incur, in addition to any other penalty provided by law, a civil penalty in an amount fixed by the commission not to exceed $10,000 for each violation. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation. In determining the amount of the civil penalty, the commission shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs and any corrective actions taken.
(b) All civil penalties assessed under this section shall be due and payable at the time of the violation. All payment of civil penalties assessed shall be held in an escrow fund by the boxing commissioner for 30 days after service on the person upon whom the penalty is being imposed. If a person upon whom a civil penalty has been imposed appeals the assessment, such assessment shall be held in the escrow fund until the commission affirms, reverses or modifies imposing the civil penalty. Once the assessment of the civil penalty becomes a final order, the commission shall deposit the amount of such assessment in the athletic fee fund. If the person who has been assessed a civil penalty does not appeal such assessment as provided in this section, the amount of the civil penalty assessed shall be deposited in the athletic fee fund.
(c) No civil penalty shall be imposed under this section except upon the written order of the commissioner to the person upon whom the penalty is to be imposed, stating the nature of the violation, the penalty imposed and the right of the person upon whom the penalty is imposed to appeal to the commission. Within 15 days after service of the order imposing the civil penalty, the person upon whom the civil penalty has been imposed may make written request to the commission for a hearing or informal conference hearing in accordance with the provisions of the Kansas administrative procedure act. The commission shall affirm, reverse or modify the order and shall specify the reasons therefor. The decision of the commission shall be final unless review is sought under subsection (d).
(d) Any person aggrieved by an order of the commission made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(e) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the athletic fee fund.
(f) This section shall be a part of and supplemental to the Kansas professional regulated sports act.
History: L. 2011, ch. 40, § 1; April 14.
The provisions of K.S.A. 74-50,201 through 74-50,208, and amendments thereto, shall be known and may be cited as the individual development account program act.
History: L. 2005, ch. 104, § 1; April 21.
As used in this act:
(a) "Account holder" means a legal resident who is the owner of an individual development account.
(b) "Community-based organization" means any religious or charitable association or tribal entity that is approved by the department to implement the individual development account reserve fund.
(c) "Department" means the department of commerce.
(d) "Federal poverty level" means the most recent poverty income guidelines published in the calendar year by the United States department of health and human services.
(e) "Financial institution" means any bank, trust company, savings bank, credit union or savings and loan association or any other financial institution regulated by the state of Kansas, any agency of the United States or other state with an office in Kansas which is approved by the secretary to create and maintain the necessary financial instruments setting up individual development accounts for eligible families or individuals to implement this program.
(f) "Individual development account" means a financial instrument established in K.S.A. 74-50,203, and amendments thereto.
(g) "Individual development account reserve fund" means the fund created by an approved community-based organization for the purposes of funding the costs incurred in the administration of the program by the financial institutions and the community-based organizations and for providing matching funds for moneys in individual development accounts.
(h) "Matching funds" mean the moneys designated for contribution from an individual development account reserve fund to an individual development account by a community-based organization at a one-to-one ratio up to a three-to-one ratio.
(i) "Postsecondary education expenses" mean tuition and fees required for enrollment or attendance, and fees, books, supplies and equipment required for courses of instruction at an educational institution.
(j) "Program" means the Kansas individual development account program established in K.S.A. 74-50,201 through 74-50,208, and amendments thereto.
(k) "Program contributor" means a person or entity who makes a contribution to an individual development account reserve fund.
(l) "Qualified acquisition costs" mean the costs of acquiring, constructing or reconstructing a residence. The term includes any usual or reasonable settlement, financing or other closing costs.
(m) "Qualified business" means any business that does not contravene any law or public policy, as determined by the secretary.
(n) "Qualified business capitalization expenses" mean qualified expenditures for the capitalization of a qualified business pursuant to a qualified plan.
(o) "Qualified expenditures" mean expenditures included in a qualified plan, including capital, plant, equipment, working capital and inventory expenses.
(p) "Qualified first-time homebuyer" means a taxpayer, and, if married, the taxpayer's spouse, who has no present ownership interest in a principal residence during the three-year period ending on the date on which a binding contract to acquire, construct or reconstruct the principal residence to which this subsection applies is entered into.
(q) "Qualified plan" means a business plan which:
(1) Is approved by a financial institution, or by a nonprofit loan fund having demonstrated fiduciary integrity;
(2) includes a description of services or goods to be sold, a marketing plan and projected financial statements; and
(3) may require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor.
(r) "Qualified principal residence" means a principal residence, the qualified acquisition costs of which do not exceed 100% of the average area purchase price applicable to such residence.
(s) "Secretary" means the secretary of commerce.
History: L. 2005, ch. 104, § 2; April 21.
(a) There is hereby established within the department a program to be known as the individual development account program. The program shall provide eligible families and individuals with an opportunity to establish special savings accounts for moneys which may be used by such families and individuals for the purposes enumerated by K.S.A. 74-50,204, and amendments thereto.
(b) The secretary shall adopt rules and regulations and policies to implement and administer the provisions of K.S.A. 74-50,201 through 74-50,208, and amendments thereto.
(c) The secretary shall enter into contracts as deemed appropriate to carry out the provisions of this act.
(d) The department shall prepare a request for proposals from community-based organizations seeking to administer an individual development account reserve fund on a not-for-profit basis. The community-based organization proposals shall include:
(1) A requirement that the community-based organization make matching contributions to the development account of an individual account holder's or family's contributions to the individual development account;
(2) a process for including account holders in decision making regarding the investment of funds in the accounts;
(3) specifications of the population or populations targeted for priority participation in the program;
(4) a requirement that the individual account holder or the family of the account holder attend economic education seminars;
(5) a process for including economic education seminars in the individual development account program;
(6) a process for regular evaluation and review of individual development accounts to ensure program compliance by account holders; and
(7) a requirement that the community-based organization obtain an annual independent audit of the organization's administration of the provisions of K.S.A. 74-50,201 through 74-50,208, and amendments thereto.
(e) A notice of the request for proposals shall be published once in the Kansas register at least 10 days before any action thereon.
(f) In reviewing the proposals of community-based organizations, the department shall consider the following factors:
(1) The not-for-profit status or tribal status of such community-based organization;
(2) the fiscal accountability of the community-based organization;
(3) the ability of the community-based organization to provide or raise moneys for matching contributions;
(4) the ability of the community-based organization to establish and administer an individual development reserve fund account which shall receive all contributions from program contributors;
(5) the significance and quality of proposed auxiliary services, including economic education seminars and their relationship to the goals of the individual development account program; and
(6) the percentage of funds in the reserve fund account that shall be used for administrative costs of the program.
(g) No more than 20% of all funds in the reserve fund account may be used for administrative costs of the program in the first and second years of the program, and no more than 15% of such funds may be used for administrative costs in any subsequent year. Funds deposited by account holders shall not be used for administrative costs.
History: L. 2005, ch. 104, § 3; April 21.
A family or individual whose household income is less than or equal to 200% of the federal poverty level at the time of application to an individual development account program may open an individual development account for the purpose of accumulating and withdrawing moneys for specified expenditures. The account holder may withdraw moneys from the account on the approval of the community-based organization, without penalty, for any of the following expenditures:
(a) Postsecondary educational costs for any family member paid from the account directly to an eligible educational institution as determined by the secretary;
(b) job training costs for any family member 18 years of age or older, at an accredited or licensed training program;
(c) qualified acquisition costs with respect to a qualified principal residence for a qualified first-time home buyer paid directly to the persons to whom the amounts are due;
(d) major repairs or improvements to a primary residence; or
(e) qualified business capitalization expenses paid directly to a business capitalization account which is established in a federally insured financial institution which is restricted for such expenses.
History: L. 2005, ch. 104, § 4; April 21.
(a) Financial institutions seeking to open and maintain individual development accounts approved by the secretary for account holders shall be permitted to establish individual development accounts pursuant to K.S.A. 74-50,201 through 74-50,208, and amendments thereto.
(b) A financial institution establishing an individual development account shall:
(1) Keep the account in the name of the account holder;
(2) permit deposits to be made in the account by the following, subject to the indicated conditions:
(A) The account holder; or
(B) a community-based organization on behalf of the account holder. Such a deposit may include moneys to match the account holder's deposits, up to a three-to-one match ratio;
(3) require the account to earn at least the market rate of interest; and
(4) permit the account holder to withdraw moneys upon approval of a community-based organization from the account for any of the purposes listed in subsections (a) through (e) of K.S.A. 74-50,204, and amendments thereto.
(c) The total of all deposits by the account holder into an individual development account in a calendar year shall not exceed 30% of an account holder's annual personal income not to exceed $4,000, except when necessary to comply with the emergency withdrawal provisions contained in K.S.A. 74-50,206, and amendments thereto. The total balance in an individual development account at any time shall not exceed $50,000.
History: L. 2005, ch. 104, § 5; April 21.
(a) Except as otherwise provided, account holders who withdraw moneys from an individual development account not in accordance with subsections (a) through (e) of K.S.A. 74-50,204, and amendments thereto, shall forfeit all matching moneys in the account. Account holders who withdraw moneys from an individual development account not in accordance with subsections (a) through (e) of K.S.A. 74-50,204, and amendments thereto, due to an emergency related to the illness or death of a family member of the account holder, illness of the account holder or loss of employment of the account holder, shall remain an account holder and shall not forfeit all matching moneys in the account as provided by this section as long as the balance in the individual development account reaches the amount in such account prior to such withdrawal within 12 months of the date of such withdrawal or within the number of months the account holder has been depositing funds in the individual development account, whichever occurs later.
(b) All moneys forfeited by an account holder pursuant to subsection (a) shall be returned to the individual development account reserve fund of the contributing community-based organization.
(c) In the event of an account holder's death, the account may be transferred to the ownership of a contingent beneficiary. An account holder shall name contingent beneficiaries at the time the account is established and may change such beneficiaries at any time. If the named beneficiary is deceased or otherwise cannot accept the transfer, the moneys shall be transferred to the individual development account reserve fund of the contributing community-based organization.
History: L. 2005, ch. 104, § 6; April 21.
(a) Earnings by any financial institution attributable to its individual development accounts shall be exempt from privilege taxation imposed by article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto.
(b) Any funds in an individual development account, including accrued interest, shall be disregarded when determining eligibility to receive, or the amount of, any public assistance or benefits.
History: L. 2005, ch. 104, § 7; April 21.
(a) A program contributor shall be allowed a credit against state income tax imposed under the Kansas income tax act in an amount not to exceed 75% of the contribution amount. If the amount of the credit allowed by this section exceeds the taxpayer's income tax liability imposed under the Kansas income tax act, such excess amount shall be refunded to the taxpayer. No credit pursuant to this section shall be allowed for any contribution made by a program contributor which also qualified for a community services tax credit pursuant to the provisions of K.S.A. 79-32,195 et seq., and amendments thereto.
(b) The administration of the community-based organization, with the cooperation of the participating financial institutions, shall submit the names of contributors and the total amount each contributor contributes to the individual development account reserve fund for the calendar year. The secretary of revenue shall determine the date by which such information shall be submitted to the department of revenue by the local administrator.
(c) The total tax credits authorized pursuant to this section shall not exceed $500,000 in any fiscal year.
(d) The provisions of this section shall be applicable to all taxable years commencing after December 31, 2014.
History: L. 2005, ch. 104, § 8; L. 2011, ch. 99, § 1; L. 2012, ch. 135, § 5; L. 2015, ch. 99, § 23; July 1.
(a) The secretary of commerce shall provide access to workforce training for every qualified older Kansan who desires such training. To accomplish this, the secretary, in coordination with the area agencies on aging and the older Kansans employment program, shall prepare a strategic plan and amend the state plan as appropriate, to outline the proposed delivery of training to older Kansans. Such strategic plan shall be submitted to the legislature by August 1, 2006, and thereafter whenever the state plan is amended, and shall contain the following information:
(1) How resources may be used to ensure every qualified older Kansan has access to workforce development;
(2) the minimum amount of money the department plans to spend on workforce development for older Kansans;
(3) examples of programs the department plans to implement or enhance to promote workforce development for older Kansans;
(4) specific measurable criteria that will be used to determine the effectiveness of the department's plan;
(5) designated target areas for funding and the projected source of that funding;
(6) a statement regarding the programs and training that will be provided and how such programs and training will be developed; and
(7) a plan outlining how services will be marketed so that older Kansans will be aware of their availability.
(b) For the purposes of this section:
(1) "Kansas resident" means a person who lives in Kansas.
(2) "Older Kansan" has the meaning provided in K.S.A. 75-5741, and amendments thereto.
(3) "Workforce development" means training of present, prospective or potential employees for jobs presently available or expected to be available in the future, based upon economic forecasts.
(4) "Qualified older Kansan" means an older Kansan who meets the guidelines for participating in the workforce development program.
History: L. 2006, ch. 201, § 6; July 1.
(a) The provisions of K.S.A. 74-50,210 through 74-50,219, and amendments thereto, shall be known and may be cited as the promoting employment across Kansas act.
(b) It shall be the intent of this act to foster economic development and the creation of new jobs and opportunities for the citizens of Kansas and to incentivize the location of business facilities, other operations and jobs in Kansas. The primary objective of this legislation is economic development for Kansas.
History: L. 2009, ch. 104, § 1; L. 2010, ch. 144, § 2; L. 2011, ch. 115, § 9; July 1.
As used in this act, unless the context otherwise requires:
(a) "Act" means the provisions of K.S.A. 74-50,210 through 74-50,219, and amendments thereto.
(b) "County median wage" means the median wage paid to employees located in the county where the qualified company intends to employ new employees as reported by the department of labor in its annual report for the previous year.
(c) "Department" means the department of commerce.
(d) "Expanding business" means the expansion of an existing business facility, office, department or other operation located in the state of Kansas and locating in Kansas the jobs directly related to such business facility, office, department or other operation.
(e) "High-impact project" means a business development project for which the qualified company shall meet the requirements of subsection (c) of K.S.A. 74-50,212, and amendments thereto.
(f) "Metropolitan county" means the county of Douglas, Johnson, Leavenworth, Sedgwick, Shawnee or Wyandotte.
(g) "NAICS" means the North American industry classification system.
(h) "NAICS code industry average wage" means the average wage paid to employees of companies classified in the same NAICS code as the qualified company for the region in which the qualified company intends to employ new employees as reported by the department of labor in its annual report for the previous year.
(i) "New business" means a facility, plant, division, office, department, production line, production shift or other business operations of a company that was not doing business in Kansas prior to the submission of an application for benefits under this act and that provides documentation of such to the satisfaction of the secretary.
(j) "New employee" means a person newly employed by the qualified company in the qualified company's business operating in Kansas during the taxable year for which benefits are sought under K.S.A. 74-50,212, and amendments thereto. A person shall be deemed to be so engaged if such person performs duties in Kansas in connection with the operation of the Kansas business on: (1) A regular, full-time basis; or (2) a part-time basis, provided such person is customarily performing such duties at least 20 hours per week throughout the taxable year. Employees performing functions directly related to a relocating, expanding, or new business facility, office, department or other operation shall be considered new employees.
(k) "Non-metropolitan county" means any county that is not a metropolitan county.
(l) (1) (A) "Qualified company" means any for-profit corporation, partnership or other entity making available to its full-time employees adequate health insurance coverage and paying at least 50% of the premium for such health insurance, which meets the requirements of K.S.A. 74-50,212, and amendments thereto, and submits an application for benefits meeting requirements established by the secretary.
(B) "Qualified company" also includes any not-for-profit corporation which locates within the state of Kansas a regional, national or international headquarters and which meets the requirements of subparagraph (A).
(2) "Qualified company" shall not include any corporation, partnership or other entity: (A) Which is identified by any of the following NAICS code groups, sectors or subsectors:
(i) Industry group 7132 or 8131;
(ii) sectors 44, 45, 61, 92 or 221 (including water and sewer services); or
(iii) subsector 722;
(B) which is a bioscience company, as defined in K.S.A. 74-99b33, and amendments thereto;
(C) which is delinquent in the payment of any nonprotested taxes or any other amounts due to the federal government, the state of Kansas or any other political taxing subdivision; or
(D) which has filed for or has publicly announced its intention to file for bankruptcy protection.
(3) Notwithstanding any provision of this subsection, except for paragraphs (2)(B), (C) and (D), a company may be deemed a qualified company if such company's headquarters or administrative offices located in this state serve an international or multi-state territory and such company meets the requirements of K.S.A. 74-50,212, and amendments thereto.
(m) "Retained job" means an existing job which will be lost without participation by the employer under the provisions of the promoting employment across Kansas act.
(n) "Secretary" means the secretary of the department of commerce.
History: L. 2009, ch. 104, § 2; L. 2010, ch. 144, § 3; L. 2011, ch. 115, § 10; July 1.
(a) In order to qualify for benefits under this act a qualified company shall:
(1) Relocate to Kansas an existing business facility, office, department or other operation doing business outside the state of Kansas and locate the jobs directly related to such relocated business facility, office, department or other operation in Kansas;
(2) locate a new business facility, office, department or other operation in Kansas and locate the jobs directly related to such business facility, office, department or other operation in Kansas; or
(3) expand an existing business facility, office, department or other operation located in the state of Kansas and locate the jobs directly related to such business facility, office, department or other operation in Kansas, except that no payroll withholding taxes shall be retained prior to January 1, 2012.
A qualified company may utilize or contract with a third-party employer to perform services whereby the third-party employer serves as the legal employer of the new employees providing services to the qualified company and such services are performed in Kansas and the third-party employer and the new employees are subject to the Kansas withholding and declaration of estimated tax act.
(b) Any qualified company, approved by the secretary for benefits pursuant to paragraph (a), that locates its business operation in a metropolitan county and will hire at least 10 new employees within two years from the date the qualified company enters into an agreement with the secretary pursuant to K.S.A. 74-50,213, and amendments thereto, or any qualified company, approved by the secretary for benefits pursuant to paragraph (a), that locates its business operation in a non-metropolitan county and will hire at least five new employees within two years from the date the qualified company enters into an agreement with the secretary pursuant to K.S.A. 74-50,213, and amendments thereto, shall: (1) Be eligible to retain 95% of the qualified company's Kansas payroll withholding taxes for such new employees being paid the county median wage or higher for a period of up to:
(A) Five years if the median wage or average wage paid to the new employees is equal to at least 100% of the county median wage;
(B) six years if the median wage or average wage paid to the new employees is equal to at least 110% of the county median wage;
(C) seven years if the median wage or average wage paid to the new employees is equal to at least 120% of the county median wage; or
(2) be eligible to retain 95% of the qualified company's Kansas payroll withholding taxes for such new employees being paid the county median wage or higher for a period of up to five years if the median wage or average wage paid to the new employees is equal to at least 100% of the NAICS code industry average wage.
(c) Any qualified company, approved by the secretary for benefits pursuant to paragraph (a), that engages in a high-impact project whereby the qualified company will hire at least 100 new employees within two years from the date the qualified company enters into an agreement with the secretary pursuant to K.S.A. 74-50,213, and amendments thereto, shall be eligible to retain 95% of the qualified company's Kansas payroll withholding taxes for such new employees being paid the county median wage or higher for a period of up to:
(1) Seven years if the median wage or average wage paid to the new employees is equal to at least 100% of the county median wage;
(2) eight years if the median wage or average wage paid to the new employees is equal to at least 110% of the county median wage;
(3) nine years if the median wage or average wage paid to the new employees is equal to at least 120% of the county median wage; or
(4) ten years if the median wage or average wage paid to the new employees is equal to at least 140% of the county median wage.
(d) In the event that a qualified company contracts with a third party as described in subsection (a), the third party shall remit payments equal to the amount of Kansas payroll withholding taxes the qualified company is eligible to retain under this section to the qualified company, and report such amount to the department of revenue as required pursuant to subsection (a) of K.S.A. 74-50,214, and amendments thereto.
(e) Commencing January 1, 2013, and ending June 30, 2018, any company, which meets the criteria provided pursuant to the provisions of K.S.A. 74-50,211, and amendments thereto, that retains the employees of an existing business unit located in Kansas and enters into an agreement with the secretary pursuant to K.S.A. 74-50,213, and amendments thereto, shall be eligible to retain 95% of the qualified company's Kansas payroll withholding taxes for such employees for a period of up to five years.
(f) (1) Commencing January 1, 2013, and ending June 30, 2018, pursuant to the provisions of subsection (e), the secretary of commerce, in the secretary's sole determination, may provide the benefits of the promoting employment across Kansas act for situations where it is deemed necessary by the secretary that the state of Kansas provide incentives for a company or its operations currently located in Kansas to remain in Kansas so as to keep its retained jobs. The secretary shall establish and verify that a prospective company has competitive alternatives that it is seriously considering and that a company's relocation may be imminent. Furthermore, the secretary shall assess:
(A) Whether the retention of the company or its operations is important to the economic vitality of the state;
(B) the area where such company or operations is located; or
(C) whether the retention of the company or its operations is important to a particular industry in the state due to any number of factors including, but not limited to, the quantity, quality or wages of the retained jobs involved.
(2) Effective January 1, 2013, and ending June 30, 2018, the secretary may use the promoting employment across Kansas act in conjunction with other economic development programs to develop a retention package.
(g) The provisions of this act as in effect prior to the effective date of this act shall apply to employers who have entered into agreements with the secretary prior to July 1, 2011. The provisions of this act shall apply to employers who enter into agreements with the secretary on and after July 1, 2011.
(h) In the event a qualified company entered into an agreement for benefits under this section prior to January 1, 2013, such qualified company may request the secretary to extend the benefit term of such agreement by a period of up to two additional years. If in the secretary's discretion it is necessary to provide the qualified company with all benefits intended under such agreement, the extension may be granted.
History: L. 2009, ch. 104, § 3; L. 2010, ch. 144, § 4; L. 2011, ch. 115, § 11; L. 2014, ch. 136, § 1; July 1.
(a) Any qualified company meeting the requirements of K.S.A. 74-50,212, and amendments thereto, may apply to the secretary for benefits under this act. The application shall be submitted on a form and in a manner prescribed by the secretary, and shall include: (1) Evidence that the applicant is a qualified company; and (2) evidence that the applicant meets the requirements of K.S.A. 74-50,212, and amendments thereto.
(b) The secretary may either approve or disapprove the application. Any qualified company whose application is approved shall be eligible to receive benefits under this act as of the date such qualified company enters into an agreement with the secretary in accordance with this section.
(c) Upon approval of an application for benefits under this act, the secretary may enter into an agreement with the qualified company for benefits under this act. If necessary, the secretary may also enter into an agreement with any third party described in subsection (a) of K.S.A. 74-50,212, and amendments thereto, or such third party may be a party to the agreement between the qualified company and the secretary. The agreement shall commit the secretary to certify to the secretary of revenue: (1) That the qualified company is eligible to receive benefits under this act; (2) the number of new employees hired by the qualified company; and (3) the amount of gross wages being paid to each new employee.
(d) The agreement between the qualified company and the secretary shall be entered into before any benefits may be provided under this act, and shall specify that should the qualified company fail to comply with the terms and conditions set forth in the agreement, or fails to comply with the provisions set forth in this act, the secretary may terminate the agreement, and the qualified company shall not be entitled to any further benefits provided under this act and shall be required to remit to the state an amount equal to the aggregate Kansas payroll withholding taxes retained by the qualified company, or remitted to the qualified company by a third party, pursuant to this act as of the date the agreement is terminated.
(e) A qualified company that is already receiving benefits pursuant to this act may apply to the secretary for additional benefits if the qualified company meets the requirements of K.S.A. 74-50,212, and amendments thereto.
(f) A qualified company seeking benefits shall be allowed to participate in the IMPACT program pursuant to K.S.A. 74-50,102 et seq., and amendments thereto, but shall not be allowed to participate in any other program in which any portion of such qualified company's Kansas payroll withholding taxes have been pledged to finance indebtedness or transferred to or for the benefit of such company. A qualified company shall not be allowed to claim any credits under K.S.A. 79-32,153, 79-32,160a or 79-32,182b, and amendments thereto, if such credits would otherwise be earned for the hiring of new employees and the qualified company has retained any Kansas payroll withholding taxes from wages of such employees. A qualified company shall not be eligible to receive benefits under K.S.A. 74-50,212, and amendments thereto, and under K.S.A. 74-50,102 et seq., and amendments thereto, for the same new employees.
(g) (1) Under no circumstances shall the total amount of benefits received by the aggregate of all expanding businesses, as such term is defined in K.S.A. 74-50,211, and amendments thereto, under this act exceed $4,800,000 in the fiscal year commencing on July 1, 2011, $6,000,000 in the fiscal year commencing on July 1, 2012, $12,000,000 in the fiscal year commencing on July 1, 2013, $18,000,000 in the fiscal year commencing on July 1, 2014, $24,000,000 in the fiscal year commencing on July 1, 2015, $30,000,000 in the fiscal year commencing on July 1, 2016, $36,000,000 in the fiscal year commencing on July 1, 2017, and $42,000,000 in any fiscal year commencing on or after July 1, 2018.
(2) Under no circumstances shall the total amount of benefits received by the aggregate of businesses under subsections (e) or (f) of K.S.A. 74-50,212, and amendments thereto, exceed $1,200,000 in the fiscal year commencing on July 1, 2012, $2,400,000 in the fiscal year commencing on July 1, 2013, $1,200,000 in the fiscal year commencing on July 1, 2014, $1,200,000 in the fiscal year commencing on July 1, 2015, $1,200,000 in the fiscal year commencing on July 1, 2016, and $1,200,000 in the fiscal year commencing on July 1, 2017.
(h) The secretary shall adopt rules and regulations necessary to implement and administer the provisions of this act.
History: L. 2009, ch. 104, § 4; L. 2010, ch. 144, § 5; L. 2011, ch. 115, § 12; L. 2014, ch. 136, § 2; July 1.
(a) Any qualified company eligible to receive benefits pursuant to K.S.A. 74-50,212, and amendments thereto, shall complete and submit to the department of revenue:
(1) The amount of Kansas payroll withholding tax being retained by the qualified company pursuant to this act in a manner prescribed by the director of taxation; and
(2) a form designed by the secretary of revenue pursuant to K.S.A. 74-50,217, and amendments thereto.
The completed form shall be submitted electronically or in the manner prescribed by the secretary of revenue.
(b) The secretary of revenue may adopt rules and regulations necessary to implement and administer the provisions of this section. The secretary of revenue and the secretary of commerce shall work together to coordinate a set of procedures to implement the provisions of this act.
History: L. 2009, ch. 104, § 5; L. 2010, ch. 144, § 6; July 1.
The secretary shall conduct an annual review of the activities undertaken by a qualified company pursuant to this act to ensure that the qualified company is in compliance with the provisions of this act, any rules and regulations adopted by the secretary with respect to this act and the agreement described in K.S.A. 74-50,213, and amendments thereto. The books and records concerning employment and wages of any employees for which the qualified company or third party has retained any Kansas payroll withholding taxes shall be available for inspection by the secretary or the secretary's duly authorized agents or employees at all times during business hours. The secretary may request the department of revenue to audit the qualified company or third party for compliance with the provisions of this act.
History: L. 2009, ch. 104, § 6; July 1.
The secretary shall transmit annually to the governor, the standing committees on taxation and assessment and commerce of the senate, the standing committees on taxation and commerce, labor and economic development of the house of representatives, or any successor committee, a report, based on information received from each qualified company receiving benefits under this act, describing the following:
(a) The names of the qualified companies;
(b) the types of qualified companies utilizing the act;
(c) the location of such companies and the location of such companies' business operations in Kansas;
(d) the number of new employees hired;
(e) the wages paid for such new employees;
(f) the annual amount of benefits provided under this act;
(g) the estimated net state fiscal impact, including the direct and indirect new state taxes derived from the new employees hired; and
(h) an estimate of the multiplier effect on the Kansas economy of the benefits received under this act.
History: L. 2009, ch. 104, § 7; L. 2013, ch. 134, § 12; July 1.
The secretary of revenue in consultation with the secretary of commerce shall develop a form which must be completed annually by any business that received any tax benefit pursuant to the promoting employment across Kansas act and amendments thereto. Such form shall be developed no later than December 31, 2010, and shall request, at a minimum, the information required by paragraphs (1), (2), (3), (4), (5) and (6) of subsection (a) of K.S.A. 79-32,243, and amendments thereto, and such other information as shall be required by the secretary of revenue and the secretary of commerce. Upon completion of the form, the business completing the form shall file the form electronically with the secretary of revenue or submit the form in the manner prescribed by the secretary of revenue. The contents of the completed form shall be confidential except as provided in K.S.A. 79-3234, and amendments thereto.
History: L. 2010, ch. 144, § 12; July 1.
The legislative post auditor shall conduct an audit of the promoting employment across Kansas act under this section in accordance with the provisions of the legislative post audit act. The audit shall focus on the effectiveness of the act in fostering economic growth, creating new jobs and promoting the location of business facilities, other operations and jobs in Kansas. Such audit shall be submitted to the legislature at the beginning of the regular session of the legislature held during 2015. The audit shall make a recommendation on the retention or adjustment of the limitation described in subsection (g) of K.S.A. 74-50,213, and amendments thereto.
History: L. 2010, ch. 144, § 13; July 1.
On and after July 1, 2014, no member of the legislature, either elected or appointed, shall while in office and within three years after the expiration of such legislator's term of office avail such person of the benefits available under the provisions of K.S.A. 74-50,212 through 74-50,216, and amendments thereto.
History: L. 2010, ch. 144, § 14; L. 2014, ch. 136, § 3; July 1.
(a) As used in this section:
(1) "Department" means the department of commerce.
(2) "Recovery zone bonds" means any recovery zone economic development bonds or recovery zone facility bonds that are allocated pursuant to Section 1400U-1 of the Internal Revenue Code of 1986, as amended.
(b) (1) The department shall allocate recovery zone bonds to counties and large municipalities in accordance with Section 1400U-1 of the Internal Revenue Code of 1986, as amended, and shall provide notice of such allocation to each county and large municipality. A county or large municipality may, at any time, waive any allocation of recovery zone bonds by providing written notice to the department. Each allocation shall be deemed waived by the county or large municipality on the sixtieth day following notice of allocation, except to the extent the county or large municipality provided the department with written notice of intent to issue recovery zone bonds stating the amount and type to be issued. Each county or large municipality shall notify the department in writing of the issuance of recovery zone bonds. Any recovery zone bonds allocated to a county or large municipality which remain unissued as of June 30, 2010, shall be recaptured by the department for reallocation.
(2) Any county or municipality may apply to the department for the allocation of additional recovery zone bonds to the extent such bonds are available due to the waiver of recovery zone bond allocations by other counties or large municipalities or the recapture of recovery zone bonds by the department as provided under paragraph (1) of this subsection. The department may reallocate such recovery zone bonds to any county or municipality as provided by rule.
(c) The department may adopt such rules and regulations as may be required for the implementation and administration of this section.
History: L. 2010, ch. 98, § 1; April 22.
(a) As used in this section:
(1) "Department" means the department of commerce.
(2) "Qualified energy conservation bonds" means any qualified energy conservation bonds that are allocated pursuant to Section 54D(e)(1) of the Internal Revenue Code of 1986, as amended.
(b) (1) The department shall allocate qualified energy conservation bonds to large local governments in accordance with Section 54D(e)(1) of the Internal Revenue Code of 1986, as amended, and shall provide notice of such allocation to each large local government. A large local government may, at any time, waive any allocation of qualified energy conservation bonds by providing written notice to the department. Each allocation shall be deemed waived by the large local government on the sixtieth day following notice of allocation, except to the extent the large local government provided the department with written notice of intent to issue qualified energy conservation bonds stating the amount and type to be issued. Each large local government shall notify the department in writing of the issuance of qualified energy conservation bonds. Any qualified energy conservation bonds allocated to a large local government which remain unissued as of June 30 of each year, shall be recaptured by the department for reallocation.
(2) Any local government may apply to the department for the allocation of additional qualified energy conservation bonds to the extent such bonds are available due to the waiver of qualified energy conservation bond allocations by other large local governments or the recapture of qualified energy conservation bonds by the department as provided under paragraph (1) of this subsection. The department may reallocate such qualified energy conservation bonds to any local government as provided by rule.
(c) The department may adopt such rules and regulations as may be required for the implementation and administration of this section.
History: L. 2010, ch. 98, § 2; April 22.
As used in K.S.A. 74-50,222, 74-50,223 and 79-32,267, and amendments thereto:
(a) "Institution of higher education" means a public or private nonprofit educational institution that meets the requirements of participation in programs under the higher education act of 1965, as amended, 34 C.F.R. § 600;
(b) "rural opportunity zone" means a county with a population of 40,000 persons or less;
(c) "secretary" means the secretary of commerce; and
(d) "student loan" means a federal student loan program supported by the federal government and a nonfederal loan issued by a lender such as a bank, savings and loan or credit union to help students and parents pay school expenses for attendance at an institution of higher education.
History: L. 2011, ch. 22, § 1; L. 2013, ch. 135, § 9; L. 2014, ch. 140, § 19; L. 2021, ch. 101, § 11; May 27.
(a) Any county that has been designated a rural opportunity zone pursuant to K.S.A. 74-50,222, and amendments thereto, may participate in the program provided in this section by authorizing such participation by the county commission of such county through a duly enacted written resolution. Such county shall provide a certified copy of such resolution to the secretary of commerce on or before January 1, 2012, for calendar year 2012, or on or before January 1 for each calendar year thereafter, in which a county chooses to participate. Such resolution shall obligate the county to participate in the program provided by this section for a period of five years, and shall be irrevocable. Such resolution shall specify the maximum amount of outstanding student loan balance for each resident individual to be repaid as provided in subsection (b), except the maximum amount of such balance shall be $15,000.
(b) If a county submits a resolution as provided in subsection (a), under the program provided in this section, subject to subsection (d), the state of Kansas and such county which chooses to participate as provided in subsection (a), shall agree to pay in equal shares the outstanding student loan balance of any resident individual who qualifies to have such individual's student loans repaid under the provisions of subsection (c) over a five-year period, except that the maximum amount of such balance shall be $15,000. The amount of such repayment shall be equal to 20% of the outstanding student loan balance of the individual in a year over the five-year repayment period. The state of Kansas is not obligated to pay the student loan balance of any resident individual who qualifies pursuant to subsection (c) prior to the county submitting a resolution to the secretary pursuant to subsection (a). Each such county shall certify to the secretary that such county has made the payment required by this subsection.
(c) A resident individual shall be entitled to have such individual's outstanding student loan balance paid for attendance at an institution of higher education where such resident individual earned an associate, bachelor or post-graduate degree under the provisions of this section when such resident individual establishes domicile in a county designated as a rural opportunity zone which participates in the program as provided in subsection (a), on and after the date in which such county commenced such participation, and prior to July 1, 2026. Such resident individual may enroll in this program in a form and manner prescribed by the secretary. Subject to subsection (d), once enrolled such resident individual shall be entitled to full participation in the program for five years, except that if the resident individual relocates outside the rural opportunity zone for which the resident individual first qualified, such resident individual forfeits such individual's eligibility to participate, and obligations under this section of the state and the county terminate. No resident individual shall enroll and be eligible to participate in this program after June 30, 2026.
(d) The provisions of this act shall be subject to appropriation acts. Nothing in this act guarantees a resident individual a right to the benefits provided in this section. The county may continue to participate even if the state does not participate.
(e) The secretary shall adopt rules and regulations necessary to administer the provisions of this section.
(f) On January 1, 2012, and annually thereafter until January 1, 2027, the secretary of commerce shall report to the senate committee on assessment and taxation and the house of representatives committee on taxation as to how many residents applied for the rural opportunity zone tax credit.
History: L. 2011, ch. 22, § 3; L. 2015, ch. 99, § 24; L. 2021, ch. 101, § 12; L. 2022, ch. 63, § 31; July 1.
(a) There is hereby created in the state treasury the job creation program fund. The secretary of commerce, in consultation with the secretary of revenue and the governor, shall administer the fund. All expenditures from the fund shall be for the purpose of promoting job creation and economic development by funding projects related to: (1) Major expansion of an existing Kansas commercial enterprise;
(2) potential location in Kansas of the operations of a major employer;
(3) award of a significant federal or private sector grant which has a financial matching requirement;
(4) potential departure from Kansas or the substantial reduction of the operations of a major Kansas employer;
(5) training or retraining activities for employees in Kansas companies;
(6) potential closure or substantial reduction of the operations of a major state or federal institution;
(7) projects in counties with at least a 10% population decline during the period from 2000 to 2010; or
(8) other unique economic development opportunities.
(b) All expenditures from the fund shall be for the purposes described in subsection (a) and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.
(c) The secretary shall annually make a report on activities of the department related to administration of the job creation program fund and the funding of projects therefor. Such report shall contain specific and aggregate information regarding all expenditures from the fund, projects receiving funds, the amount of funds expended for each project, the reason and purpose described in subsections (a)(1) through (a)(8) for which funding was approved for each project, the number and characteristics of jobs created or retained in Kansas, the number of such jobs created or retained which do not continue to exist and the circumstances and effect of such discontinuance, and any other accomplishments related thereto. The secretary shall present such report to the president of the senate, the speaker of the house, the senate minority leader, the house minority leader, the house committee on taxation, the senate committee on assessment and taxation, the senate committee on commerce and the house committee on commerce and economic development during January of each year.
History: L. 2011, ch. 116, § 1; July 1.
(a) For purposes of recovering application processing, oversight, administrative and other costs, the secretary of commerce may assess an application fee of up to $750 upon applications for economic development incentive programs administered wholly or in part by the secretary, including, but not limited to, the Kansas industrial training and retraining programs, K.S.A. 74-5065 et seq., and amendments thereto, the high performance incentive program, K.S.A. 74-50,131 et seq., and amendments thereto, the promoting employment across Kansas act, K.S.A. 74-50,210 et seq., and amendments thereto, and the job creation program fund, K.S.A. 74-50,224 et seq., and amendments thereto. The secretary may adopt rules and regulations to implement the provisions of this subsection.
(b) The secretary of commerce shall remit all moneys received by or for the secretary from such application fees and collected under this section to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the economic development incentive program application fee fund, which is hereby established in the state treasury and which may be used for costs to the department of commerce arising from administering such economic development incentive programs. All expenditures from the economic development incentive program application fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.
History: L. 2016, ch. 109, § 1; July 1.
As used in K.S.A. 2025 Supp. 74-50,226 and 74-50,227, and amendments thereto:
(a) "Administering agency" means the state agency or department charged with administering a particular economic development incentive program, as set forth by the program's enacting statute or, where no department or agency is set forth, the department of revenue.
(b) "Economic development incentive program" means:
(1) Any economic development incentive program administered wholly or in part by the secretary of commerce;
(2) any tax credit program, except for social and domestic tax credits, regardless of the administering agency;
(3) property that has been exempted from ad valorem taxation under the provisions of section 13 of article 11 of the constitution of the state of Kansas;
(4) property that has been purchased, acquired, constructed, reconstructed, improved, equipped, furnished, repaired, enlarged or remodeled with all or any part of the proceeds of revenue bonds issued under the authority of K.S.A. 12-1740 through 12-1749a, and amendments thereto, that is exempt from ad valorem taxation under K.S.A. 79-201a Second, and amendments thereto;
(5) any economic development fund, including, but not limited to, the job creation program fund established by K.S.A. 74-50,224, and amendments thereto, and the economic development initiatives fund, established by K.S.A. 79-4804, and amendments thereto; and
(6) local government-based economic development programs or incentives, including, but not limited to:
(A) Community improvement districts, K.S.A. 12-6a26 et seq., and amendments thereto;
(B) tax increment financing, K.S.A. 12-1770 et seq., and amendments thereto;
(C) business improvement districts, K.S.A. 12-1781 et seq., and amendments thereto;
(D) self-supported municipal improvement districts, K.S.A. 12-1794 et seq., and amendments thereto;
(E) neighborhood revitalization act, K.S.A. 12-17,114 et seq., and amendments thereto;
(F) downtown redevelopment act, K.S.A. 12-17,121 et seq., and amendments thereto;
(G) transportation development districts, K.S.A. 12-17,140 et seq., and amendments thereto;
(H) public improvement districts, K.S.A. 12-17,152 et seq., and amendments thereto;
(I) industrial development bonds, K.S.A. 12-3801 et seq., and amendments thereto; and
(J) any other economic development incentive offered by the local government and accepted by the recipient that may be quantified as to the value provided to the recipient, including any grant, loan, lease, land acquisition, site preparation, utilities, facilities, streets or roadways, workforce development or workforce training.
(c) "Enterprise" means a corporation, limited liability company, S corporation, partnership, registered limited liability partnership, foundation, association, nonprofit entity, sole proprietorship, business trust or other entity engaged in business.
(d) "Local government" means:
(1) Any city, county or unified government, or any subdivision thereof; or
(2) any instrumentality of a city, county or unified government, established for the purpose of economic development of such city, county or unified government, that is funded in whole or in part by such local government.
(e) "Recipient" means the enterprise, identified by the business name filed with the secretary of state, that is the original applicant for and receives proceeds from an economic development incentive program directly from the administering agency. "Recipient" includes an enterprise that is no longer solvent due to bankruptcy and a recipient with respect to an economic development project that has failed. If the "recipient" is an enterprise created primarily for the purpose of the economic development project, "recipient" includes the enterprise or enterprises, partners or principals that own or, individually or with other enterprises, have a controlling interest in the "recipient."
(f) "Searchable website or web page" means a website or web page that allows the public to search and aggregate the information identified and required to be provided by this section and K.S.A. 74-50,227, and amendments thereto, including requirements that the website or web page offer users the ability to efficiently search and display data at least by economic development incentive program, recipient and location of the economic development project by county and calculate incentive totals for each category claimed by year and be searchable by year.
(g) "Social and domestic tax credits" means the adoption credit created pursuant to K.S.A. 79-32,202a, and amendments thereto, the earned income tax credit created pursuant to K.S.A. 79-32,205, and amendments thereto, the food sales tax credit created pursuant to K.S.A. 79-32,271, and amendments thereto, the child and dependent care tax credit created pursuant to K.S.A. 79-32,111c, and amendments thereto, and the homestead property tax refund created pursuant to K.S.A. 79-4501 et seq., and amendments thereto.
(h) "Tax credit program" means any credit allowed against the tax imposed by the Kansas income tax act, the premium or privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto, or the privilege tax as measured by net income of financial institutions imposed pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2019, ch. 60, § 2; L. 2025, ch. 54, § 1; July 1.
(a) The department of commerce shall collect incentive data from economic development incentive programs that provide more than $50,000 of annual incentives from administering agencies or local governments as required by this section. Such data shall be collected from administering agencies or local governments and be stored in a database that is available to the public in a digital format. The database shall be available to access over the internet on the department of commerce's website on a permanently accessible web page that may be accessed via a conspicuous link placed on the front page of the department's website. Information included in the database shall be updated by the department of commerce at least on an annual basis and such update shall be completed prior to the end of the following fiscal year in which such incentive was earned or distributed. The database shall be a searchable website or web page that is comprehensive of all information required by this section for all years as required by this section and shall permit searches by a user of such information by economic development incentive program, county and recipient. The database shall permit the user, on one web page and by means of an easily accessible drop-down menu or other similar prompt, to select to search at least by keyword or phrase within separately identified categories of economic development incentive program, county and recipient name. The database shall be capable of calculating total incentives for each category claimed by year and be searchable by year. A search result shall include all information required by this section, and such information applicable to the search result shall be in one printable or downloadable report. In addition to such a comprehensive report, the database shall be configured to provide a summary report in response to a search when requested. The summary report shall provide the total incentives awarded to the recipient, the number of years that the incentive may be claimed, the total unencumbered incentive award that may be claimed and the total incentives that have been claimed by the recipient per year. Such information shall be produced by economic development incentive program, county and recipient name. Such summary report shall be provided to the house* committee on commerce, labor and economic development and the senate committee on commerce on or before January 31 of each year and shall disclose the most recent three years of economic incentives claimed and the total amount of funds committed by the state or the local government that are required to be paid as an incentive over the entire period of the incentive.
(b) (1) Local governments shall provide the department of commerce with all available and reasonably obtainable information required by this section for all active economic development incentive programs of such local government commenced prior to July 1, 2025, that provide more than $50,000 in value in annual incentives as provided by subsection (c). On and after July 1, 2025, requiring the provision of all information required by this section as necessary from a recipient and providing such information to the department of commerce by the local government shall be a condition of commencing or providing any incentive to a recipient pursuant to any economic development incentive program that will provide more than $50,000 in value in annual incentives. Information required by this section for programs commencing after July 1, 2025, shall be provided to the department of commerce within 45 days of the execution of an economic development incentive program agreement between the local government and the recipient. The local government shall provide updates of all applicable information required by this section to the secretary of commerce, in the manner and form as required by the secretary, at least annually and at such additional time or times as may be required by the secretary.
(2) On and after July 1, 2025, any recipient that will receive more than $50,000 in value in annual incentives from any economic development incentive program provided by a local government or any administering agency shall, as a condition of the award of such incentives, agree to provide all information required by this section to the secretary, at such times and in the form and manner as required by the secretary, for publication on the department's database as provided by this section.
(3) All information shall be provided in the form and manner as required by the secretary, except that the secretary shall make an electronic form available for local governments to report such information in a simple online format and shall only require the submission of information in digital form.
(c) The database required to be created by subsection (a) shall contain the following information, except that local governments shall provide such information as required by this section for active economic development incentive programs commenced prior to July 1, 2025, specified in section 1(b)(6)(A) through (I), and amendments thereto, to the secretary on or before July 1, 2026, and thereafter as required by this section. Local governments shall provide such information as required by this section for active economic development incentive programs commenced prior to July 1, 2025, specified in section 1(b)(6)(A) through (J) to the secretary on or before July 1, 2028, and thereafter as required by this section:
(1) User information for each economic development incentive program, including the:
(A) Names and addresses of recipients receiving benefits from the program and, for sales tax and revenue bonds issued under the STAR bond financing act, K.S.A. 12-17,162 et seq., and amendments thereto, the names of principals and officers for each project developer;
(B) annual amount of incentives claimed, distributed to or received by each recipient and any remaining balance of the total amount of incentives claimed or awarded to the recipient;
(C) qualification criteria for the economic development incentive program, including, if available, qualification criteria specific to the recipient. Qualification criteria shall include, but not be limited to, any requirements regarding the number of jobs created or the amount of initial or annual capital improvement;
(D) required benchmarks for continued participation in the economic development incentive program and progress made toward the benchmarks; and
(E) years for which the recipient has received benefits under the economic development incentive program;
(2) descriptive information for each economic development program, which shall include:
(A) A description and history of the program, including its inception date;
(B) the purpose or goals of the program and the criteria for qualification;
(C) applications for the program, if any, and relevant resources or contacts;
(D) the program cost and return on investment, including assumptions used to calculate the return on investment;
(E) the program compliance rate;
(F) annual reports, if required by statute; and
(G) evaluations of the program, if any; and
(3) annual data, which shall be organized by recipient, county and program and shall include the:
(A) Total amount of annual incentives from a program claimed or received by a recipient;
(B) total amount of incentives received by recipients in each county; and
(C) total amount of incentives distributed by each program.
(d) Data collected pursuant to this section shall be aggregated and provided by program, recipient and county.
(e) Except as otherwise provided in this subsection, and notwithstanding any information publication requirements listed in this section, no information shall be disclosed by the secretary of commerce under this section if such disclosure would:
(1) Violate any federal law;
(2) violate the confidentiality provisions of any agreement executed before July 1, 2025;
(3) in the discretion of the secretary of commerce, be detrimental to the development of a STAR bond project or jeopardize an economic development incentive program or project; or
(4) disclose the names or other personally identifying information of individuals who have made contributions or investments pursuant to the provisions of an economic development incentive program for the purpose of receiving a tax credit.
Information that is otherwise publicly available shall not be considered confidential and shall be subject to publication as provided in this section.
(f) (1) The secretary of commerce shall report in writing to the standing committee on commerce, labor and economic development of the house of representatives and the standing committee on commerce of the senate any information not disclosed by the secretary pursuant to subsection (d)(3) and the reason why the information was not disclosed. Commencing on January 31, 2026, such reports shall be made on or before January 31 of each year for such information not disclosed in the fiscal year ending the preceding June 30. Any testimony or oral presentation before the committee or discussion by the committee with respect to the report shall be considered the discussion of data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships pursuant to the provisions of K.S.A. 75-4319(b)(4), and amendments thereto, for purposes of the Kansas open meetings act, and shall be closed to the public.
(2) The report of the secretary pursuant to subsection (f)(1) shall be confidential and shall not be subject to the provisions of the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto, except that two years after the report is submitted to a legislative committee, such report shall be a public record open for inspection under the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto.
(g) The secretary may impose an administrative fee of 1% of the amount of the total incentive, not to exceed $1,000, upon each recipient of an economic development incentive program administered by the secretary for the purpose of the payment of costs incurred by the secretary for administering and maintaining the database required by this section.
History: L. 2019, ch. 60, § 3; L. 2024, ch. 75, § 4; L. 2025, ch. 54, § 2; July 1.
(a) In addition to any other reports by the secretary of commerce to the legislative post audit committee, the house committee on commerce, labor and economic development or the senate committee on commerce otherwise required by law, each year, commencing in 2020, the secretary of commerce shall make an oral presentation before the legislative post audit committee, the house committee on commerce, labor and economic development and the senate committee on commerce at mutually agreed times during the period from the commencement of the legislative session to the end of January, and shall provide a report to each such committee with respect to each economic development incentive program as defined by K.S.A. 2025 Supp. 74-50,226, and amendments thereto.
(b) The report shall include the following with respect to each economic development incentive program:
(1) A summary of the program;
(2) an annual update;
(3) an analysis of economic impact data utilizing direct, primary source or auditable data, to the extent such data is reasonably available, and excluding any tertiary or indirect effects of the economic development program; and
(4) any other information or analysis specified by the committee.
History: L. 2019, ch. 60, § 4; July 1.
K.S.A. 2025 Supp. 74-50,229 through 74-50,234, and amendments thereto, shall be known and may be cited as the Kansas apprenticeship act.
History: L. 2023, ch. 81, § 1; July 1.
For purposes of K.S.A. 2025 Supp. 74-50,229 through 74-50,234, and amendments thereto:
(a) "Act" means the Kansas apprenticeship act.
(b) "Apprentice" means a person who is a Kansas resident at least 16 years of age, except where an older minimum age standard is otherwise fixed by law, and is employed in Kansas to learn an apprenticeable occupation as defined in 29 C.F.R. § 29.4. "Apprenticeship" includes a person who is compensated by a registered apprenticeship sponsor or a registered apprenticeship intermediary but whose apprenticeable work occurs under the supervision of an eligible employer.
(c) "Apprenticeship agreement" means a written agreement, meeting the requirements of 29 C.F.R. § 29.2, between an apprentice and either the apprentice's registered program sponsor or an apprenticeship intermediary acting as an agent for the program sponsor, that contains the terms and conditions of the employment and training of the apprentice.
(d) "Apprenticeship program" means a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, as required under 29 C.F.R. § 29.4 and 29 CFR § 30, including such matters as the requirement for a written apprenticeship agreement.
(e) "Eligible employer" means a business with a physical location in Kansas, authorized to conduct business in Kansas and subject to the Kansas income tax act that employs or supervises the work of an apprentice pursuant to a registered apprenticeship agreement and in accordance with a registered apprenticeship program. "Eligible employer" may include, but not be limited to, a for-profit eligible healthcare employer.
(f) "Eligible nonprofit employer" means an organization that is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code, with a physical location in Kansas and registered, if required by law, with the secretary of state that employs or supervises the work of an apprentice pursuant to a registered apprenticeship agreement and in accordance with a registered apprenticeship program. "Eligible nonprofit employer" may include, but not be limited to, a nonprofit eligible healthcare employer.
(g) "Eligible healthcare employer" means a hospital, long-term care facility or federally qualified healthcare center with a physical location in Kansas that is engaged in providing healthcare to Kansas residents and that employs or supervises the work of an apprentice pursuant to a registered apprenticeship agreement and in accordance with a registered apprenticeship program.
(h) "Intermediary" means any person, association, business, committee or organization acting as an agent for the program sponsor, pursuant to a registered apprenticeship plan, who has registered with the secretary.
(i) "Registered apprenticeship agreement" means an apprenticeship agreement that has been accepted and recorded by the office of apprenticeship of the employment and training administration of the United States department of labor or the secretary as evidence of the apprentice's participation in a particular registered apprenticeship program.
(j) "Registered apprenticeship program" means an apprenticeship program that has been accepted and recorded by the office of apprenticeship of the employment and training administration of the United States department of labor or has been registered or approved by the secretary as meeting the basic standards and requirements of the United States department of labor for approval of such program.
(k) "Secretary" means the secretary of commerce or the secretary's designee, including the director of the office of registered apprenticeship or any successor, designated by the secretary of commerce to administer the provisions of this act.
(l) "Sponsor" means any person, association, business, committee or organization operating a registered apprenticeship program in whose name the program is registered or approved and who has registered with the secretary.
History: L. 2023, ch. 81, § 2; July 1.
(a) (1) For tax years commencing after December 31, 2022, and ending before January 1, 2026, a credit shall be allowed against the income tax liability imposed upon an eligible employer pursuant to the Kansas income tax act that employs an apprentice pursuant to a registered apprenticeship agreement and in accordance with a registered apprenticeship plan for at least all or a portion of the probationary period, as defined for that apprenticeship in the registered apprenticeship program standards, work process schedule otherwise known as appendix A or as designated by the secretary, and so employs the apprentice at the time such probationary period is completed. The tax credit shall be claimed by such eligible employer for the taxable year in which the apprentice completed the probationary period while employed by such eligible employer or the taxable year next succeeding the calendar year in which the apprentice completed the probationary period while employed by such eligible employer, as determined by the secretary and set forth in the agreement with the secretary pursuant to subsection (d). Subsequent credits may be claimed for up to three successive calendar years, or portions thereof, next succeeding the date on which the probationary period of the apprentice was met, by any eligible employer who subsequently employs such apprentice in all or a portion of such year. Such credit shall be claimed by the eligible employer for the taxable year in which the apprentice was employed or the taxable year next succeeding the calendar year in which the apprentice was employed as determined by the secretary and set forth in the agreement with the secretary as provided by subsection (d). The amount of the credit shall be up to $2,500, as determined pursuant to paragraph (2), for each apprentice so employed and may be awarded for up to 20 apprentices employed in each taxable year per eligible employer. The credit shall not be awarded for employment of the same apprentice more than four times.
(2) The secretary of revenue, in consultation with the secretary, shall establish a scale reflecting ranges of wages and other expenditures an eligible employer has invested in an apprentice and a corresponding tax credit amount and shall award the tax credit in accordance with the scale. The credit shall be approved and issued pursuant to subsection (d).
(b) For tax years commencing after December 31, 2025, a credit shall be allowed against the income tax liability imposed upon an eligible employer pursuant to the Kansas income tax act that employs an apprentice pursuant to a registered apprenticeship agreement and in accordance with a registered apprenticeship plan for a continuous period of time constituting at least 25% of the apprenticeship time period required by the registered apprenticeship program. The credit shall be taken in the tax year next succeeding the calendar year in which the employment requirement to claim the credit is met. The credit may subsequently be taken in successive tax years based on up to a cumulative total of four successive calendar years of employment for an individual apprentice. The amount of the credit shall be up to $2,750 for each apprentice employed, not to exceed 20 such credits for apprenticeships in any taxable year per eligible employer. The secretary may authorize a credit for employment of less than a full calendar year pursuant to rules and regulations adopted by the secretary of commerce. The credit shall be approved and issued pursuant to subsection (d).
(c) (1) An eligible employer may be allowed a credit as provided by paragraph (2) that shall be in addition to a credit allowed for an apprentice pursuant to subsection (b) if the apprentice:
(A) Is enrolled in a secondary or postsecondary career and technical education program;
(B) is under 18 years of age at the time the credit is claimed;
(C) has been employed by the eligible employer for at least 90 days; and
(D) is participating in:
(i) An apprenticeship program registered with the secretary and funded through the Carl D. Perkins career and technical education act of 2006, public law 109-270, as revised by the strengthening career and technical education for the 21st century act, public law 115-224;
(ii) an adult basic education and literacy program funded under title II of the workforce innovation and opportunity act, public law 113-128; or
(iii) a public workforce program funded under title I and title III of the workforce innovation and opportunity act, public law 113-128.
(2) Each such credit shall not exceed $500. The tax credit shall be claimed in the taxable year next succeeding the calendar year in which the requirements to claim the credit are met. An eligible employer shall not claim more than 10 credits under this subsection in a tax year. The credit shall be approved and issued pursuant to subsection (d).
(d) (1) Tax credits pursuant to subsections (a), (b) and (c) shall not be refundable or transferable. The credits may be claimed on a pro-rata basis by the owners of eligible employers that are entities taxed under subchapter S or K of the federal internal revenue code, limited liability companies or professional corporations authorized to do business in this state. The aggregate amount of all tax credits for all eligible employers issued pursuant to this section shall not exceed $7,500,000 each taxable year. The aggregate amount of all tax credits for all eligible employers issued pursuant to this section in addition to all grants awarded pursuant to K.S.A. 2025 Supp. 74-50,232, and amendments thereto, shall not exceed $10,000,000 each taxable year.
(2) To be eligible for a tax credit under this section, the eligible employer shall enter into an agreement regarding the employment of apprentices with the secretary on such terms and conditions as the secretary may require. The agreement shall set forth the amount per credit or amount of cumulative credits an employer may earn based on specified conditions or attainment of specified employment or training goals and any other conditions for such credits consistent with the purposes of this act. If applicable, the agreement shall set forth the relevant provisions of the scale provided by subsection (a)(2). The agreement shall also require that the eligible employer provide such information as required by the secretary or the secretary of revenue for purposes of substantiating eligibility for the tax credit, the development and expansion of apprenticeships in this state and the report required by subsection (g). Such agreements shall be made by the secretary with the goal of developing and expanding apprenticeships in this state. The secretary shall advise the secretary of revenue of the potential tax credits available to the eligible employer. The secretary shall consult with the secretary of revenue, the Kansas postsecondary technical education authority and educational institutions, technical schools, secondary schools, business or industry associations and other appropriate entities to coordinate implementation, administration and development of apprenticeship programs in this state, including through the use of tax credits as provided by this section.
(3) If an agreement as required by paragraph (2) is approved by the secretary, the eligible employer shall submit such information in the manner and form as required by the secretary and the secretary of revenue to demonstrate eligibility for the credit each tax year a credit is claimed. No tax credit shall be awarded by the secretary of revenue unless the secretary of commerce has certified the eligible employer to the secretary of revenue as having met the requirements for such credit pursuant to this section and in compliance with all federal and state requirements for the registered apprenticeship program and registered apprenticeship agreement. To receive a credit, the eligible employer shall also meet the requirements of any rules and regulations of the secretary of revenue or the secretary of commerce.
(e) The participation of an employee with an apprenticeship program under this act and registration with the secretary shall not constitute union affiliation, unless the employee expressly elects to affiliate with a union.
(f) The secretary of commerce or the secretary of revenue may adopt rules and regulations as necessary to establish standards for participation and eligibility and to implement and administer this act.
(g) The secretary shall provide an annual report before January 31 of each year to the house of representatives standing committee on commerce, labor and economic development and the senate standing committee on commerce to account for the effectiveness of the apprenticeship program under this act. The report shall include information regarding the number and type of eligible employers, eligible nonprofit employers and eligible healthcare employers the number and type of apprenticeships incentivized, the amount of tax credits and grants issued and the amounts issued per industry and per eligible employer, eligible nonprofit employers and eligible healthcare employers results of the program including information on the employment of individuals following participation in an apprenticeship program, the extent and nature of coordination and efforts with other entities to develop apprenticeship programs, the effect of such efforts and the tax credits and grants on apprenticeship program development and such other information as requested by the respective committees.
History: L. 2023, ch. 81, § 3; July 1.
(a) There is hereby established the Kansas nonprofit apprenticeship grant program. The secretary is authorized to develop and administer the program to award grants to eligible nonprofit employers and eligible nonprofit healthcare employers that employ an apprentice pursuant to a registered apprenticeship agreement and in accordance with a registered apprenticeship plan for the purpose of covering administrative costs of registered apprenticeship programs, including program development costs, costs of meeting reporting obligations and other administrative costs. To be eligible for such grants, an eligible nonprofit employer or eligible nonprofit healthcare employer shall enter into an agreement with the secretary to employ an apprentice for at least the same period of time as provided under K.S.A. 2025 Supp. 74-50,231(a)(1) or (b), and amendments thereto, as applicable at the time the apprentice is employed, for an eligible employer to receive a tax credit. As provided for eligible employers by K.S.A. 2025 Supp. 74-50,231(b), and amendments thereto, the secretary may authorize employment of an apprentice for less than a full year.
(b) Grants shall be awarded by the secretary in an amount of up to $2,750 per apprenticeship per taxable year, as determined by the secretary and set forth in the agreement pursuant to subsection (d), not to exceed four successive years. Grants shall be limited to not more than 20 per eligible nonprofit employer or per eligible nonprofit healthcare employer per taxable year.
(c) The secretary shall develop application procedures, forms and grant award terms, conditions and criteria in accordance with the purposes of the grant program. The secretary shall consult with appropriate state agencies, institutions, nonprofit organizations and associations, private healthcare associations, nonprofit Kansas healthcare providers and other appropriate entities in developing the grant program and grant award criteria and priorities. Grants shall be awarded pursuant to an agreement with the eligible nonprofit employer or eligible nonprofit healthcare employer upon such terms and conditions as the secretary may require consistent with the purposes of the program. Such terms and conditions may include program development, employment or training goals in addition to specified employment requirements with respect to an apprentice or apprentices.
(d) There is hereby established in the state treasury the Kansas nonprofit apprenticeship grant program fund to be administered by the secretary of commerce. All moneys credited to such fund shall be used to provide grants for the administration of apprenticeship programs by eligible nonprofit employers and eligible nonprofit healthcare employers in the state of Kansas as provided by this section and the administration of such fund. All expenditures from such fund shall be made in accordance with the provisions of appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.
(e) Subject to appropriation acts, on July 1, 2023, and each July 1 thereafter, the director of accounts and reports shall transfer $2,500,000 from the state general fund to the Kansas nonprofit apprenticeship grant program fund. Any unencumbered balance in such fund at the end of a fiscal year shall remain credited to the fund for use in the succeeding fiscal year, except that such unencumbered balance at the end of the fiscal year to remain credited to the fund for use in the succeeding fiscal year shall not exceed $2,500,000. On June 30, 2024, and each June 30 thereafter, the director of accounts and reports shall transfer the amount, if any, of unencumbered moneys in the fund in excess of $2,500,000 to the state general fund. The amount of all tax credits issued to all eligible employers pursuant to K.S.A. 2025 Supp. 74-50,231, and amendments thereto, in addition to the amount of all grants issued pursuant to this section, shall not exceed a total aggregate amount of $10,000,000 in each taxable year, as provided by K.S.A. 2025 Supp. 74-50,231(d)(1), and amendments thereto.
History: L. 2023, ch. 81, § 4; July 1.
For purposes of this section and K.S.A. 2025 Supp. 74-50,234, and amendments thereto:
(a) "Applicant school" means a school district organized and operating under the laws of this state, acting independently or as part of a consortia with other school districts that seeks to engage in a registered education apprenticeship program.
(b) "Candidate" means a paraeducator or other person employed by a school district who seeks to become a licensed teacher and who currently does not possess such a license.
(c) "Education apprentice" means a person who is a Kansas resident at least 16 years of age, except where an older minimum age standard is otherwise fixed by law, is a candidate, has been selected to participate in a registered education apprenticeship program by an applicant school and is employed to learn the apprenticeable occupation, as defined in 29 C.F.R. § 29.4, of teaching.
(d) "Eligible related training instruction provider" means an institution of higher education that provides a teacher preparation program and is:
(1) A state educational institution under the control and supervision of the board of regents;
(2) a municipal university;
(3) any not-for-profit institution of postsecondary education with its main campus or principal place of operation in Kansas, is operated independently and not controlled or administered by any state agency or subdivision of the state, maintains open enrollment and is accredited by a nationally recognized accrediting agency for higher education in the United States; or
(4) a not-for-profit independent institution of higher education which is accredited by an institutional accrediting agency recognized by the United States department of education, is operated independently and not controlled or administered by the state or any agency or subdivision thereof, maintains open enrollment, offers online education, offers exclusively competency-based education programs and has been granted accreditation for its teacher licensure programs by the council for the accreditation of educator preparation and the association for advancing quality in educator preparation.
(e) "Registered education apprenticeship program" means an apprenticeship program, as defined in K.S.A. 2025 Supp. 74-50,229, and amendments thereto, that is a registered apprenticeship program, as defined in K.S.A. 2025 Supp. 74-50,229, and amendments thereto, of an applicant school for the profession of teaching that provides candidates combined classroom and on the job training under the direct supervision of a licensed professional teacher and has been approved by the secretary.
(f) "Secretary" means the secretary of commerce or the secretary's designee, including the director of the office of registered apprenticeship or any successor, designated by the secretary to administer the provisions of this act.
History: L. 2023, ch. 81, § 5; July 1.
(a) There is hereby established the Kansas educator registered apprenticeship grant program. The commissioner of education, state board of education and the secretary shall coordinate to develop the program and obtain such necessary approval and registration of education apprenticeship programs as provided by federal and state law. The secretary shall administer the grant program.
(b) The Kansas educator registered apprenticeship program shall be established to award grants to education apprentices for tuition, fees, books and materials to obtain their postsecondary degrees for the purpose of increasing the number of qualified, credentialed teachers in the state of Kansas. The program shall seek to identify a diverse group of candidates to participate as education apprentices in a registered education apprenticeship program or programs and obtain a bachelor's degree in education, secure licensure and engage in the profession of teaching in Kansas. Grants shall be awarded by the secretary upon approval of the registered education apprenticeship program of an applicant school by the secretary as compliant with all applicable federal and state law.
(c) On or before March 1, 2024, the state board of education and the secretary shall coordinate to adopt rules and regulations to implement and administer the Kansas educator registered apprenticeship grant program. Such rules and regulations shall establish:
(1) Application procedures, forms and terms and conditions and requirements for an award of a Kansas educator registered apprenticeship program grant to an education apprentice by the secretary;
(2) the terms, conditions and requirements for acceptance by the secretary of an applicant school into the Kansas educator registered apprenticeship program. The applicant school's registered education apprenticeship program design shall include the following requirements:
(A) Applicant schools shall partner with at least one eligible related training instruction provider and identify such provider in their application; and
(B) applicant schools shall identify projected candidates in the manner designated by the secretary of commerce and the state board with appropriate protections for candidate privacy;
(3) grant funds shall be used for payment of education apprentice tuition, fees and the cost of books and materials up to a maximum of $2,750 per year for four years, or completion of their academic program, whichever comes first;
(4) prioritization for applications from applicant schools partnering with eligible related training instruction providers that permit the apprentice to continue their current employment by utilizing flexible learning models such as online delivery, competency-based education or courses offered on nights or weekends; and
(5) a method to award grants equitably across the state geographically.
(d) The commissioner of education, the state board of education and the secretary shall, beginning in 2025, annually evaluate the Kansas educator registered apprenticeship program grant and prepare and submit a report before January 31, 2026, and before January 31 of each year thereafter, to the senate standing committee on education and the standing committee on commerce and to the house of representatives standing committee on education and the standing committee on commerce, labor and economic development.
(e) Subject to appropriation acts, on July 1, 2023, and each July 1 thereafter, the director of accounts and reports shall transfer $3,000,000 from the state general fund to the Kansas educator registered apprenticeship grant program fund. Any unencumbered balance in such fund at the end of a fiscal year shall remain credited to the fund for use in the succeeding fiscal year, except that the amount of such unencumbered balance at the end of the fiscal year to remain credited to the fund for use in the succeeding fiscal year shall not exceed $3,000,000. On June 30, 2024, and each June 30 thereafter, the director of accounts and reports shall transfer the amount, if any, of unencumbered moneys in the fund in excess of $3,000,000 to the state general fund.
(f) There is hereby created in the state treasury the Kansas educator registered apprenticeship grant program fund, which shall be administered by the secretary. All expenditures from the Kansas educator registered apprenticeship grant program fund shall be for grants awarded pursuant to the Kansas educator registered apprenticeship grant program. All expenditures from the Kansas educator registered apprenticeship grant program fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary, or the secretary's designee. All moneys received by the secretary for the Kansas educator registered apprenticeship grant program shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas educator registered apprenticeship grant program fund.
History: L. 2023, ch. 81, § 6; July 1.
As used in this section and K.S.A. 2025 Supp. 74-50,236, and amendments thereto:
(a) "Eligible institution of higher education" means:
(1) (A) A state educational institution as defined in K.S.A. 76-711, and amendments thereto; or
(B) any private, independent college with its primary location in Kansas that is a member of the Kansas independent college association as of July 1, 2023; and
(2) that has an engineering program accredited by the accreditation board for engineering and technology.
(b) "Engineering program" or "accredited engineering program" means an engineering program accredited by the accreditation board for engineering and technology and includes, but is not limited to, a program in computer engineering or computer science.
(c) "Qualified eligible institution of higher education" means an eligible institution of higher education that has certified to the secretary that, in the immediately preceding academic year, at least the following number of students have graduated with baccalaureate degrees from an engineering program or programs with respect to each institution:
(1) Kansas state university, 586 graduates;
(2) university of Kansas, 419 graduates;
(3) Wichita state university, 360 graduates;
(4) any other state educational institution as defined in K.S.A. 76-711, and amendments thereto, with an accredited engineering program, one or more graduates; and
(5) private, independent colleges, one or more graduates.
(d) "Secretary" means the secretary of commerce.
History: L. 2023, ch. 81, § 7; July 1.
(a) There is hereby created in the state treasury the engineering graduate incentive fund. The secretary of commerce shall administer the fund. All expenditures from the fund shall be for the purpose of promoting the development of accredited postsecondary engineering programs in Kansas by providing grants that shall be matched on a $1-for-$1 basis with funds from nonstate sources to qualified eligible institutions of higher education for:
(1) Awarding scholarships to undergraduate students enrolled at such institutions in an engineering program;
(2) recruiting undergraduate students for engineering programs offered by such institutions;
(3) expanding the number of potential engineering students through engineering-related activities in secondary schools in Kansas;
(4) funding internships for undergraduate students enrolled at such institutions in an engineering program;
(5) making necessary facility improvements or equipment purchases to expand engineering program course offerings; or
(6) hiring additional faculty or enhancing faculty salaries in such an institution's engineering program.
(b) Applications for matching grants shall be made by eligible institutions of higher education to the secretary in the form and manner required by the secretary. If the secretary determines the institution is a qualified eligible institution of higher education, finds the institution has sufficient nonstate funding to match the grant requested on a $1-for-$1 basis and approves the application, the qualified eligible institution of higher education shall receive a matching grant. If sufficient moneys are available in the engineering graduate incentive fund to fully fund all approved applications, the amount of the matching grant shall be at least $20,000 for each graduate of an engineering program of the institution during the immediately preceding academic year, as determined by the secretary, in excess of the threshold requirement for qualification as a qualified eligible institution of higher education pursuant to K.S.A. 2025 Supp. 74-50,235, and amendments thereto. If sufficient moneys are not available in the engineering graduate incentive fund to fully fund all approved applications in an amount of at least $20,000 for each such graduate, the secretary shall award grants in a prorated amount so that all approved applicant qualified eligible educational institutions receive the same amount of grant money for a graduate in excess of such respective threshold. The secretary shall consult with and coordinate with eligible institutions of higher education, qualified eligible institutions of higher education, the state board of regents, or private industry in planning and developing uses for matching grant funding to achieve the purpose of this act.
(c) Qualified eligible institutions of higher education that receive a matching grant shall provide such information as requested by the secretary, excluding any information confidential under state or federal law, regarding the use of grant funds. On or before January 10, 2024, and on or before the first day of each regular session of the legislature thereafter, the secretary shall provide a written report to the house of representatives standing committee on commerce, labor and economic development, or its successor committee, and the senate standing committee on commerce, or its successor committee, on the amount and uses of grant funding by each qualified eligible educational institution of higher education that has received a matching grant and progress made toward the goal of this act.
(d) All expenditures from the engineering graduate fund* shall be for the purposes described in subsection (a) and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.
(e) No moneys appropriated to the engineering graduate incentive fund shall be expended for the acquisition or construction of any facilities.
(f) (1) On July 1, 2023, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $1,500,000 from the state general fund to the engineering graduate fund.
(2) On July 1, 2024, and on each July 1 thereafter, the secretary shall certify to the director of accounts and reports the amount of moneys expended for grants from the engineering graduate fund in the prior fiscal year. Upon receipt of such certification, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer from the state general fund to the engineering graduate fund an amount equal to twice the amount certified by the secretary of commerce, except that if such transfer would result in an unencumbered balance in the engineering graduate fund of greater than $5,000,000, the director of accounts and reports shall transfer the amount of moneys that shall result in an unencumbered balance of $5,000,000 in the engineering graduate fund on such date.
History: L. 2023, ch. 81, § 8; July 1.
The provisions of K.S.A. 2025 Supp. 74-50,235 through 74-50,237, and amendments thereto, shall expire on July 1, 2033. On July 1, 2033, the director of accounts and reports shall transfer all unencumbered moneys in the engineering graduate fund* to the state general fund. After such transfer, the engineering graduate fund shall be abolished. Upon abolishment of such fund, all liabilities of the engineering graduate fund shall be transferred to and imposed on the state general fund.
History: L. 2023, ch. 81, § 9; July 1.
(a) K.S.A. 2025 Supp. 74-50,291 through 74-50,300, and amendments thereto, shall be known and may be cited as the Kansas commission for the United States semiquincentennial act.
(b) As used in K.S.A. 2025 Supp. 74-50,291 through 74-50,300, and amendments thereto:
(1) "Act" means the Kansas commission for the United States semiquincentennial act; and
(2) "commission" means the Kansas commission for the United States semiquincentennial.
History: L. 2022, ch. 35, § 1; July 1.
(a) The Kansas commission for the United States semiquincentennial is hereby established within and as a part of the department of commerce to plan, encourage, develop and coordinate the commemoration of the 250th anniversary of the founding of the United States and to recognize the impact of this event on the people of Kansas and the nation's past, present and future.
(b) The commission shall cooperate with the United States semiquincentennial commission and various state agencies, boards, commissions, departments and political subdivisions in order to execute commemorative events and to implement educational activities, events and celebrations related to the semiquincentennial of the United States.
History: L. 2022, ch. 35, § 2; July 1.
(a) The commission shall consist of 20 voting members as follows:
(1) The secretary of commerce or the secretary's designee;
(2) the executive director of the Kansas African American affairs commission or the executive director's designee;
(3) the executive director of the Kansas Hispanic and Latino American affairs commission or the executive director's designee;
(4) the executive director of the Kansas state historical society or the executive director's designee;
(5) one member of the house of representatives to be appointed by the speaker of the house of representatives;
(6) one member of the majority party of the house of representatives to be appointed by the majority leader of the house of representatives;
(7) one member of the minority party of the house of representatives to be appointed by the minority leader of the house of representatives;
(8) one member of the senate to be appointed by the president of the senate;
(9) one member of the majority party of the senate to be appointed by the majority leader of the senate;
(10) one member of the minority party of the senate to be appointed by the minority leader of the senate;
(11) the state regent of the Kansas society daughters of the American revolution or the state regent's designee;
(12) the president of the Kansas society sons of the American revolution or the president's designee;
(13) the president of the Kansas historical foundation or the president's designee;
(14) one professor of American history from a Kansas institution of higher education, appointed by the president of the state board of regents;
(15) one teacher of American history from a public school, appointed by the state board of education;
(16) one representative appointed by the Kansas native American affairs office;
(17) the commander of the Kansas American legion or the commander's designee;
(18) the commander of the department of Kansas veterans of foreign wars or the commander's designee;
(19) the president of the sunflower sampler foundation or the president's designee; and
(20) the chairperson of the Kansas state fair board or the chairperson's designee.
(b) Members shall be appointed for the duration of the commission but shall serve only for as long as such members remain in the position that originally qualified such member for appointment.
(c) A vacancy on the commission shall not affect the powers of the commission. Each vacancy shall be filled in the same manner as the original appointment.
History: L. 2022, ch. 35, § 3; July 1.
(a) The commission shall plan, coordinate and implement a program in 2026 to commemorate the 250th anniversary of the founding of the United States. In developing the plans and overall program for the event, the commission shall:
(1) Give due consideration to related plans and programs developed by federal, state, local and private groups;
(2) hold public meetings to solicit the input of Kansas citizens throughout the state in developing programs for the semiquincentennial. The first public meeting shall be held within 90 days of the commission's first meeting and public meetings shall continue throughout the commission's existence;
(3) showcase all counties of the state;
(4) draw attention to the achievements, struggles, honors, innovations and impacts of all people in the state;
(5) clearly delineate all expenses incurred by the commission in developing the program;
(6) create a website to communicate plans for the semiquincentennial; and
(7) solicit gifts and donations from private industry, corporations and individuals to support the commission's goals.
(b) To aid in developing plans, the commission may designate special committees with representatives from groups described in K.S.A. 2025 Supp. 74-50,292(b), and amendments thereto, to plan, develop and coordinate specific activities.
History: L. 2022, ch. 35, § 4; July 1.
Meetings of the commission shall be held throughout the state at times and locations determined by the chairperson, who shall be selected by a majority vote of the commission and may serve up to two consecutive two-year terms. In the case of a national, state or local emergency, making meeting in person dangerous or impossible, the commission may meet in another manner where all participants can participate with each other at the same time, including using an electronic platform. The first meeting of the commission shall be called by the state regent of the Kansas society daughters of the American revolution or the state regent's designee. A majority of the members of the commission constitutes a quorum.
History: L. 2022, ch. 35, § 5; July 1.
(a) (1) On or before December 31, 2022, the commission shall submit a comprehensive report to the governor, the secretary of commerce, the president of the senate and the speaker of the house of representatives that contains the commission's specific recommendations for the commemoration of the 250th anniversary of the founding of the United States and related events.
(2) The report shall include:
(A) A detailed timeline of the commission's plan for the overall program through 2027;
(B) the commission's recommendations for the allocation of costs among public and private entities that provide financial and administrative assistance to the commission;
(C) the projected number of jobs created through the implementation of the commission's plan and overall program;
(D) the projected economic impact of the implementation of the commission's plan and overall program on the economy of Kansas;
(E) the geographic impact of the commission's plan and overall program on all counties of this state; and
(F) outputs and outcomes against which progress and success of the commission's plan and overall program can be measured.
(3) The commission shall make the comprehensive report available to the public on the commission's website.
(b) (1) The commission shall submit an annual report to the governor, the secretary of commerce, the speaker of the house of representatives and the president of the senate detailing the commission's activities on or before December 31, 2023, and by December 31 each year thereafter. The report shall include an accounting of funds received and expended during the year covered by the report, the outputs and outcomes achieved and whether those achievements meet the commission's plan and overall program goals.
(2) The commission shall make the annual report available to the public on the commission's website.
History: L. 2022, ch. 35, § 6; July 1.
(a) The commission may accept, use and dispose of gifts and donations of money, property or personal services. The type and quantity of gifts shall be enumerated and submitted to the Kansas public disclosure commission each quarter and shall be made available to the public on the commission's website.
(b) There is hereby established in the state treasury the Kansas commission for the United States semiquincentennial gifts and donations fund. Such fund shall be administered by the secretary of commerce. All expenditures from the Kansas commission for the United States semiquincentennial gifts and donations fund shall be for promoting the Kansas commission for the United States semiquincentennial. All expenditures from the Kansas commission for the United States semiquincentennial gifts and donations fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or the secretary's designee.
(c) On December 31, 2027, the director of accounts and reports shall transfer all moneys in the Kansas commission for the United States semiquincentennial gifts and donations fund to the operating expenditures account of the state economic development initiatives fund of the department of commerce. On December 31, 2027, all liabilities of the Kansas commission for the United States semiquincentennial gifts and donations fund shall be transferred to and imposed upon the operating expenditures account of the state economic development initiatives fund of the department of commerce. On December 31, 2027, the Kansas commission for the United States semiquincentennial gifts and donations fund shall be abolished.
History: L. 2022, ch. 35, § 7; L. 2025, ch. 65, § 23; July 1.
(a) The commission may:
(1) Procure supplies, services and property;
(2) enter into contracts;
(3) expend, in furtherance of this act, funds donated or received pursuant to contracts entered into under this act in the Kansas commission for the United States semiquincentennial gifts and donations fund; and
(4) take action as necessary to enable the commission to effectuate the purposes of this act.
(b) Any action taken pursuant to subsection (a) shall first be approved by majority vote of the commission.
History: L. 2022, ch. 35, § 8; July 1.
(a) Commission members shall not receive compensation for their work with the commission.
(b) Non-legislative citizen members of the commission shall not receive compensation, subsistence allowances, mileage or reimbursement for expenses incurred in the performance of their duties.
History: L. 2022, ch. 35, § 9; July 1.
(a) The provisions of K.S.A. 2025 Supp. 74-50,291 through 74-50,300 of this act, and amendments thereto, shall expire on December 31, 2027.
(b) Upon the expiration of the commission on December 31, 2027, any property remaining property in the possession of the commission may be donated to local municipalities or other state agencies by the secretary of commerce.
History: L. 2022, ch. 35, § 10; July 1.
Revisor's Note: Section transferred to 75-7432.
Revisor's Note: Section transferred to 75-7433.
(a) This act shall be known and may be cited as the attracting powerful economic expansion act.
(b) For purposes of the attracting powerful economic expansion act:
(1) "Act" means the attracting powerful economic expansion act, K.S.A. 2025 Supp. 74-50,311 through 74-50,324, and amendments thereto.
(2) "Applicant" means a legal entity seeking to certify as a qualified firm for the economic development benefits pursuant to this act.
(3) "Commence investment" means to begin to invest, with action being directly connected to documentation describing the project previously submitted to the department.
(4) "Commencement of commercial operations" means the date, as determined by the secretary, that the qualified business facility is first available for use by the qualified firm, or first capable of being used by the qualified firm, in the revenue producing enterprise in which the qualified firm intends to use the qualified business facility.
(5) "Commitment to invest" means one or both of the following:
(A) The qualified firm relocates assets that it already owns to Kansas from an out-of-state location; or
(B) the qualified firm enters into a written agreement that provides either party with legally enforceable remedies if the agreement is breached.
(6) "Construction" means construction, reconstruction, enlarging or remodeling for the purpose of constructing a qualified business facility.
(7) "Department" means the Kansas department of commerce.
(8) "Headquarters" means a qualified business facility that meets the following conditions:
(A) The main activity at the qualified business facility is providing direction, management, or administrative support for the operation of multiple company-owned worksites or facilities in which the applicant company has an ownership interest greater than 50%; and
(B) the qualified business facility is capable of being geographically located anywhere.
(9) "New employee" means a qualified business facility employee who is newly employed by the qualified firm or qualified supplier in the qualified firm or qualified supplier's business operating in Kansas during the taxable year for which benefits are sought. Qualified business facility employees performing functions directly related to a relocating, expanding, or new business facility, office, department or other operation shall be considered "new employees."
(10) "On-the-job training" means training situations during which a product or service that can be sold or used in internal operations is generated.
(11) "Qualified business facility" means a facility as defined in subparagraph (C) that satisfies the requirements of subparagraphs (A) and (B):
(A) Such facility is for use by the qualified firm or qualified supplier in the operation of a revenue producing enterprise, as defined in this section. Such facility shall not be considered a "qualified business facility" in the hands of the qualified firm or qualified supplier if the qualified firm's or qualified supplier's only activity with respect to such facility is to lease it to another person or persons. If the qualified firm or qualified supplier employs only a portion of such facility in the operation of a revenue producing enterprise, and leases another portion of such facility to another person or persons or does not otherwise use such other portions in the operation of a revenue producing enterprise, the portion employed by the qualified firm or qualified supplier in the operation of a revenue producing enterprise shall be considered a "qualified business facility," if the requirements of subparagraph (B) are satisfied.
(B) If such facility was acquired or leased by the qualified firm from another person or persons, the facility was not used, either immediately prior to the transfer of title to the qualified firm, or to the commencement of the term of the lease to the qualified firm, by any other person or persons in the operation of a revenue producing enterprise that is the same or substantially the same as the revenue producing enterprise continued by the qualified firm at the facility.
(C) "Facility" means any factory, mill, plant, refinery, warehouse, building or complex of buildings located within the state, including the land on which such facility is located and all machinery, equipment and other real and tangible personal property located at or within such facility used in connection with the operation of such facility. "Building" means only structures within which individuals are customarily employed or that are customarily used to house machinery, equipment or other property.
(12) (A) "Qualified business facility employee" means an individual employed by a qualified firm or a qualified supplier at a qualified business facility project site, employed full-time and scheduled to work for an average minimum of 30 hours per week, employed for at least three consecutive months on the last day of the period covered by a Kansas department of labor quarterly wage report and unemployment tax return.
(B) "Qualified business facility employee" does not include an employee at a qualified business facility project site who has not been employed for three consecutive months.
(13) "Qualified business facility investment" or "qualified investment" means the value of the real and tangible personal property, except inventory or property held for sale to customers in the ordinary course of the qualified firm's or qualified supplier's business, that constitutes the qualified business facility, or that is used by the qualified firm or qualified supplier in the operation of the qualified business facility, including such property used for administrative or managerial functions, during the taxable years for which the credit allowed by K.S.A. 2025 Supp. 74-50,312 and 74-50,313, and amendments thereto, is claimed. "Qualified business facility investment" does not include any building, land, or other real or tangible personal property that is granted, leased or transferred to the qualified firm without cost to the qualified firm. Real or tangible personal property that is granted, leased or transferred to the qualified firm at a cost of less than fair market value shall be reduced in value, for purposes of calculating the qualified business facility investment, by the difference in cost to the qualified firm and fair market value. The value of such property during such taxable year shall be:
(A) Such property's original cost if owned by the qualified firm or qualified supplier; or
(B) eight times the net annual rental rate, if leased by the qualified firm or qualified supplier. The net annual rental rate shall be the annual rental rate paid by the qualified firm or qualified supplier less any annual rental rate received by the qualified firm or qualified supplier from subrentals. The "qualified business facility investment" shall be determined by dividing by 12 the sum of the total value of such property on the last business day of each calendar month of the taxable year. Notwithstanding the provisions of this paragraph, for the purpose of computing the credit allowed by K.S.A. 2025 Supp. 74-50,313, and amendments thereto, in the case of a "qualified business facility investment" in a qualified business facility that existed and was operated by the qualified firm or qualified supplier or a related taxpayer prior to the investment, the amount of the qualified firm's or qualified supplier's investment shall be computed as follows: Such investment amount shall be reduced by the average amount, computed as provided in this paragraph, of the investment of the qualified firm or qualified supplier or a related taxpayer in the facility for the taxable year preceding the taxable year in which the "qualified business facility investment" was made in the facility.
(14) (A) "Qualified firm" means a for-profit business establishment, subject to state income, sales or property taxes, that is:
(i) Engaged in one or more of the following industries, as defined by the secretary of commerce:
(a) Advanced manufacturing;
(b) aerospace;
(c) distribution, logistics and transportation;
(d) food and agriculture; or
(e) professional and technical services;
(ii) engaged in any industry or revenue-producing activity if seeking benefits with respect to a qualified business facility that is the national corporate headquarters of the for-profit business establishment.
(B) Notwithstanding clauses (i) and (ii)*, "qualified firm" does not include a business establishment engaged in mining, swine production, ranching or gaming.
(15) "Qualified supplier" means any business that is a supplier of components, sub-assemblies, chemicals or other process-related tangible goods, is located in Kansas and that is owned by:
(A) An individual, any partnership, association, limited liability corporation or corporation domiciled in Kansas; or
(B) any business, including any business owned by an individual, any partnership, association, limited liability corporation or corporation, even if the business is a wholly owned subsidiary of a foreign corporation, that operates the qualified supplier in the state of Kansas for the purpose of supplying a qualified firm.
(16) "Revenue producing enterprise" means an enterprise that creates revenue subject to potential tax liability in this state.
(17) "Secretary" means the secretary of commerce.
(18) (A) "Total payroll cost" means the payroll amount defined by the Kansas department of labor as total wages on the quarterly wage report and unemployment tax return. For a qualified business facility, "total payroll cost" during the appropriate measurement period may be combined with any pretax earnings in which an employee has elected to direct to a:
(i) Flexible-spending plan;
(ii) deferred compensation plan; or
(iii) retirement plan that includes earnings the employee would otherwise have received in the form of taxable wages had it not been for the voluntary deferral.
(B) "Total payroll cost" does not include company-paid costs for health insurance, dental insurance and any other employee benefits that are not reported to the Kansas department of labor on the employer's quarterly wage report and unemployment tax return.
(19) "Training and education eligible expense" means the amount actually paid for training and education of the group of employees, or portion thereof, and from which the qualified firm or qualified supplier expects to derive increased productivity or quality.
(A) "Training and education eligible expense" includes instructor salaries, curriculum planning and development, travel, materials and supplies, textbooks, manuals, minor training equipment, certain training facility costs and any other expenditure that is eligible under the Kansas industrial training or the Kansas industrial retraining programs.
(B) "Training and education eligible expense" may include, subject to maximum limits determined by the secretary:
(i) Wages of employees during eligible training;
(ii) employee instructors' salaries; and
(iii) training-related travel expenses, with a maximum meals allowance of $60 per day and lodging costs of $150 per night.
(C) "Training and education eligible expense" does not include:
(i) Compensation paid to an employee trainee who is receiving on-the-job training;
(ii) compensation paid to an employee during self-training, except for time in which the employee is involved in activities related to an approved computerized course of study;
(iii) bonus pay received as compensation related to the company's financial performance or the employee's job performance, or both;
(iv) overtime pay, unless the employee is being paid at an overtime rate while participating in eligible training;
(v) operations manuals and reference manuals, except that training-specific manuals may be allowable; and
(vi) training and education costs covered by monies or grants obtained from state, federal or other government-sponsored workforce training programs.
History: L. 2022, ch. 3, § 1; February 10.
(a) There is hereby established the attracting powerful economic expansion program to be administered by the secretary of commerce. The purpose of the attracting powerful economic expansion program is to attract large capital investments by businesses engaged in specified industries in new business facilities and operations in Kansas, or large capital investments in new national headquarters in Kansas by any business, and to encourage the development of a Kansas-based supply chain for such large enterprises.
(b) A qualified firm that makes a qualified business facility investment of at least $1,000,000,000 in a qualified business facility pursuant to the requirements of this act may be eligible for the following incentives as approved by the secretary:
(1) The investment tax credit pursuant to K.S.A. 2025 Supp. 74-50,313, and amendments thereto;
(2) reimbursement of a percentage of total payroll, pursuant to K.S.A. 2025 Supp. 74-50,315 and 74-50,316, and amendments thereto;
(3) reimbursement of a percentage of eligible employee training and education expense pursuant to K.S.A. 2025 Supp. 74-50,317 and 74-50,318, and amendments thereto;
(4) a sales tax exemption for construction costs of the qualified business facility pursuant to K.S.A. 79-3606, and amendments thereto, and K.S.A. 2025 Supp. 74-50,319, and amendments thereto; and
(5) reimbursement of a percentage of relocation expenses and incentives for relocation of employees to Kansas pursuant to K.S.A. 2025 Supp. 74-50,322 and 74-50,323, and amendments thereto.
(c) To be eligible to receive an incentive listed in subsection (b), a qualified firm shall meet the requirements of this act, including any requirements or provisions specific to each such incentive, and any rules and regulations of the secretary pursuant to this act and shall:
(1) Submit an application to the secretary in the form and manner prescribed by the secretary and including all information as required by the secretary;
(2) if requested by the secretary, prior to making a commitment to invest in a qualified business facility, submit a certificate of intent to invest in the qualified business facility to the secretary in the form and manner required by the secretary, including, if requested by the secretary, a date investment will commence;
(3) commit to a qualified business investment of at least $1,000,000,000 in the qualified business facility to be completed within five years of the commitment to invest on such date specified in the agreement pursuant to paragraph (5);
(4) complete the project and commence commercial operations within five years of either the commitment to invest or the date of the agreement with the secretary made pursuant to this section, as designated by the secretary and on such date as specified in the agreement pursuant to paragraph (5);
(5) if the application is approved by the secretary, enter into a binding agreement with the secretary with such terms and conditions as required by the secretary and including the commitments required by this act. The agreement shall be entered into before any benefits may be provided under this act. The agreement shall be subject to the approval of the state finance council as provided in subsection (e). The secretary shall not enter into an agreement with more than one qualified firm in calendar year 2022 and shall not enter into an agreement with more than one qualified firm in calendar year 2023. The secretary shall not enter into an agreement with any qualified firm after December 31, 2023;
(6) obtain and submit a bond to the secretary if required as follows: The secretary shall determine a minimum investment grade rating requirement for each project of a qualified firm seeking benefits under this act. In determining the minimum investment grade rating, the secretary shall consider the aspects of the qualified firm and the qualified business facility or project and shall consult ratings from three nationally recognized rating agencies selected by the secretary that provide investment grade ratings. A qualifying firm or qualifying business facility that does not meet the minimum investment grade rating determined by the secretary shall obtain and submit a bond in an amount, as determined by the secretary, of the costs associated with the primary construction of the building or buildings of the qualified business facility to a degree of completion specified by the secretary. The bond shall be paid to the state if, in the judgment of the secretary, the qualified business facility has not been constructed to the degree specified; and
(7) commit to repayment of any benefit or benefits received, connected to or associated with a term or a condition of the agreement that has been breached as determined by the secretary and to the forfeiture of any such earned benefits and the suspension or cessation of such future benefits for as long as the breach is not corrected. The secretary shall report any material breach of the terms and conditions of the agreement to the state finance council within 14 calendar days of the secretary first becoming aware of such breach.
(d) A qualified supplier, that meets the requirements of paragraphs (1) and (2), as determined by the secretary, may be eligible for the incentives listed in subsection (b)(1), (3) or (4) or a partial retention of payroll withholding taxes for employees as provided by K.S.A. 2025 Supp. 74-50,314, and amendments thereto, upon designation by a qualified firm as eligible for incentives pursuant to paragraph (1). No benefits under K.S.A. 2025 Supp. 74-50,314 or 74-50,317, and amendments thereto, shall be awarded to the qualified supplier until the commencement of such qualified firm's operations at the qualified business facility, as determined by the secretary. If the qualified business facility fails to commence operations as required by subsection (c)(4), all incentives that may have been awarded to the qualified supplier under this act shall be forfeited and the qualified supplier shall cease to be eligible for further benefits until the requirements of this act are met with respect to the same qualified firm that has entered into a new agreement with the secretary or a different qualified firm. To be eligible to receive benefits, a qualified supplier shall meet the requirements of this act, including any requirements or provisions specific to each such incentive, and any rules and regulations of the secretary pursuant to this act and shall:
(1) Be selected by the qualified firm as a qualified supplier eligible to receive incentives under this act and identified to the secretary of commerce. Not more than five qualified suppliers may be selected by any one qualified firm. Such selection shall not be changed unless a qualified supplier selected by the qualified firm breaches the terms of an agreement under this act and is disqualified by the secretary. In such case, the qualified firm may select a replacement qualified supplier;
(2) within each period of one year for which incentives may be earned, beginning with the year in which the qualified supplier was designated as eligible for benefits by the qualified firm, have made sales, as defined by the secretary, of more than $10,000,000 to the qualified business facility. This requirement may be waived by the secretary upon a showing of exceptional circumstances;
(3) submit an application to the secretary, in the form and manner as designated by the secretary, and provide all information requested by the secretary, including, but not limited to, evidence establishing sales of more than $10,000,000 to the qualified firm for the qualified business facility as required by paragraph (2). The qualified firm shall submit evidence to the secretary as requested regarding the date operations at the qualified business facility commenced and the sales to the qualified business facility by the qualified supplier;
(4) if the application is approved by the secretary, enter into a binding agreement with the secretary with such terms and conditions as required by the secretary and the commitments required by this act, including, but not limited to, providing the secretary with evidence showing the amount of sales to the qualified firm for each year that an incentive is claimed. The agreement shall be entered into before any benefits may be provided under this act. The agreement shall be subject to the approval of the state finance council, as provided in subsection (e); and
(5) commit to repayment of the amount of all benefits received under this act in the event the qualified supplier breaches the terms and conditions of the agreement entered into pursuant to paragraph (4).
(e) Any agreement with a qualified firm or qualified supplier pursuant to this section shall not be effective unless reviewed and approved by the affirmative vote of the governor and by a majority vote of the legislative members of the state finance council prior to the finalization of the agreement by the secretary. If the state finance council does not approve the agreement, the secretary shall not enter into the agreement, but may negotiate further with the firm and submit another proposed agreement for review and approval by the council, until an agreement approved by the council is finally executed or the secretary or the firm discontinues negotiations. The state finance council shall also affirmatively approve, prior to the finalization of an agreement by the secretary, any increase of the total payroll benefit percentage, provided pursuant to K.S.A. 2025 Supp. 74-50,315, and amendments thereto, to be allowed a qualified firm above 7.5%, or such percentage greater than 7.5% shall not be effective. Prior to the finalization of an agreement by the secretary, the state finance council shall also affirmatively approve any additional portions or installments of the investment tax credit as provided by K.S.A. 2025 Supp. 74-50,315(h), and amendments thereto, otherwise such increase in the portions or installments shall not be effective. This matter is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c, and amendments thereto, except that the state finance council is expressly granted the authority to act on this matter at any time, including when the legislature is in session. The secretary of commerce or any officer or employee of the department of commerce shall appear before the state finance council to provide testimony if requested by the state finance council. Notwithstanding the provisions of the Kansas open meetings act, any review, testimony or discussion of a proposed agreement shall not be open to the public. A vote on approval of an agreement shall be made in open session. However, the details of a proposed agreement need not be disclosed publicly. With respect to the state finance council, the proposed agreement, and any associated documentation or testimony pertaining to the proposed agreement, shall be confidential and shall not be subject to the Kansas open records act. The fact that a proposed agreement or its terms or associated documents or testimony has been referenced or reviewed by the state finance council shall not make the agreement or associated documents or testimony subject to the Kansas open records act with respect to any other agency. The provisions of this paragraph providing for confidentiality of records shall expire on July 1, 2027, unless the legislature acts to reenact such provisions pursuant to K.S.A. 45-229, and amendments thereto.
(f) A qualified firm or qualified supplier that is approved by the secretary for incentives under this act shall not be eligible for participation in any other economic development program or fund administered by the secretary of commerce, including, but not limited to, the STAR bond program, the promoting employment across Kansas program, the high performance incentive program or the Kansas industrial training or Kansas industrial retraining programs.
(g) As a condition of receiving an incentive under this act, a qualified firm or qualified supplier shall agree to cooperate with any audit undertaken by the secretary of revenue as provided by subsection (i) and to provide the secretary of commerce:
(1) Information required for publication in the economic development incentive program information database pursuant to K.S.A. 2025 Supp. 74-50,226, and amendments thereto;
(2) information reasonably required for the secretary's report pursuant to K.S.A. 2025 Supp. 74-50,320, and amendments thereto;
(3) information required by the secretary of commerce or the secretary of revenue pursuant to subsections (h) and (i); and
(4) reasonable access by the secretary or the secretary's agents to the qualified business facility during business hours.
(h) (1) The secretary shall conduct an annual review of the activities undertaken by a qualified firm or qualified supplier to ensure that the qualified firm or qualified supplier remains in good standing with the state and in compliance with the provisions of this act, any rules and regulations adopted by the secretary with respect to this act and any agreement entered into pursuant to this act and continues to meet the requirements for the benefits provided under this act. The secretary of commerce shall certify annually to the secretary of revenue that the qualified firm or qualified supplier meets the criteria for designation as a qualified firm or qualified supplier and is eligible for such benefits. The secretary of commerce may obtain any and all information reasonably necessary to determine such eligibility. Such information shall be confidential to the same extent as information provided to the secretary to determine eligibility pursuant to K.S.A. 74-50,131, and amendments thereto.
(2) Confidential financial information, any trade secret or other information that, if known, would place the qualified firm at a disadvantage in the marketplace or would significantly interfere with the purposes of this act in the judgment of the secretary that is obtained under this section shall not be subject to disclosure pursuant to K.S.A. 45-215 et seq., and amendments thereto, but shall upon request be made available to the legislative post audit division. The provisions of this paragraph shall expire on July 1, 2027, unless the legislature reviews and reenacts such provisions pursuant to K.S.A. 45-229, and amendments thereto.
(i) The books and records concerning investments made, sales, employment and wages of any employees for which the qualified firm, qualified supplier or third party has retained any Kansas payroll withholding taxes or any other financial, employee or other records that pertain to eligibility for benefits or compliance with the requirements of this act shall be available for inspection by the secretary or the secretary's duly authorized agents or employees during business hours on at least 10 days' prior written notice. The secretary may request the department of revenue to audit the qualified firm or qualified supplier, or a third party if applicable, for compliance with the provisions of this act.
(j) The secretary of revenue, in consultation with the secretary of commerce, shall develop a form that shall be completed annually by any qualified firm or qualified supplier that received any tax benefit pursuant to this section and K.S.A. 2025 Supp. 74-50,313 or 74-50,314, and amendments thereto. Such form shall request, at a minimum, the information required by K.S.A. 79-32,243(a)(1) through (a)(6), and amendments thereto, and such other information as shall reasonably be required by the secretary of revenue and the secretary of commerce. The contents of the completed form shall be confidential except as provided in K.S.A. 79-3234, and amendments thereto.
(k) (1) In addition to the provisions of subsection (c)(7) and any other repayment requirement pursuant to this act, as a condition of receiving benefits under this act, a qualified firm that relocates its qualified business facility operations outside this state in the
10th through the 15th year next following the year the qualified firm entered into the agreement with the secretary pursuant to subsection (c)(5), shall be subject to a benefit repayment requirement to the state in the amount of:
(A) 100% of all benefits received if the relocation occurs in the 11th year;
(B) 80% of all benefits received if the relocation occurs in the 12th year;
(C) 60% of all benefits received if the relocation occurs in the 13th year;
(D) 40% of all benefits received if the relocation occurs in the 14th year; and
(E) 20% of all benefits received if the relocation occurs in the 15th
year.
(2) The amount due to the state shall be paid pursuant to a repayment schedule and with interest as determined by the secretary and set forth in the agreement pursuant to subsection (c)(5), but in no event shall be paid in more than 10 years.
(3) The benefit repayment requirement shall be waived if the qualified firm sells the qualified business facility to another business and the operations of the qualified business facility are substantially continued in this state by such business, as determined by the secretary of commerce.
(l) The secretary of commerce or the secretary of revenue may adopt rules and regulations for the implementation of this act.
History: L. 2022, ch. 3, § 2; February 10.
(a) (1) For taxable years commencing after December 31, 2021, a qualified firm that makes a qualified business investment in a qualified business facility and meets the requirements of K.S.A. 2025 Supp. 74-50,312, and amendments thereto, and of this section shall be allowed a credit for such investment as provided by this section against the tax imposed by the Kansas income tax act, the premium tax or privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto, or the privilege tax as measured by the net income of financial institutions imposed pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. The credit shall be earned by the taxpayer each taxable year based on the amount of the qualified investment made in that taxable year as further provided in this section. The amount of the credit that is earned each taxable year shall not be claimed by the taxpayer in the taxable year that such credit is earned but shall be divided into 10 equal portions or installments. A 1/10 portion or installment shall be claimed by the qualified firm commencing with the taxable year after the credit is earned and an equivalent amount of such portion or installment, respectively, shall be claimed in each of the next successive nine taxable years.
(2) The amount of the tax credit earned in a taxable year pursuant to this subsection shall be up to 15%, at the discretion of the secretary, of the amount of the qualified investment that is invested during such taxable year. In determining such percentage, the secretary shall consider factors including the extent of prospective new employment, the quality of new jobs and wage or salary levels, the total amount of investment, the potential for development of the industry in this state and the potential for ancillary industry development and indirect economic development. The secretary shall also consider factors pursuant to subsection (d). Such percentage shall be set forth in the agreement pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto. The total qualified investment shall be completed within five years commencing from the date specified in such agreement. The total amount of the qualified investment shall be at least $1,000,000,000. The qualified firm shall repay to the state all tax credits received if the total qualified investment is not completed.
(b) (1) For taxable years commencing after December 31, 2021, a qualified supplier that makes a qualified investment and meets the requirements of K.S.A. 2025 Supp. 74-50,312, and amendments thereto, and of this section shall be allowed a credit for such investment as provided by this section against the tax imposed by the Kansas income tax act, the premium tax or privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto, or the privilege tax as measured by the net income of financial institutions imposed pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. The credit shall be earned by the taxpayer for up to two calendar years from the date that the qualified supplier enters into the agreement with the secretary of commerce pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, unless all qualifying investment that is intended by the qualified supplier is completed before this date. The credit shall be taken in the earlier taxable year that would include either:
(A) The tax year following the two-calendar year expiration from entering into the agreement with the secretary; or
(B) the tax year after the calendar year that the qualified supplier determines completion of the tax credit eligible qualified investment.
(2) The amount of the tax credit shall be 5% for the first $50,000,000 in qualified investment and an additional 1% credit for each additional $10,000,000 in qualified investment up to a maximum of $100,000,000 in qualified investment. The amount of the credit that is earned shall be divided into ten equal portions or installments. A 1/10
portion or installment shall first be claimed commencing with the time frame set forth in paragraph (1). Such remaining portions or installments shall be claimed in each of the next successive nine taxable years.
(3) Only the first five qualified suppliers designated by a qualified firm pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, shall qualify for the credit unless a previously designated qualified supplier breaches terms of an agreement with either the qualified firm or department of commerce and is replaced by a succeeding qualified supplier. The qualified supplier that serves as replacement shall be eligible for the tax credit pursuant to this subsection.
(4) The qualified supplier shall repay to the state all tax credits received if the total qualified investment is not completed as provided pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto.
(c) The secretary of commerce shall set forth in the agreement entered into pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, a percentage of the earned tax credit that may be refundable when claimed, as provided in subsection (a) or (b). The percentage shall be determined as provided in subsection (d). Such percentage of a tax credit installment may be refundable to such taxpayer if the amount of the installment claimed for that taxable year exceeds the taxpayer's tax liability for such year. The secretary shall set forth in the agreement any additional provisions, if necessary, regarding disposition of the earned tax credits. No earned tax credit shall be refundable after the tenth successive taxable year period that a portion or installment of such credit may be claimed. An installment portion of an earned tax credit that is not refunded shall be carried forward for application first against the taxpayer's tax liability in the next successive tax year or for refund, as the case may be, within the ten taxable year period. An installment portion of an earned tax credit that has not been applied against the taxpayer's tax liability or refunded at the end of the tenth successive taxable year period that installment portions of such earned tax credit may be claimed shall be forfeited.
(d) The base percentage that may be refundable in each taxable year of the 1/10 portion of an earned tax credit that may be claimed, as provided by subsection (a), shall be 50%. The secretary may provide for an additional percentage that may be refundable up to 100% of the total eligible earned credit. The secretary shall base the additional percentage on the qualified firm meeting specified goals that shall be set forth in the agreement. Such goals shall include targets for the:
(1) Creation of new jobs, including new jobs for suppliers;
(2) benefit to the local, regional or state economy, including the development of suppliers in Kansas;
(3) amount of capital investment;
(4) benefit to the development of the qualified firm's industry in Kansas;
(5) other measures or goals, if any, of the secretary consistent with the purposes of this act; and
(6) employment, retention and attraction of employees to remain residents of, or relocate to, Kansas.
(e) The qualified firm or qualified supplier shall meet the requirements of this act, any rules and regulations of the secretary of commerce under this act and the terms of the agreement to receive a credit each year that a credit is earned or an installment portion of the earned credit is claimed. No credit shall be issued by the secretary of revenue unless the qualified firm or qualified supplier has been certified by the secretary of commerce as eligible as provided by K.S.A. 2025 Supp. 74-50,312, and amendments thereto, for each taxable year the credit is claimed. The secretary of commerce shall provide such certifications to the secretary of revenue.
(f) If the qualified firm or qualified supplier breaches the terms and conditions of the agreement pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, the qualified firm or qualified supplier shall be liable for repayment of the amount of the tax credits to the state as provided by K.S.A. 2025 Supp. 74-50,312, and amendments thereto.
(g) As a condition for claiming credits pursuant to this section, any qualified firm or qualified supplier shall provide information pursuant to K.S.A. 79-32,243, and amendments thereto, as part of the tax return in which such credits are claimed. Such credits shall not be denied solely on the basis of the contents of the information provided by the qualified firm pursuant to K.S.A. 79-32,243, and amendments thereto.
(h) Prior to finalization of an agreement pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, the state finance council may allow for a qualified firm or qualified supplier to be allowed to take one or more additional portions or installments of the tax credit that such qualified firm or qualified supplier is entitled pursuant to this subsection, as provided in K.S.A. 2025 Supp. 74-50,312(e), and amendments thereto. No additional portions or installments of the tax credit shall be allowed in any taxable year unless the requested increase in the portions or installments has been so reviewed and approved by the affirmative vote of the governor and by a majority vote of the legislative members of the state finance council. This matter is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c, and amendments thereto, except that the state finance council is expressly granted the authority to act on this matter at any time, including when the legislature is in session. Upon an affirmative vote, the qualified firm or qualified supplier shall be allowed to take the additional portions or installments of the tax credit approved by the state finance council in the taxable year in which such portions or installments were approved, as shall be set forth in the agreement pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto. The portions or installments remaining on such credit shall decrease accordingly in the event that additional portions or installments are taken by a qualified firm or qualified supplier.
History: L. 2022, ch. 3, § 3; February 10.
(a) For taxable years commencing after December 31, 2021, a qualified supplier that meets the requirements of K.S.A. 2025 Supp. 74-50,312, and amendments thereto, and this section may be eligible to retain up to 65%, as determined by the secretary, of the qualified supplier's Kansas payroll withholding taxes under the Kansas withholding and declaration of estimated tax act for the qualified supplier's employees in a taxable year that such requirements are met. This benefit shall be available for a period of up to 10 successive taxable years. In determining the percentage and number of successive years, the secretary shall, at a minimum, consider the factors set forth in K.S.A. 2025 Supp. 74-50,313(b) and (d), and amendments thereto, as applicable. Qualified suppliers that have been selected by a qualified firm for benefit eligibility, and that meet the sales amount requirement, as provided by K.S.A. 2025 Supp. 74-50,312, and amendments thereto, may be eligible to earn benefits of this section prior to the qualified firm's commencement of commercial operations at the qualified business facility. Any benefits shall only be awarded after the qualified firm that has selected the qualified supplier for benefit eligibility commences commercial operations.
(b) For purposes of the benefit under this section, a qualified supplier may utilize or contract with a third-party employer to perform services whereby the third-party employer:
(1) Serves as the legal employer of the qualified supplier's employees providing services to the qualified supplier;
(2) performs such services in Kansas; and
(3) is subject to, and the qualified supplier's employees are subject to, the Kansas withholding and declaration of estimated tax act.
(c) The qualified supplier shall submit an application to the secretary of commerce in the form and manner required by the secretary and provide all information requested by the secretary. If approved by the secretary, the qualified supplier shall enter into an agreement with the secretary, as required pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, with such terms and conditions as may be required by the secretary. In addition, the agreement shall set forth the percentage of payroll withholding taxes to be retained each year and any requirements or performance targets to receive such benefits, as determined by the secretary. If necessary, the secretary may also enter into an agreement with any third party described in subsection (b), or such third party may be a party to an agreement between the qualified supplier and the secretary.
(d) The agreement between the secretary of commerce and the qualified supplier shall specify that, if the qualified supplier breaches the terms and conditions set forth in the agreement, the qualified supplier shall be required to remit to the state an amount equal to the aggregate Kansas payroll withholding taxes retained by the qualified supplier, or remitted to the qualified supplier by a third party, as provided by K.S.A. 2025 Supp. 74-50,312, and amendments thereto.
(e) For each year that the agreement is in effect, the secretary of commerce shall certify to the secretary of revenue:
(1) That the qualified supplier is eligible to receive benefits under this act and the terms of the agreement;
(2) the number of employees;
(3) the amount of gross wages being paid to each such employee; and
(4) the percentage of payroll withholding taxes to be retained by the qualified supplier.
(f) Any qualified supplier that has entered into an agreement with the secretary of commerce pursuant to this section and K.S.A. 2025 Supp. 74-50,312, and amendments thereto, and is eligible to receive benefits pursuant to this section, shall complete and submit to the department of revenue the amount of Kansas payroll withholding tax being retained by the qualified supplier in the form and manner prescribed by the director of taxation.
(g) The secretary of revenue and the secretary of commerce shall cooperate to develop and coordinate procedures to implement the provisions of this act.
History: L. 2022, ch. 3, § 4; February 10.
(a) On and after July 1, 2022, a qualified firm that meets the requirements of K.S.A. 2025 Supp. 74-50,312, and amendments thereto, and this section may be eligible for partial reimbursement of total payroll costs paid to qualified business facility employees during a taxable year, as approved by the secretary of commerce.
(b) As determined by the secretary a qualified firm shall be eligible for such reimbursement commencing on the date the qualified firm:
(1) Enters into an agreement with the secretary as provided in K.S.A. 2025 Supp. 74-50,312, and amendments thereto;
(2) commences construction of the qualified business facility; or
(3) commences commercial operations at the qualified business facility.
(c) The amount of the reimbursement each year shall be up to 7.5%, as allowed by the secretary, of the total payroll costs for that year, as determined by the secretary. The secretary may grant such reimbursement for up to 10 successive years. In determining the percentage and number of successive years, the secretary shall, at a minimum, consider the factors set forth in K.S.A. 2025 Supp. 74-50,313(b) and (d), and amendments thereto, as applicable. The secretary may grant an additional increase in reimbursement of such costs up to a maximum total benefit of 10% of the eligible total payroll costs for a year for up to 10 successive years, if such percentage increase and number of years is approved by the state finance council as provided in subsection (d).
(d) The maximum reimbursement pursuant to this section that may be awarded in the secretary's discretion shall be 7.5% for 10 successive years. Prior to finalization of an agreement pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, the secretary may seek approval by the state finance council of an increased benefit percentage up to 10% for up to 10 successive years, pursuant to the provisions of K.S.A. 2025 Supp. 74-50,312(e), and amendments thereto. Such approval shall require the affirmative vote of the governor and the majority of the legislative members of the state finance council. This matter is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c, and amendments thereto, except that the state finance council is expressly granted the authority to act on this matter at any time, including when the legislature is in session. Upon such approval, the secretary may incorporate terms providing for the additional benefit as approved by the state finance council into an agreement.
(e) To be eligible for the reimbursement, the qualified firm shall submit an application to the secretary in the form and manner required by the secretary and provide all information requested by the secretary. If approved by the secretary, the qualified firm shall enter into an agreement with the secretary with such terms and conditions as required by the secretary and this section.
(f) No claim for a reimbursement shall be paid unless the:
(1) Qualified firm has met all requirements of K.S.A. 2025 Supp. 74-50,312, and amendments thereto, including entering into an agreement with the secretary of commerce that includes a commitment to make a qualified investment in the qualified business facility of at least $1,000,000,000 within a period of five years;
(2) secretary of commerce has certified, for each year for which a reimbursement is claimed, that the qualified firm meets all requirements of this act, rules and regulations of the secretary, if any, and the agreement entered into pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, and this section; and
(3) qualified firm has filed a claim with the secretary of commerce in the form and manner required by the secretary and including evidence as required by the secretary showing the amount of total payroll costs for the year the reimbursement is claimed.
(g) Subject to appropriations therefor, the allowable amount of such claim as determined by the secretary shall be paid to the qualified firm from the attracting powerful economic expansion payroll incentive fund, established by K.S.A. 2025 Supp. 74-50,316, and amendments thereto, upon warrants of the director of accounts and reports pursuant to vouchers approved by the secretary or by any person designated by the secretary. No interest shall be allowed on any payment made to a qualified firm pursuant to this section.
(h) If the qualified firm breaches the terms and conditions of the agreement pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, the reimbursements of total payroll costs pursuant to this section shall be repaid to the state as provided by K.S.A. 2025 Supp. 74-50,312, and amendments thereto.
History: L. 2022, ch. 3, § 5; February 10.
There is hereby established in the state treasury the attracting powerful economic expansion payroll incentive fund to be administered by the secretary of commerce. All moneys credited to the attracting powerful economic expansion payroll incentive fund shall be used by the Kansas department of commerce for partial reimbursement to qualified firms for total payroll costs pursuant to the provisions of K.S.A. 2025 Supp. 74-50,312 and 74-50,315, and amendments thereto. All expenditures from the attracting powerful economic expansion payroll incentive fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.
History: L. 2022, ch. 3, § 6; February 10.
(a) On and after July 1, 2022, a qualified firm or a qualified supplier that meets the requirements of K.S.A. 2025 Supp. 74-50,312, and amendments thereto, and this section and that has entered into an agreement with the secretary, as provided by K.S.A. 2025 Supp. 74-50,312, and amendments thereto, may be eligible for reimbursement of up to 50% of training and education eligible expenses for training or education completed for new employees in each year for up to five successive years, as determined by the secretary and as provided by this section. The maximum amount of reimbursement paid to a qualified supplier shall be $250,000 per year. The maximum amount of reimbursement paid to a qualified firm shall be $5,000,000 per year. In determining the percentage, the number of successive years and the maximum annual amount as limited by this subsection, the secretary shall, at a minimum, consider the factors set forth in K.S.A. 2025 Supp.74-50,313(b) and (d), and amendments thereto, as applicable.
(b) (1) Qualified firms shall be eligible commencing with the year in which the qualified firm enters into an agreement with the secretary, as provided in K.S.A. 2025 Supp. 74-50,312, and amendments thereto, commences construction of the qualified business facility or commences commercial operations at the qualified business facility, as determined by the secretary.
(2) Qualified suppliers shall be eligible commencing with the year in which the qualified firm selected the qualified supplier for benefit eligibility pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto. Only training and education expenses for new employees employed at a qualified business facility of the qualified supplier that is located and operating in Kansas shall be eligible for reimbursement. A qualified supplier shall not be awarded such benefits until the qualified business facility of the qualified firm commences commercial operations.
(c) The qualified firm or qualified supplier shall submit an application to the secretary in the form and manner required by the secretary and provide all information requested by the secretary, as provided by K.S.A. 2025 Supp. 74-50,312, and amendments thereto. If approved by the secretary, the qualified firm or qualified supplier shall enter into an agreement with the secretary with such terms and conditions as may be required by the secretary and commitments required by this act, as provided pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto. The agreement shall set forth the maximum amount of the incentive that may be received each year, as limited by subsection (a), and shall require an annual showing of eligibility, including evidence showing the number of new hires and amount of eligible training and education expense, for each year the incentive is claimed.
(d) Subject to appropriations therefor, reimbursement in the amount approved by the secretary and pursuant to the terms of the agreement and the limitations of subsection (a) shall be made by the secretary from the attracting powerful economic expansion new employee training and education fund established in K.S.A. 2025 Supp. 74-50,318, and amendments thereto, in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.
(e) No reimbursement shall be issued unless the qualified firm or the qualified supplier has been certified by the secretary, as provided in K.S.A. 2025 Supp. 74-50,312, and amendments thereto, as meeting all requirements of this act, any rules and regulations of the secretary and the agreement executed pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto.
(f) If the qualified firm or qualified supplier breaches the terms and conditions of the agreement pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, reimbursements shall be repaid to the state as provided by K.S.A. 2025 Supp. 74-50,312, and amendments thereto.
History: L. 2022, ch. 3, § 7; February 10.
There is hereby established in the state treasury the attracting powerful economic expansion new employee training and education fund to be administered by the secretary of commerce. All moneys credited to the attracting powerful economic expansion new employee training and education fund shall be used by the Kansas department of commerce for reimbursement to qualified firms and qualified suppliers for training and education eligible expenses pursuant to the provisions of K.S.A. 2025 Supp. 74-50,312 and 74-50,317, and amendments thereto. All expenditures from the attracting powerful economic expansion new employee training and education fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.
History: L. 2022, ch. 3, § 8; February 10.
(a) On and after the effective date of this act, a qualified firm or a qualified supplier that meets the requirements of K.S.A. 2025 Supp. 74-50,312, and amendments thereto, and this section may be eligible for a sales tax exemption under the provisions of K.S.A. 79-3606(oooo), and amendments thereto.
(b) (1) Qualified firms that satisfy the requirements set forth in subsection (c) shall qualify for the sales tax exemption commencing on the date the qualified firm commences construction of the qualified business facility, as determined by the secretary of commerce, or an earlier date if agreed by the secretary and incorporated into the agreement pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto.
(2) Qualified suppliers that satisfy the requirements set forth in subsection (c) shall qualify for the sales tax exemption commencing on the date that the qualified firm selected the qualified supplier for benefit eligibility pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto. The secretary of commerce shall certify to the secretary of revenue that a qualified supplier is eligible and the date of eligibility of the qualified supplier.
(c) To be eligible to receive the sales tax exemption, the qualified firm or qualified supplier shall have been approved by and entered into an agreement with the secretary for a qualified investment in a qualified business facility including, with respect to a qualified firm, a requirement of an investment of at least $1,000,000,000 pursuant to the requirements of K.S.A. 2025 Supp. 74-50,312, and amendments thereto. The secretary of commerce shall provide notice to the secretary of revenue regarding an approval of a sales tax exemption under this section. The sales tax exemption shall be valid until construction of the qualified business facility has been completed as certified by the secretary of commerce to the secretary of revenue or the date specified for completion of the qualified business facility in the agreement executed pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, whichever occurs first. No sales tax exemption shall be issued by the secretary of revenue unless the qualified firm or the qualified supplier has been certified by the secretary of commerce, as provided in K.S.A. 2025 Supp. 74-50,312, and amendments thereto, as meeting all requirements of this act, the rules and regulations of the secretary, if any, and the agreement executed pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto.
(d) A sales tax exemption shall be revoked by the secretary of revenue upon notification by the secretary of commerce that the qualified firm or qualified supplier has been disapproved by the secretary of commerce.
(e) If the qualified firm or qualified supplier breaches the terms and conditions of the agreement pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, the amount of sales tax exempted shall be repaid to the state as provided by K.S.A. 2025 Supp. 74-50,312, and amendments thereto.
History: L. 2022, ch. 3, § 9; February 10.
(a) On or before January 31 of each year, the secretary of commerce shall transmit to the governor, the senate standing committees on assessment and taxation and commerce and the house of representatives standing committees on taxation and commerce, labor and economic development, or any successor committee, a report based on information received from each qualified firm or qualified supplier receiving benefits under this act, describing, at a minimum, the following:
(1) The names of the qualified firms or qualified suppliers;
(2) the types of qualified firms or qualified suppliers utilizing the act;
(3) the location of such companies and the location, description and economic and industry impact of such companies' business operations in Kansas;
(4) the cumulative number of new employees hired and the new employees hired in that calendar year, with respect to each qualified firm and qualified supplier;
(5) the number of employees who reside in Kansas and the number of employees who reside in other states, designated with respect to each other state and, if available, the number of employees who have relocated to Kansas from another state;
(6) the wages paid for such new employees;
(7) the annual and cumulative amount of investments made;
(8) the annual amount of each benefit provided under this act;
(9) the estimated net state fiscal impact, including the direct and indirect new state taxes derived from the new employees hired;
(10) an estimate of the multiplier effect on the Kansas economy of the benefits received under this act;
(11) any material defaults by a qualified firm or qualified supplier of the terms of any agreement pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto; and
(12) the percentage of the business of a qualified supplier that is with the qualified firm that designated the qualified supplier.
(b) Commencing on the effective date of this act, the secretary of commerce shall transmit quarterly to the chairpersons of the senate standing committee on commerce and the house of representatives standing committee on commerce, labor and economic development, or any successor committee, a report on the number of projects that may qualify for incentives under this act.
History: L. 2022, ch. 3, § 10; February 10.
(a) Commencing with fiscal year 2022, in any fiscal year that a qualified firm enters into an agreement with the secretary of commerce for the first time pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, and commences construction on a qualified business facility under this act the secretary of commerce shall certify such fact to the secretary of revenue, the director of the budget and the director of legislative research. Such certification shall be made when such fact is known to the secretary, but in any event on or before June 30 of such fiscal year.
(b) Upon receipt of such certification, the secretary of revenue shall adjust the corporate income tax rate imposed pursuant to the provisions of K.S.A. 79-32,110, and amendments thereto, to go into effect for the next tax year by reducing the rate by 0.5%. The maximum reduction to be applied for one taxable year shall be 0.5% regardless of the number of eligible qualifying firms that may have satisfied the conditions of subsection (a).
(c) The rate reduction of 0.5% shall be applied to reduce the normal tax on corporations imposed pursuant to K.S.A. 79-32,110, and amendments thereto, until reduced to 0%.
(d) The secretary of revenue shall report any reduction in corporate income tax rates pursuant to this section to the chairpersons of the senate standing committees on assessment and taxation and commerce, the chairpersons of the house of representatives standing committees on commerce, labor and economic development and taxation and the governor, and shall cause notice of any such reduction to be published in the Kansas register prior to September 15 of the calendar year immediately preceding the tax year in which such reduction takes effect.
History: L. 2022, ch. 3, § 11; February 10.
(a) On and after July 1, 2022, a qualified firm that meets the requirements of this section and K.S.A. 2025 Supp. 74-50,312, and amendments thereto, and that has entered into an agreement with the secretary, as provided by K.S.A. 2025 Supp. 74-50,312, and amendments thereto, shall be eligible for annual reimbursement of up to 50% of relocation incentives and expenses provided by the qualified firm to incentivize employees who are not Kansas residents to relocate their primary residence to this state and become Kansas residents. Reimbursement for such eligible incentives and expenses shall not exceed an annual reimbursement amount of $1,000,000 to the qualified firm, as determined by the secretary. Reimbursement for such eligible incentives and expenses may be provided for up to ten successive years, as determined by the secretary.
(b) The qualified firm shall submit to the secretary a Kansas residency incentive plan for which it will seek reimbursement and the expected costs for each component of the plan. The reimbursement percentage shall be subject to the qualified firm meeting goals for incentivizing employees to become new Kansas residents as determined by the secretary. If the secretary approves the plan, the qualified firm and the secretary shall enter into an agreement that requires the qualified firm to provide annual documentation of the relocation incentive expenditures and the results of such expenditures to the secretary. No reimbursement shall be made unless the secretary of commerce has certified, for each year for which a reimbursement is claimed, that the qualified firm meets all requirements of this act, the rules and regulations of the secretary and the agreements entered into pursuant to this section and K.S.A. 2025 Supp. 74-50,312, and amendments thereto.
(c) The qualified firm shall remit to the state an amount equal to the amount of benefits provided to the qualified firm pursuant to this section upon any breach by the qualified firm of the terms and conditions set forth in the agreement entered into pursuant to this section or K.S.A. 2025 Supp. 74-50,312, and amendments thereto. The agreement between the secretary of commerce and the qualified firm entered into pursuant to this section and K.S.A. 2025 Supp. 74-50,312, and amendments thereto, shall specify such repayment requirements in such agreement.
(d) Subject to appropriations therefor, the allowable amount of reimbursement shall be paid to the qualified firm from the attracting powerful economic expansion Kansas residency incentive fund, established by K.S.A. 2025 Supp. 74-50,323, and amendments thereto. No interest shall be allowed on any payment made to a qualified firm pursuant to this section.
History: L. 2022, ch. 3, § 12; February 10.
There is hereby established in the state treasury the attracting powerful economic expansion Kansas residency incentive fund to be administered by the secretary of commerce. All moneys credited to the attracting powerful economic expansion Kansas residency incentive fund shall be used by the Kansas department of commerce for reimbursement to qualified firms for expenses incurred in a Kansas residency incentive plan for employees pursuant to the provisions of K.S.A. 2025 Supp. 74-50,312 and 74-50,322, and amendments thereto. All expenditures from the attracting powerful economic expansion Kansas residency incentive fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or the secretary's designee.
History: L. 2022, ch. 3, § 13; February 10.
The secretary of commerce shall not consider a new application, proceed with an application that has been submitted or enter into any agreement with a qualified firm or qualified supplier pursuant to K.S.A. 2025 Supp. 74-50,312, and amendments thereto, on and after May 1, 2024.
History: L. 2022, ch. 3, § 14; February 10.
(a) There is hereby established, within the department of commerce the division of tourism. The head of the division of tourism shall be the director of tourism, who shall be appointed by and serve at the pleasure of the secretary of commerce. The director of tourism shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of commerce.
(b) (1) The director of tourism shall appoint, in accordance with the provisions of the Kansas civil service act, such employees as may be needed, in the judgment of the director, to carry out the powers and duties of the division of tourism.
(2) All officers and employees of the division of tourism shall act for and exercise the powers of the director of tourism to the extent that authority to do so is delegated by the director. Subject to the provisions of this order, the director of tourism may organize the division of tourism in the manner the director of tourism deems most efficient.
History: Executive Reorganization Order No. 48, § 1; July 1, 2021.
(a) Except as otherwise provided by this order, the division of tourism and the director of tourism of the Kansas department of commerce shall be the successor in every way to the powers, duties and functions of the division of tourism and the director of tourism of the Kansas department of wildlife, parks and tourism in which the same were vested prior to the effective date of this order and that are transferred pursuant to K.S.A. 2025 Supp. 32-819, and amendments thereto, of this order. Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the division of tourism and the director of tourism of the department of commerce shall be deemed to have the same force and effect as if performed by the division of tourism and the director of tourism of the Kansas department of wildlife, parks and tourism in which such powers, duties and functions were vested prior to the effective date of this order.
(b) Except as otherwise provided by this order, whenever the division of tourism of the Kansas department of wildlife, parks and tourism, or words of like effect, is referred to or designated by a statute, contract or other document, and such reference or designation is in regard to any function, power or duty of the division of tourism of the department of wildlife, parks and tourism, such reference or designation shall be deemed to apply to the division of tourism of the Kansas department of commerce.
(c) Except as otherwise provided by this order, whenever the director of tourism of the Kansas department of wildlife, parks and tourism, or words of like effect, are referred to or designated by a statute, contract, or other document, and such reference or designation is in regard to any function, power or duty of the director of tourism of the department of wildlife, parks and tourism, such reference or designation shall be deemed to apply to the director of tourism of the department of commerce.
(d) All rules and regulations, orders and directives of the secretary of wildlife, parks and tourism, that are in effect on the effective date of this order and that relate to any function, power or duty of the director of tourism of the Kansas department of wildlife, parks and tourism, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the secretary of commerce until revised, amended, revoked or nullified pursuant to law. All orders and directives of the division of tourism or the director of tourism of the Kansas department of wildlife, parks and tourism, that are in effect on the effective date of this order and that relate to any function, power or duty of the division of tourism or the director of tourism of the department of wildlife, parks and tourism, shall continue to be effective and shall be deemed to be orders and directives of the division of tourism or the director of tourism of the department of commerce until revised, amended, revoked or nullified pursuant to law.
History: Executive Reorganization Order No. 48, § 3; July 1, 2021.
(a) The balances of all funds or accounts thereof appropriated or reappropriated for the Kansas department of wildlife, parks and tourism relating to the power, duties and functions transferred by this order are hereby transferred within the state treasury to the department of commerce and shall be used only for the purpose for which the appropriation was originally made.
(b) Liability for all accrued compensation or salaries of officers and employees who are transferred to the division of tourism of the department of commerce under this order shall be assumed and paid by the department of commerce.
History: Executive Reorganization Order No. 48, § 4; July 1, 2021.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of this order, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The department of commerce shall succeed to all property, property rights and records that were used for or pertain to the performance of powers, duties and functions transferred to the division of tourism of the department of commerce. Any conflict as to the proper disposition of property, personnel or records arising under this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 48, § 5; July 1, 2021.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or that could have been commenced, by or against any state agency or program mentioned in this order, or by or against any officer of the state in such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or that could have been commenced by the state shall abate by the taking effect of this order.
History: Executive Reorganization Order No. 48, § 6; July 1, 2021.
(a) All officers and employees of the Kansas department of wildlife, parks and tourism who, immediately prior to the effective date of this order, are engaged in the exercise and performance of the powers, duties and functions transferred by this order, as well as all officers and employees of the Kansas department of wildlife, parks and tourism who are determined by the secretary of commerce to be engaged in providing administrative, technical or other support services that are essential to the exercise and performance of the powers, duties and functions transferred by this order, are hereby transferred to the division of tourism of the department of commerce. All classified officers and employees so transferred shall retain their status as classified employees.
(b) Officers and employees of the Kansas department of wildlife, parks and tourism transferred by this order shall retain all retirement benefits and leave balances and rights that had accrued or vested prior to the date of transfer. The service of each such officer or employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed by the Kansas department of wildlife, parks and tourism prior to the date of transfer.
(c) Notwithstanding the effective date of this order, the provisions of this order prescribing the transfer of officers and employees from the Kansas department of wildlife, parks and tourism to the division of tourism of the department of commerce established by this order, the date of transfer of each such officer or employee shall commence at the start of a payroll period.
History: Executive Reorganization Order No. 48, § 7; July 1, 2021.
For purposes of K.S.A. 2025 Supp. 74-50,331 through 74-50,333, and amendments thereto:
(a) "Commencement of construction" means the date that construction, reconstruction, enlargement or remodeling of a qualified data center by a qualified firm commences, as determined in the agreement required by K.S.A. 2025 Supp. 74-50,332, and amendments thereto.
(b) "Commencement of operations" means the date that the qualified firm commences operations at a qualified data center, as determined in the agreement required by K.S.A. 2025 Supp. 74-50,332, and amendments thereto.
(c) "Data center equipment" means equipment or software purchased or leased for the processing, storage, retrieval or communication of data, regardless of whether the property is or is not affixed to or incorporated into real property, including the following:
(1) Servers, routers and connections and computer equipment, monitoring and security equipment or systems;
(2) equipment used in the operation of the qualified data center, including, but not limited to, backup generators, component parts, installations, refreshments, replacements and upgrades;
(3) all equipment necessary to cool and maintain a controlled environment for the operation of the computer servers and other components of the qualified data center, including, but not limited to, chillers, mechanical equipment, refrigerant piping, fuel piping and storage, adiabatic and free cooling systems, cooling towers, water softeners, air handling units, indoor direct exchange units, fans, ducting and filters;
(4) all water conservation systems, including facilities or mechanisms that are designed to collect, conserve and reuse water;
(5) all computer server equipment, chassis, networking equipment, switches, racks, fiber optic and copper cabling, trays and conduit;
(6) all conduit, ducting and fiber optic and copper cabling directly related to connecting one or more distributed qualified data center locations regardless of whether located inside or outside a data center;
(7) all software; and
(8) other personal property that is essential to the operations of a qualified data center, excluding such property used in the administration of the qualified data center.
(d) "Department" means the department of commerce.
(e) (1) "Eligible data center costs" means expenditures for the development, acquisition, construction and operation of a qualified data center by a qualified firm, including, but not limited to, costs of land, buildings, site improvements, data center equipment, data center equipment acquisition and permitting, lease payments, site characterization and assessment, engineering and design used directly and exclusively for a qualified data center.
(2) "Eligible data center costs" does not include the cost of electricity.
(f) "New jobs" means newly created jobs with a qualified firm at a qualified data center or directly associated with a qualified data center filled by Kansas residents and the primary work locations of such jobs are in Kansas.
(g) "Qualified data center" means one or more buildings that are constructed, reconstructed, enlarged, remodeled or leased to house a group of networked computer servers in this state to centralize the storage, management and dissemination of data and information pertaining to a particular business, taxonomy or body of knowledge and such buildings are connected to each other by fiber and associated equipment required for operating a fiber transmission network between data center buildings and internet points for the purpose of providing redundancy and resiliency for the data center services provided in each building.
(h) "Qualified firm" means a business or an affiliate thereof that is registered with the secretary of state and is engaged in the development, operation or leasing of a qualified data center. "Qualified firm" does not include a telecommunications carrier or local exchange carrier as defined in K.S.A. 66-1,187, and amendments thereto, electing carrier as defined in K.S.A. 66-2005(x), and amendments thereto, wireless services provider as defined in K.S.A. 66-2019, and amendments thereto, or video service provider as defined in K.S.A. 12-2022, and amendments thereto.
(i) "Secretary" means the secretary of commerce.
History: L. 2025, ch. 124, § 1; July 1.
(a) A qualified firm that makes an investment in eligible data center costs in a qualified data center of at least $250,000,000 in the aggregate by the fifth year of operations and creates and maintains at least 20 new jobs at the qualified data center within two calendar years after the commencement of operations shall receive a sales tax exemption, as provided by K.S.A. 79-3606(xxxx), and amendments thereto, and K.S.A. 2025 Supp. 74-50,333, and amendments thereto, for:
(1) Eligible data center costs of the qualified data center; and
(2) labor services to install, apply, repair, service, alter or maintain data center equipment.
(b) To be eligible to receive such sales tax exemption, a qualified firm shall:
(1) Submit an application to the secretary in the form and manner as required by the secretary;
(2) commit to an investment in eligible data center costs of at least $250,000,000 in the qualified data center, to be completed by the fifth year of operations or on such earlier date as specified in the agreement pursuant to paragraph (6);
(3) commit to begin construction of the project within 10 years of the date of the agreement with the secretary or on such earlier date as specified in the agreement pursuant to paragraph (6);
(4) commit to purchase electricity for 10 years from the public utility that is certified to provide retail electric service in the territory where the qualified data center is located;
(5) commit to undertake practices that will conserve, reuse and replace water, including, but not limited to:
(A) Using water efficient fixtures and practices;
(B) treating, infiltrating and harvesting rainwater;
(C) recirculating and recycling water before discharging;
(D) partnering with state and local governmental entities and private individuals and entities to use discharged water for irrigation, water conservation or other beneficial purposes;
(E) using reclaimed water when possible; and
(F) supporting water restoration efforts in local watersheds; and
(6) if the application is approved by the secretary, enter into an agreement with the secretary upon such terms and conditions as the secretary may require, including the commitments or conditions required by paragraphs (2) through (5) and subsections (c) and (d)(1) and (2). The agreement shall be entered into before any sales tax exemption may be provided under this act.
(c) If it is determined by the secretary that the qualified firm has breached a term or condition of the agreement, the secretary shall provide written notice to the qualified firm as to which terms or conditions were breached and allow the qualified firm 120 days to cure the breached terms or conditions. If the breached terms or conditions have not been cured within such time, the secretary may require the qualified firm to repay all or a part of the amount of the sales tax exemption received, terminate the sales tax exemption or suspend all or a part of the sales tax exemption until the breach is cured.
(d) As a condition of receiving the sales tax exemption, a qualified firm shall agree to:
(1) Cooperate with audits undertaken by the secretary of revenue as provided by subsection (f); and
(2) provide the secretary of commerce information required:
(A) For publication in the economic development incentive program information database pursuant to K.S.A. 74-50,226, and amendments thereto;
(B) for the secretary's report pursuant to K.S.A. 74-50,320, and amendments thereto; and
(C) by the secretary of commerce or the secretary of revenue pursuant to subsection (e)(1).
(e) (1) Every five years, the secretary may conduct a review of the activities undertaken by a qualified firm to ensure that the qualified firm remains in good standing with the state, is in compliance with the provisions of this act, any rules and regulations adopted by the secretary with respect to this act and any agreement entered into pursuant to this section and continues to meet the requirements for the sales tax exemption provided under this act. The secretary of commerce shall certify every five years to the secretary of revenue whether the qualified firm meets the criteria for designation as a qualified firm and is eligible for such sales tax exemption. The qualified firm shall provide the secretary of commerce all information reasonably necessary to determine such eligibility. Except as provided by paragraph (2), information obtained under this paragraph shall not be subject to disclosure pursuant to K.S.A. 45-215 et seq., and amendments thereto, unless such information is subject to disclosure pursuant to subsection (d)(1) or (2), but shall, upon request, be made available to the legislative post audit division. The provisions of this paragraph providing for confidentiality of records shall expire on July 1, 2030, unless the legislature reviews and acts to continue such provisions pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2030.
(2) If, in the judgment of the secretary, any confidential information, trade secret or other information obtained under this section would place the qualified firm at a disadvantage in the marketplace or would significantly interfere with the purposes of this act, if known, shall not be subject to disclosure pursuant to K.S.A. 45-215 et seq., and amendments thereto, but shall, upon request, be made available to the legislative post audit division. The provisions of this paragraph providing for confidentiality of records shall expire on July 1, 2030, unless the legislature reviews and acts to continue such provisions pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2030.
(f) The books and records that pertain to eligibility for benefits or compliance with the requirements of this act shall be available for inspection by the secretary or the secretary's duly authorized agents or employees during business hours on at least 60 days' prior written notice. The secretary may request the department of revenue to audit the qualified firm, or a third party if applicable, for compliance with the provisions of this act.
(g) The secretary of commerce shall certify to the secretary of revenue when the qualified firm has met the conditions to receive a sales tax exemption as provided by K.S.A. 2025 Supp. 74-50,333 and 74-50,334, and amendments thereto, and shall provide notice when the sales tax exemption is modified, suspended or terminated pursuant to subsection (c).
(h) The secretary of commerce or the secretary of revenue may adopt rules and regulations for the implementation of this act.
History: L. 2025, ch. 124, § 2; July 1.
(a) On and after July 1, 2025, a qualified firm that meets the requirements of K.S.A. 2025 Supp. 74-50,332, and amendments thereto, may be eligible for a sales tax exemption as provided by this section and the provisions of K.S.A. 79-3606(xxxx), and amendments thereto.
(b) The sales tax exemption shall be valid for 20 years after the date of commencement of operations.
(c) No sales tax exemption shall be approved by the secretary of revenue unless the qualified firm has been certified by the secretary of commerce, as provided in K.S.A. 2025 Supp. 74-50,332, and amendments thereto, as meeting all requirements of this act, the rules and regulations of the secretary, if any, and the agreement executed pursuant to K.S.A. 2025 Supp. 74-50,332, and amendments thereto.
(d) A sales tax exemption shall be revoked, suspended or modified by the secretary of revenue as requested by the secretary of commerce upon notification by the secretary of commerce as provided by K.S.A. 2025 Supp. 74-50,332(c) and (g), and amendments thereto.
History: L. 2025, ch. 124, § 3; July 1.
(a) Prior to awarding any public financial assistance or benefits to a qualified data center project, including, but not limited to, the sales tax exemption established pursuant to K.S.A. 79-3606(xxxx), and amendments thereto, and K.S.A. 2025 Supp. 74-50,331 through 74-50,333, and amendments thereto, the secretary of commerce shall seek and receive approval from the fusion center oversight board established pursuant to K.S.A. 48-3705, and amendments thereto.
(b) Upon receipt of an application from the secretary of commerce, the Kansas intelligence fusion center shall evaluate the equipment and associated software of the qualified data center for potential security threats to critical infrastructure and advise the fusion center oversight board of any risks associated with such equipment and associated software.
(c) The fusion center oversight board may approve the project, recommend or require changes to protect critical infrastructure or deny such project if the qualified data center, as configured, would pose a threat to the critical infrastructure of the state of Kansas.
(d) As used in this section, "qualified data center" means the same as defined in K.S.A. 2025 Supp. 74-50,331, and amendments thereto.
History: L. 2025, ch. 124, § 4; July 1.
History: L. 1963, ch. 408, §§ 1, 2; Repealed, L. 1974, ch. 350, § 18; July 1.
History: L. 1963, ch. 408, § 3; L. 1972, ch. 308, § 1; Repealed, L. 1974, ch. 350, § 18; July 1.
History: L. 1963, ch. 408, §§ 4, 5; Repealed, L. 1974, ch. 350, § 18; July 1.
History: L. 1963, ch. 408, § 6; L. 1974, ch. 348, § 75; Repealed, L. 1974, ch. 350, § 18; July 1.
History: L. 1965, ch. 449, § 1; Repealed, L. 1973, ch. 330, § 3; July 1.
History: L. 1965, ch. 449, § 2; L. 1973, ch. 330, § 1; L. 1974, ch. 348, § 76; L. 2000, ch. 41, § 1; L. 2001, ch. 86, § 2; Repealed, L. 2012, ch. 111, § 12; July 1.
History: L. 1965, ch. 449, § 3; L. 1967, ch. 434, § 41; Repealed, L. 2012, ch. 111, § 12; July 1.
History: L. 1965, ch. 449, § 4; L. 1973, ch. 330, § 2; L. 1975, ch. 414, § 1; L. 1982, ch. 321, § 1; L. 2000, ch. 41, § 2; L. 2001, ch. 5, § 329; Repealed, L. 2012, ch. 111, § 12; July 1.
History: L. 1965, ch. 449, § 5; Repealed, L. 2012, ch. 111, § 12; July 1.
History: L. 1990, ch. 265, § 1; Repealed, L. 2012, ch. 111, § 12; July 1.
(a) There is hereby created within the department of commerce the Kansas creative arts industries commission to measure, promote, support and expand the creative industries to drive the Kansas economy, grow jobs and enhance the quality of life for all Kansans.
(b) (1) The commission shall consist of 11 members, serving for terms of three years. Members may be reappointed to a term of three years. Members may not serve more than two terms and are not eligible for reappointment following the end of such member's second term of office. There shall always be at least one member from each congressional district. The members of the commission shall include: Two members appointed by the president of the senate; one member appointed by the minority leader of the senate; two members appointed by the speaker of the house of representatives; one member appointed by the minority leader of the house of representatives; and five members appointed by the governor. All members appointed by the governor shall be appointed for terms of three years, except that, in the initial appointment, three of the members shall be appointed for two-year terms and two shall be appointed for three-year terms. The governor shall designate the term for which each of the members first appointed shall serve. The commission shall convene annually by the 20th day of the legislative session and elect a chairperson and a vice-chairperson from among its members.
(2) The members of the commission shall be broadly representative of the major fields of the arts and related creative industries and shall be appointed from among private citizens who are widely known for having competence and experience in connection with the arts and related creative industries or business leaders with an interest in promoting the arts and the creative industries, as well as having knowledge of community and state interests. In making these appointments, the appointing authorities shall seek and consider those recommended for membership by persons or organizations involved in civic, educational, business, labor, professional, cultural, ethnic or performing and creative arts fields.
(c) The commission shall meet on the call of the chair, but not less than four times during each calendar year. Six members of the commission shall constitute a quorum. Meetings may take place in various locations across Kansas. Members of the commission attending meetings of such division, or attending a subcommittee meeting thereof, authorized by such division, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. Employment by the state, or any instrumentality or subdivision of the state, shall not prevent any person from accepting appointment to and serving on the advisory board.
History: L. 2012, ch. 111, § 2; July 1.
(a) There is hereby created in the state treasury the creative industries fund. Moneys from the following sources shall be credited to the fund:
(1) Moneys appropriated to the fund by the legislature; and
(2) any gifts, grants or donations from private or public sources that the commission is hereby authorized to accept. No moneys from gifts, grants and donations shall be spent for any purpose other than arts programs that the commission has authorized.
(b) All payments and disbursements from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director or by a person or persons designated by the director.
History: L. 2012, ch. 111, § 3; July 1.
(a) The commission shall be the official agency of the state for the development and coordination of the arts within the state and employment development in the creative arts industries. The commission shall promote, support, coordinate, foster, develop and measure the outcomes of the arts, their practice and their impact on employment development within this state and shall have the power to:
(1) Appoint such advisory committees as it deems advisable and necessary to effectuate the provisions of this act;
(2) accept, on behalf of the state of Kansas, and expend any federal funds granted by act of congress or by executive order for all or any purpose of the commission, except that the commission may expend such funds only upon appropriation by the legislature if the federal funds require matching state contributions or capital outlay or create a commitment for future state spending;
(3) accept any gifts, grants, donations or bequests for all or any of the purposes of the commission, including funds from the sale of real or personal property;
(4) propose methods and processes to encourage private and public initiatives that recognize and enhance the role that the arts play in creative industries;
(5) prepare, promulgate or publish advertising and promotional books, pamphlets and materials consistent with the purposes of this act, and prepare and publish reports or surveys containing information relating to the arts and the activities of the commission or other agencies, public or private, as may be requested by the governor or the legislature;
(6) advise and consult with national foundations and other local, state and federal departments and agencies on methods by which to coordinate and assist existing resources and facilities to foster artistic and cultural endeavors toward the use of the arts, both nationally and internationally, in the best interest of Kansas;
(7) enter into agreement with other states, or with the United States or any agency or instrumentality thereof, having duties or functions similar to the commission, or with private associations or corporations, or with private or public colleges or universities, or with any public or private school, or with individual persons for any purpose consistent with the objectives and purposes of this act;
(8) undertake any and all other acts or things as may be deemed necessary and convenient by the commission to foster and promote the development of the arts in this state;
(9) promote employment development within the creative industries; and
(10) adopt rules and regulations as may be necessary to effectuate the provisions of this act.
(b) The duties of the commission shall include:
(1) To stimulate and encourage throughout the state the study and development of the arts, as well as public interest and participation therein;
(2) to take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of the state of Kansas and to expand the state's cultural resources;
(3) to encourage and assist freedom of artistic expression essential for the well-being of the arts;
(4) to assist the communities and organizations within the state in originating and creating their own cultural and artistic programs;
(5) to make such surveys as may be deemed advisable of public and private institutions engaged within the state in artistic and cultural activities, including, but not limited to, humanities, music, theater, dance, painting, sculpture, photography, architecture and allied arts and crafts and to make recommendations concerning the appropriate methods to encourage participation in and appreciation of the arts in order to meet the legitimate needs and aspirations of persons in all parts of the state;
(6) to develop strategies on methods to attract film making enterprises to the state of Kansas; assist the division of business development in the locating and researching of locations for possible use by the movie industry; assist students in Kansas in developing film making skills; provide assistance to movie personnel who utilize Kansas as a location for filming as may be directed by the division; provide support at official hospitality functions for the film industry; participate in trade show and official functions pertaining to the film industry; and assist in the establishment of motion picture ventures and such related matters as the commission deems appropriate;
(7) to formulate, in cooperation with the state board of education, programs furthering the arts in education, including artists-in-residence programs. Such programs shall be designed to foster a greater understanding and knowledge of the arts, to utilize the arts as an intellectual stimulus, to utilize the arts as an aid in dealing with personal and social adjustment problems or learning disabilities and to facilitate and to improve other academic courses or programs by using the arts as an educational tool and medium. The commission shall disseminate information about such programs. Any board of education or the governing body of any other political subdivision, or any agent or employee thereof, may request information on such programs or request to participate in such programs, and such board of education or governing body may implement such programs with such political subdivision;
(8) to develop metrics showing the impact of the creative industries on employment development; and
(9) to submit a report of the commission's recommendations not later than February 1 of each calendar year to the governor, the secretary of commerce and the legislature.
(c) The department of commerce shall provide staff consisting of a director and other assistance as may be required by the commission in the performance of its duties. The secretary of revenue shall provide any datum relevant in measuring the economic outcomes of arts programs to the commission.
History: L. 2012, ch. 111, § 4; July 1.
(a) The Kansas arts commission created by K.S.A. 74-5202, and amendments thereto, and the Kansas film services commission created by K.S.A. 74-9201, and amendments thereto, are hereby abolished.
(b) Except as otherwise provided by this act, all of the powers, duties and functions of the existing Kansas arts commission and the Kansas film services commission are hereby transferred to, conferred and imposed upon the creative arts industries commission within the department of commerce, established by this act.
(c) Except as otherwise provided by this act, the creative arts industries commission within the department of commerce established by this act shall be the successor in every way to the powers, duties and functions of the Kansas arts commission and the Kansas film services commission in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the creative arts industries commission within the department of commerce established by this act shall be deemed to have the same force and effect as if performed by the Kansas arts commission and the Kansas film services commission in which such powers, duties and functions were vested prior to the effective date of this act.
(d) Except as otherwise provided by this act, whenever the Kansas arts commission or the Kansas film services commission, or words of like effect, are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the creative arts industries commission within the department of commerce established by this act.
(e) All rules and regulations of the Kansas arts commission and the Kansas film services commission in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the creative arts industries commission within the department of commerce established by this act until revised, amended, revoked or nullified pursuant to law.
(f) All orders and directives of the Kansas arts commission and the Kansas film services commission in existence on the effective date of this act shall continue to be effective and shall be deemed to be orders and directives of the creative arts industries commission within the department of commerce established by this act, until revised, amended, revoked or nullified pursuant to law.
(g) On the effective date of this act, the creative arts industries commission within the department of commerce shall succeed to whatever right, title or interest the Kansas arts commission and the Kansas film services commission have acquired in any real property in this state, and the creative arts industries commission within the department of commerce shall hold the same for and in the name of the state of Kansas. On and after the effective date of this act, whenever any statute, contract, deed or other document concerns the power or authority of the Kansas arts commission or the Kansas film services commission to acquire, hold or dispose of real property or any interest therein, the creative arts industries commission within the department of commerce shall succeed to such power or authority.
(h) The creative arts industries commission within the department of commerce established by this act shall be a continuation of the Kansas arts commission and the Kansas film services commission.
(i) On the effective date of this act, all officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansas arts commission and the Kansas film services commission which are transferred by this act, or who become a part of the creative arts industries commission within the department of commerce, and who, in the opinion of the director of the creative arts industries commission within the department of commerce, are necessary to perform the powers, duties and functions of the creative arts industries commission within the department of commerce, shall be transferred to, and shall become officers and employees of the creative arts industries commission within the department of commerce.
(j) Officers and employees of the Kansas arts commission and the Kansas film services commission transferred by this act shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rule and regulation adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed by the Kansas arts commission and the Kansas film services commission prior to the date of transfer.
(k) For the purposes of K.S.A. 12-2536, and amendments thereto, the creative arts industries commission within the department of commerce, instead of the Kansas arts commission, shall provide an appointee to serve on the metropolitan culture commission.
History: L. 2012, ch. 111, § 5; July 1.
K.S.A. 74-5301 through 74-5350, and amendments thereto, and K.S.A. 2025 Supp. 74-5351, and amendments thereto, shall be known and may be cited as the licensure of psychologists act of the state of Kansas.
History: L. 1967, ch. 432, § 1; L. 1986, ch. 299, § 13; L. 2019, ch. 55, § 18; May 9.
As used in the licensure of psychologists act of the state of Kansas:
(a) "Board" means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.
(b) "Extenuating circumstances" means any condition or situation caused by events beyond an individual's control that is sufficiently extreme in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(c) "License" means a license as a psychologist issued by the board.
(d) "Licensed psychologist" means a person licensed by the board under the provisions of the licensure of psychologists act of the state of Kansas.
(e) "Merits the public trust" means that an applicant or licensee possesses the high standard of good moral character and fitness that is required to practice psychology as demonstrated by the following personal qualities:
(1) Good judgment;
(2) integrity;
(3) honesty;
(4) fairness;
(5) credibility;
(6) reliability;
(7) respect for others;
(8) respect for the laws of this state and the nation;
(9) self-discipline;
(10) self-evaluation;
(11) initiative; and
(12) commitment to the psychology profession and its values and ethics.
(f) "Practice of psychology" means the application of established principles of learning, motivation, perception, thinking and emotional relationships to problems of behavior adjustment, group relations and behavior modification, by persons trained in psychology. The application of such principles includes, but is not restricted to, counseling and the use of psychological remedial measures with persons, in groups or individually, having adjustment or emotional problems in the areas of work, family, school and personal relationships; measuring and testing personality, intelligence, aptitudes, public opinion, attitudes and skills; the teaching of such subject matter; and the conducting of research on problems relating to human behavior, except that in all cases involving the care of the sick and ill as defined by the laws of this state, the primary responsibility devolves upon those licensed under the Kansas healing arts act. The practice of psychology includes the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. If a licensed psychologist cannot make an independent diagnosis of a mental disorder, such psychologist shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed psychologist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(g) "Represents oneself to be a psychologist" means that a person engages in the practice of psychology for a fee, monetary or otherwise, or holds oneself out to the public by any title or description of services incorporating the word "psychologic," "psychological," "psychologist" or "psychology" and under such title or description offers to render or renders services to individuals, corporations or the public for a fee, monetary or otherwise.
History: L. 1967, ch. 432, § 2; L. 1980, ch. 242, § 11; L. 1986, ch. 299, § 14; L. 1999, ch. 117, § 25; L. 2023, ch. 90, § 29; July 1.
History: L. 1967, ch. 432, § 3; L. 1978, ch. 308, § 67; Repealed, L. 1980, ch. 242, § 29; July 1.
History: L. 1967, ch. 432, § 4; Repealed, L. 1980, ch. 242, § 29; July 1.
History: L. 1967, ch. 432, § 5; L. 1974, ch. 348, § 77; Repealed, L. 1980, ch. 242, § 29; July 1.
History: L. 1967, ch. 432, §§ 6 to 9; Repealed, L. 1980, ch. 242, § 29; July 1.
(a) The board shall issue a license as a psychologist to any person who pays a nonrefundable application fee prescribed by the board, if required by the board, not in excess of $225 and, if required by the board, a nonrefundable original license fee not in excess of $150, who satisfies the board as to such person's training and experience after a thorough review of such person's credentials and who passes a satisfactory examination in psychology. Any person paying the fee shall also submit evidence verified by oath and satisfactory to the board that such person:
(1) Is at least 21 years of age;
(2) is a person who merits the public trust;
(3) has received the doctor's degree based on a program of studies in content primarily psychological from an educational institution having a graduate program with standards consistent with those of the state universities of Kansas, or the substantial equivalent of such program in both subject matter and extent of training; and
(4) has had at least two years of supervised experience, a significant portion of which shall have been spent in rendering psychological services satisfying the board's approved standards for the psychological service concerned.
(b) The board shall adopt rules and regulations establishing the criteria which an educational institution shall satisfy in meeting the requirements established under subsection (a)(3). The board may send a questionnaire developed by the board to any educational institution for which the board does not have sufficient information to determine whether the educational institution meets the requirements of subsection (a)(3) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the educational institution to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about educational institutions. In entering such contracts the authority to approve educational institutions shall remain solely with the board.
(c) (1) An individual may apply to the board for a community-based psychologist license to practice psychology in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center, as defined in K.S.A. 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in K.S.A. 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.
(2) A community-based psychologist license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based psychologist license.
(3) (A) Absent extenuating circumstances approved by the board, a community-based psychologist license issued by the board shall expire:
(i) Upon the date the board issues or denies a license to practice psychology; or
(ii) 24 months after the date of issuance of the community-based psychologist license.
(B) No community-based psychologist license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.
(4) A person practicing psychology with a community-based psychologist license may use the title "licensed psychologist" or the initials "LP" independently.
(5) No person may practice psychology under a community-based psychologist license except under the supervision of a person licensed by the board to practice at the independent level.
(6) The board shall adopt rules and regulations to set the fee, if required by the board, for the issuance of a community-based psychologist license in an amount not to exceed $225.
(7) The board shall not issue a community-based psychologist license or temporary psychologist license to an individual who has previously been issued a community-based psychologist license or temporary psychologist license.
History: L. 1967, ch. 432, § 10; L. 1969, ch. 393, § 1; L. 1972, ch. 309, § 1; L. 1986, ch. 299, § 15; L. 1988, ch. 243, § 15; L. 1990, ch. 286, § 3; L. 1996, ch. 153, § 29; L. 2002, ch. 59, § 2; L. 2009, ch. 135, § 2; L. 2016, ch. 92, § 64; L. 2019, ch. 55, § 19; L. 2023, ch. 90, § 30; July 1.
In case of a lost or destroyed license of a psychologist, and upon satisfactory proof of the loss or destruction thereof, the behavioral sciences regulatory board may issue a duplicate, charging a fee not in excess of $20 for such duplicate license.
History: L. 1982, ch. 372, § 1; L. 1986, ch. 299, § 16; June 1.
The board shall adopt rules and regulations governing the subject, scope and form of examinations for applicants under this act or shall contract with a national testing service to provide an examination approved by the board.
History: L. 1967, ch. 432, § 11; L. 1972, ch. 309, § 2; L. 1977, ch. 277, § 1; L. 1981, ch. 352, § 3; L. 1984, ch. 291, § 1; L. 1990, ch. 286, § 4; L. 1993, ch. 19, § 2; L. 2016, ch. 92, § 65; July 1.
Until July 1, 1969, the board may waive the examination requirements and may grant a certificate upon payment of a fee prescribed by the board not in excess of one hundred dollars ($100) to any person who is a legal resident of or has been principally employed in the state of Kansas for at least two (2) years immediately prior to the time of application and who meets the requirements of subsections (a) and (b) of K.S.A. 74-5310 and who either: (a) Has a doctor's degree or equivalent thereof from an institution with educational standards consistent with those of the state universities of Kansas, and which degree or equivalent was based primarily on a course of study in the field of psychology, or the substantial equivalent thereof in both subject matter and extent of training, and in addition has had five (5) years of professional experience satisfactory to the board; or (b) has a master's degree or the equivalent thereof from an institution with educational standards consistent with those of the state universities of Kansas, and which degree or equivalent was based primarily on a course of study in the field of psychology, or the substantial equivalent thereof in both subject matter and extent of training, and in addition has had six (6) years of professional experience satisfactory to the board; or, (c) was, on the effective date of this act, designated a certified psychologist by the board of examiners of the Kansas psychological association, inc., under the procedures and standards for the certification of psychologists.
History: L. 1967, ch. 432, § 12; L. 1972, ch. 309, § 3; March 23.
In the case of a person who is an honorably discharged veteran of the armed forces of the United States, the effective date for meeting the requirements for waiver of examination set forth in K.S.A. 74-5312 is extended to July 1, 1970.
History: L. 1967, ch. 432, § 13; July 1.
In determining the acceptability of the applicant's professional experience, the board may require such documentary evidence of the quality, scope and nature of the applicant's experience as it deems necessary. The determination of the board in respect to experience shall be subject to review, at the request of the applicant, in accordance with regulations and procedures which the board shall establish.
History: L. 1967, ch. 432, § 14; July 1.
(a) The board may grant a license to any person who, at the time of application, is registered, certified or licensed as a psychologist at the doctoral level in another jurisdiction if the board determines that:
(1) The requirements of such jurisdiction for such certification or licensure are substantially the equivalent of the requirements of this state; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure as a psychologist at the doctoral level with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) a doctoral degree in psychology from a regionally accredited university or college.
(b) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 74-5310, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall pay the license fee as provided in K.S.A. 74-5310, and amendments thereto.
History: L. 1967, ch. 432, § 15; L. 1986, ch. 299, § 17; L. 2003, ch. 129, § 5; L. 2016, ch. 92, § 66; L. 2019, ch. 55, § 20; L. 2023, ch. 90, § 31; July 1.
(a) Upon application, the board may issue temporary licenses to persons who have met all qualifications for licensure under the provisions of the licensure of psychologists act of the state of Kansas, except passage of the required examination, pursuant to K.S.A. 74-5310, and amendments thereto, who have paid the required application and temporary license fees and who have submitted documentation as required by the board, under the following:
(1) Absent extenuating circumstances approved by the board, a temporary license issued by the board shall expire upon the earlier of the date the board issues or denies a license to practice psychology or two years after the date of issuance of the temporary license. No temporary license shall be renewed or issued again on any subsequent application for licensure under the provisions of the licensure of psychologists act of the state of Kansas. This paragraph shall not limit the number of times that an applicant may take the required examination;
(2) no person shall work under a temporary license except under the supervision of a licensed psychologist as prescribed in rules and regulations adopted by the board; and
(3) the fee for such temporary license may be set by the board and shall not exceed $200, and any such fee shall be established by rules and regulations adopted by the board.
(b) Upon application, the board may issue temporary licenses not to exceed two years to persons who have completed all requirements for a doctoral degree approved by the board but have not received such degree conferral or who have met all qualifications for licensure under provisions of such act, except completion of the postdoctoral supervised work experience pursuant to K.S.A. 74-5310(a)(4), and amendments thereto, who have paid the required application and temporary license fees and who have submitted documentation as required by the board, under the following:
(1) The temporary license shall expire at the end of the two-year period after issuance or if such temporary licensee is denied a license to practice psychology;
(2) the temporary license may be renewed for one additional two-year period;
(3) no temporary license shall be issued again on any subsequent application for licensure under the provisions of the licensure of psychologists act of the state of Kansas. This paragraph shall not limit the number of times that an applicant may take the required examination;
(4) temporary licensees shall be working toward the completion of the postdoctoral supervised work experience prescribed in K.S.A. 74-5310(a)(4), and amendments thereto;
(5) no temporary licensee shall work under a temporary license except under the supervision of a licensed psychologist as prescribed in rules and regulations adopted by the board; and
(6) the fee for a renewal of the temporary license may be set by the board and shall not exceed $200 per issuance, and any such fee shall be established by rules and regulations adopted by the board.
(c) A person practicing psychology with a temporary license shall not use the title "licensed psychologist" or the initials "LP," independently. The word "licensed" may be used only when preceded by the word "temporary."
(d) This section shall be a part of and supplemental to the provisions of article 53 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto.
(e) As used in this section, "temporary licensee" means any person practicing psychology with a temporary license pursuant to subsection (a) or (b).
History: L. 1967, ch. 432, § 16; L. 1986, ch. 299, § 18; L. 1999, ch. 108, § 5; L. 2007, ch. 13, § 8; L. 2016, ch. 92, § 67; L. 2019, ch. 55, § 21; L. 2023, ch. 90, § 32; July 1.
(a) Upon written application and board approval, an individual who is licensed to engage in the independent practice of psychology in another jurisdiction, who is in good standing in that other jurisdiction and who has engaged in the practice of psychology in that jurisdiction for at least two years immediately preceding application may engage in the independent practice of psychology as provided by K.S.A. 74-5301 et seq., and amendments thereto, in this state for not more than 30 days per year upon receipt of a temporary permit to practice issued by the board. Such individual engaging in such practice in this state shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(b) Any psychology services rendered within any 24-hour period shall count as one entire day of psychology services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire one year after issuance. Upon written application not later than 30 days before the expiration of a temporary permit and under emergency circumstances, as defined by the board, the board may extend the temporary permit for not more than one additional year. Such extended temporary permit shall authorize the individual to practice in this state for an additional 30 days during the additional year. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200 for an extension of a temporary permit to practice as established by rules and regulations of the board.
(e) A person who holds a temporary permit to practice psychology in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of psychology in this state.
(f) In accordance with the Kansas administrative procedure act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of psychology in this state without complying with the provisions of this section.
(g) This section shall be a part of and supplemental to the licensure of psychologists act.
History: L. 2007, ch. 13, § 4; L. 2021, ch. 88, § 28; May 6.
(a) Whoever desires to obtain a license shall apply to the board in writing, on forms prepared and furnished by the board. Each application shall contain proof of the particular qualifications required of the applicant, shall be verified by the applicant under oath or affirmation and shall be accompanied by the required fee.
(b) Every certified psychologist holding a valid certificate of registration as a psychologist in effect on the day preceding the effective date of this act shall be deemed to be a licensed psychologist under this act, and such person shall not be required to file an original application hereunder for a license.
History: L. 1967, ch. 432, § 17; L. 1986, ch. 299, § 19; June 1.
(a) An application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed, during the previous 24 months, the continuing education required by rules and regulations of the board. Prior to July 1, 2025, as part of such continuing education, a licensed psychologist shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics. On and after July 1, 2025, as part of such continuing education, a licensee shall complete not less than three continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics.
(b) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee's reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(c) A licensee shall submit the application to the board with a renewal fee set by rules and regulations of the board not to exceed $200. Upon receipt of such application and fee, the board shall issue a renewal license for the period commencing on the date on which the license is issued and expiring on June 30 of the next even-numbered year. Initial licenses shall be for the current biennium of registration.
(d) Applications for renewal of a license shall be made biennially on or before June 30 and, if not so made, an additional fee equal to the renewal fee shall be added to the regular renewal fee.
(e) Any psychologist who has failed to renew a license and continues to represent oneself as a psychologist after June 30 shall be in violation of the licensure of psychologists act of the state of Kansas.
(f) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation. Such application shall be in a manner prescribed by the board and accompanied by a reinstatement fee not to exceed $200 prescribed by the board in rules and regulations.
(g) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) The required renewal fee and, for any person whose license has been expired for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by a fee not to exceed $50 prescribed by the board in rules and regulations. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(h) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
History: L. 1967, ch. 432, § 18; L. 1986, ch. 299, § 20; L. 1999, ch. 117, § 27; L. 2016, ch. 92, § 68; L. 2023, ch. 90, § 33; July 1.
History: L. 1967, ch. 432, § 19; L. 1972, ch. 309, § 4; L. 1984, ch. 291, § 2; L. 1986, ch. 299, § 21; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 20; L. 1986, ch. 299, § 22; L. 1996, ch. 153, § 30; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 21; L. 1986, ch. 299, § 23; Repealed, L. 2016, ch. 92, § 101; July 1.
Upon November 1 of each year, or within 20 days thereafter, the board shall publish and cause to be mailed to each psychologist licensed under this act in Kansas, a list of duly licensed psychologists in this state. The annual listing will be contingent upon the payment of all fees due, including the renewal fee.
History: L. 1967, ch. 432, § 22; L. 1986, ch. 299, § 24; June 1.
(a) The confidential relations and communications between a licensed psychologist and the psychologist's client are placed on the same basis as provided by law for those between an attorney and the attorney's client. Except as provided in subsection (b), nothing in this act shall be construed to require such privileged communications to be disclosed.
(b) Nothing in this section or in this act shall be construed to prohibit any licensed psychologist from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of a client. There is no privilege under this section for information which is required to be reported to a public official.
History: L. 1967, ch. 432, § 23; L. 1986, ch. 299, § 25; L. 1999, ch. 117, § 28; July 1, 2000.
(a) The board may refuse to issue, renew or reinstate a license, may condition, limit, revoke or suspend a license, may publicly or privately censure a licensee or may impose a fine not to exceed $1,000 per violation upon a finding that a licensee or an applicant for a license:
(1) Is incompetent to practice psychology. "Incompetent to practice psychology" means:
(A) One or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board;
(B) repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board; or
(C) a pattern of practice or other behavior that demonstrates a manifest incapacity or incompetence to practice psychology;
(2) has been convicted of a felony offense and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(3) has been convicted of a misdemeanor against persons and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(4) is currently listed on a child abuse registry or an adult protective services registry as the result of a substantiated finding of abuse or neglect by any state agency, agency of another state or the United States, territory of the United States or another country and the applicant or licensee has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(5) has violated a provision of the licensure of psychologists act of the state of Kansas or one or more rules and regulations of the board;
(6) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(7) has knowingly made a false statement on a form required by the board for a license or license renewal;
(8) has failed to obtain continuing education credits as required by rules and regulations of the board;
(9) has been found to have engaged in unprofessional conduct as defined by applicable rules and regulations adopted by the board;
(10) has had a professional registration, license or certificate revoked, suspended or limited, or has had other disciplinary action taken, or an application for registration, license or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia or another country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof; or
(11) has violated any lawful order or directive of the board previously entered by the board.
(b) For issuance of a new license or reinstatement of a revoked or suspended license for a licensee or applicant for licensure with a felony conviction, the board may only issue or reinstate such license by a 2/3 majority vote.
(c) Administrative proceedings and disciplinary actions regarding licensure under the licensure of psychologists act of the state of Kansas shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the licensure of psychologists of the state of Kansas act shall be in accordance with the Kansas judicial review act.
History: L. 1967, ch. 432, § 24; L. 1986, ch. 299, § 26; L. 1986, ch. 234, § 6; L. 1988, ch. 304, § 1; L. 2004, ch. 16, § 3; L. 2016, ch. 92, § 69; L. 2021, ch. 88, § 29; May 6.
History: L. 1967, ch. 432, § 25; L. 1986, ch. 299, § 27; L. 1988, ch. 356, § 292; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 26; L. 1986, ch. 299, § 28; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 27; L. 1986, ch. 299, § 29; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 28; L. 1986, ch. 299, § 30; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 29; L. 1986, ch. 299, § 31; Repealed, L. 1989, ch. 276, § 7; July 1.
History: L. 1967, ch. 432, § 30; L. 1980, ch. 242, § 12; Repealed, L. 1988, ch. 304, § 11; July 1.
Notice of the filing of such petition, together with a copy thereof, and of the time and place of the hearing, shall be served upon the licensed psychologist at least 20 days before the hearing.
History: L. 1967, ch. 432, § 31; L. 1980, ch. 242, § 13; L. 1986, ch. 299, § 32; L. 1988, ch. 356, § 293; July 1, 1989.
Revisor's Note: Section repealed 1986 version of 74-5331, after it had been amended in 1988.
History: L. 1967, ch. 432, § 31; L. 1980, ch. 242, § 13; L. 1986, ch. 299, § 32; Repealed, L. 1989, ch. 276, § 7; July 1.
History: L. 1967, ch. 432, § 32; L. 1984, ch. 313, § 136; L. 1986, ch. 299, § 33; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 33; L. 1984, ch. 313, § 137; L. 1986, ch. 299, § 34; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 34; L. 1986, ch. 299, § 35; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 35; L. 1986, ch. 299, § 36; Repealed, L. 2004, ch. 16, § 7; July 1.
History: L. 1967, ch. 432, § 36; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 37; L. 1980, ch. 242, § 14; L. 1986, ch. 299, § 37; L. 1986, ch. 318, § 133; L. 2010, ch. 17, § 184; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 38; L. 1986, ch. 318, § 134; Repealed, L. 2016, ch. 92, § 101; July 1.
History: L. 1967, ch. 432, § 39; L. 1975, ch. 415, § 1; L. 1977, ch. 277, § 2; L. 1984, ch. 291, § 3; L. 1986, ch. 299, § 38; Repealed, L. 2023, ch. 90, § 41; July 1.
It shall be unlawful, without a valid, existing license as a psychologist issued by the board for any person to represent oneself to be a psychologist as defined in K.S.A. 74-5302 and amendments thereto.
History: L. 1967, ch. 432, § 40; L. 1986, ch. 299, § 39; June 1.
Except as provided in K.S.A. 74-5344 and amendments thereto, any person who violates K.S.A. 74-5340 and amendments thereto or subsection (c) of K.S.A. 74-5349 shall be guilty of a class A misdemeanor.
History: L. 1967, ch. 432, § 41; L. 1986, ch. 300, § 2; July 1.
The attorney general shall comply with such directions of the board and prosecute said action on behalf of the state, but the county attorney of any county where a psychologist has practiced, at the request of the attorney general or of the board, shall appear and prosecute such action.
History: L. 1967, ch. 432, § 42; July 1.
History: L. 1967, ch. 432, § 43; Repealed, L. 2004, ch. 16, § 7; July 1.
Nothing contained in the licensure of psychologists act of the state of Kansas shall be construed: (a) To prevent qualified members of other professional groups such as, but not limited to, ministers, Christian Science practitioners, social workers and sociologists from doing work of a psychological nature consistent with their training and consistent with any code of ethics of their respective professions so long as they do not hold themselves out to the public by any title or description of services incorporating the words "psychologic," "psychological," "psychologist" or "psychology";
(b) in any way to restrict any person from carrying on any of the aforesaid activities in the free expression or exchange of ideas concerning the practice of psychology, the application of its principles, the teaching of such subject matter and the conducting of research on problems relating to human behavior if such person does not represent such person or such person's services in any manner prohibited by such act;
(c) to limit the practice of psychology of a licensed masters level psychologist or a person who holds a temporary license to practice as a licensed masters level psychologist, so long as such practice is under the direction of a licensed psychologist, licensed clinical psychotherapist, a person licensed by the state board of healing arts to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders or insofar as such person is engaged in public speaking with or without remuneration;
(d) to limit the practice of psychology or services of a student, intern or resident in psychology pursuing a degree in psychology in a school, college, university or other institution, with educational standards consistent with those of the state universities of Kansas if such practice or services are supervised as a part of such person's degree program. Nothing contained in this section shall be construed as permitting such persons to offer their services as psychologists to any other person and to accept remuneration for such psychological services other than as specifically excepted herein, unless they have been licensed under the provisions of the licensure of psychologists act of the state of Kansas, registered under the provisions of K.S.A. 74-5361 through 74-5371, and amendments thereto, or granted a temporary license under the provisions of K.S.A. 74-5367, and amendments thereto;
(e) to prevent the employment, by a person, association, partnership or a corporation furnishing psychological services for remuneration, of persons licensed as psychologists under the provisions of the licensure of psychologists act of the state of Kansas;
(f) to restrict the use of tools, tests, instruments or techniques usually denominated "psychological," so long as the user does not represent oneself to be a licensed psychologist or a licensed masters level psychologist;
(g) to permit persons licensed as psychologists to engage in the practice of medicine as defined in the laws of this state, nor to require such licensed psychologists to comply with the Kansas healing arts act;
(h) to restrict the use of the term "social psychologist" by any person who has received a doctoral degree in sociology or social psychology from an institution whose credits in sociology or social psychology are acceptable by a school or college as defined in the licensure of psychologists act of the state of Kansas, and who has passed comprehensive examination in the field of social psychology as a part of the requirements for the doctoral degree or has had equivalent specialized training in social psychology;
(i) to restrict the practice of psychology by a person who is certified as a school psychologist by the state department of education so long as such practice is conducted as a part of the duties of employment by a unified school district or as part of an independent evaluation conducted in accordance with K.S.A. 72-3405, and amendments thereto, including the use of the term "school psychologist" by such person in conjunction with such practice; or
(j) to restrict the use of the term psychologist or the practice of psychology by psychologists not licensed under the licensure of psychologists act of the state of Kansas in institutions for people with intellectual disability, in a juvenile correctional facility, as defined in K.S.A. 38-2302, and amendments thereto, or in institutions within the department of corrections insofar as such term is used or such practice of psychology is performed solely in conjunction with such person's employment by any such institution or juvenile correctional facility.
(k) Any person not licensed as a psychologist but who immediately prior to the effective date of this act was engaged in the practice of psychology in accordance with subsection (e) as it existed immediately prior to the effective date of this act under the supervision of a licensed psychologist may continue on and after the effective date of this act to engage in such practice in the manner authorized by subsection (e) as it existed immediately prior to the effective date of this act.
History: L. 1967, ch. 432, § 44; L. 1980, ch. 242, § 28; L. 1986, ch. 299, § 40; L. 1987, ch. 306, § 12; L. 1988, ch. 304, § 10; L. 1997, ch. 142, § 8; L. 1997, ch. 142, § 9; L. 1999, ch. 108, § 6; L. 2003, ch. 72, § 4; L. 2004, ch. 19, § 1; L. 2006, ch. 169, § 120; L. 2012, ch. 91, § 57; L. 2019, ch. 55, § 22; May 9.
History: L. 1967, ch. 432, § 45; Repealed, L. 2007, ch. 13, § 9; July 1.
History: L. 1967, ch. 432, § 46; L. 1973, ch. 309, § 39; Repealed, L. 1980, ch. 242, § 29; July 1.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1967, ch. 432, § 47; July 1.
(a) Whenever certified psychologist, or words of like effect, is referred to or designated by a statute, rule and regulation, contract or other document in reference to a psychologist certified under the certification of psychologists act of the state of Kansas, such reference or designation shall be deemed to apply to a licensed psychologist under the licensure of psychologists act of the state of Kansas.
(b) This section shall be part of and supplemental to the licensure of psychologists act of the state of Kansas.
History: L. 1986, ch. 299, § 43; June 1.
(a) In accordance with the provisions of this section, the board may establish specialties within the practice of psychology and provide for the endorsement of licensed psychologists in such specialties. The board shall adopt rules and regulations applicable to the endorsement of specialties which:
(1) Establish categories of specialties within the practice of psychology which are consistent with specialties recognized by the profession of psychology;
(2) establish education, training and qualifications necessary for endorsement for each category of specialty established by the board at a level adequate to assure the competent performance by licensed psychologists of the specialty such person is authorized to perform; and
(3) define each category of specialty established under this section and establish limitations and restrictions on each category, as appropriate. The definition of each category of specialty established under this paragraph (a)(3) shall be consistent with the education, training and qualifications required to obtain an endorsement in that category of specialty and shall be consistent with the protection of the public health and safety.
(b) The board may fix by rule and regulation an application fee for endorsement in a specialty and shall fix a biennial renewal fee for endorsement in a specialty. The application fee and biennial renewal fee shall not exceed $150. Any such fee shall be in addition to other fees collected by the board under the licensure of psychologists act of the state of Kansas.
(c) A licensed psychologist holding an endorsement from the board in a specialty within the practice of psychology may represent to the public that such person is endorsed in such specialty. It shall be unlawful for any person not endorsed in a specialty within the practice of psychology to intentionally represent to the public that such person is endorsed in such specialty.
(d) This section shall be part of and supplemental to the licensure of psychologists act of the state of Kansas.
History: L. 1986, ch. 300, § 1; L. 1990, ch. 286, § 5; May 24.
A licensee under the licensure of psychologists act of the state of Kansas, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History: L. 1999, ch. 117, § 26; July 1, 2000.
(a) If, in evaluating any applicant for licensure as a psychologist, the board finds that the applicant is deficient in the qualifications or in the quality of the applicant's educational experience required by K.S.A. 74-5310 or 74-5315, and amendments thereto, as applicable, or by rules and regulations adopted by the board, the board may require the applicant to fulfill remedial or other requirements, as the board may prescribe.
(b) A person who is completing requirements prescribed by the board under subsection (a) may apply to the board for provisional licensure as a psychologist on a form and in a manner prescribed by the board. The board may issue a provisional license to practice psychology. A provisional license shall expire upon the earlier of the date that the board issues or denies a license to practice psychology or 12 months after the date of issuance of the provisional license. No provisional license shall be renewed, and no provisional license shall be issued again, upon any subsequent application for the same license level.
(c) A person practicing psychology with a provisional license may not use the title "licensed psychologist" or the initials "LP," independently. The word "licensed" may be used by such person only when preceded by the word "provisional."
History: L. 2019, ch. 55, § 7; May 9.
This section shall be known and may be cited as the psychology interjurisdictional compact (PSYPACT). This section shall take effect on and after January 1, 2022.
ARTICLE I PURPOSE
WHEREAS, States license psychologists in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and
WHEREAS, This compact is intended to regulate the day-to-day practice of telepsychology, the provision of psychological services using telecommunications technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and
WHEREAS, This compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and
WHEREAS, This compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state; and
WHEREAS, This compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety; and
WHEREAS, This compact does not apply when a psychologist is licensed in both the home and receiving states; and
WHEREAS, This compact does not apply to permanent in-person, face-to-face practice, but it does allow for authorization of temporary psychological practice.
Consistent with these principles, this compact is designed to achieve the following purposes and objectives:
(a) Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state which the psychologist is not licensed to practice psychology;
(b) enhance the states' ability to protect the public's health and safety, especially client/patient safety;
(c) encourage the cooperation of compact states in the areas of psychology licensure and regulation;
(d) facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions and disciplinary history;
(e) promote compliance with the laws governing psychological practice in each compact state; and
(f) invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
ARTICLE II
DEFINITIONS
(a) "Adverse action" means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.
(b) "Association of state and provincial psychology boards" means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.
(c) "Authority to practice interjurisdictional telepsychology" means a licensed psychologist's authority to practice telepsychology, within the limits authorized under this compact, in another compact state.
(d) "Bylaws" means those bylaws established by the psychology interjurisdictional compact commission pursuant to article X for its governance or for directing and controlling its actions and conduct.
(e) "Client/patient" means the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision or consulting services.
(f) "Commissioner" means the voting representative appointed by each state psychology regulatory authority pursuant to article X.
(g) "Compact state" means a state, the District of Columbia or a United States territory that has enacted this compact legislation and that has not withdrawn pursuant to article XIII(c) or been terminated pursuant to article XII(b).
(h) "Coordinated licensure information system" or "coordinated database" means an integrated process for collecting, storing and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.
(i) "Confidentiality" means the principle that data or information is not made available or disclosed to unauthorized persons or processes.
(j) "Day" means any part of a day in which psychological work is performed.
(k) "Distant state" means the compact state where a psychologist is physically present, not through the use of telecommunications technologies, to provide temporary in-person, face-to-face psychological services.
(l) "E.passport" means a certificate issued by the association of state and provincial psychology boards that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.
(m) "Executive board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(n) "Home state" means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the "home state" is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the "home state" is any compact state where the psychologist is licensed.
(o) "Identity history summary" means a summary of information retained by the federal bureau of investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization or military service.
(p) "In-person, face-to-face" means interactions in which the psychologist and the client/patient are in the same physical space and does not include interactions that may occur through the use of telecommunications technologies.
(q) "Interjurisdictional practice certificate" means a certificate issued by the association of state and provincial psychology boards that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily, and verification of one's qualifications for such practice.
(r) "License" means authorization by a state psychology regulatory authority to engage in the independent practice of psychology that would be unlawful without the authorization.
(s) "Non-compact state" means any state that is not, at the time, a compact state.
(t) "Psychologist" means an individual licensed for the independent practice of psychology.
(u) "Psychology interjurisdictional compact commission" or "commission" means the national administration of which all compact states are members.
(v) "Receiving state" means a compact state where the client/patient is physically located when the telepsychological services are delivered.
(w) "Rule" means a written statement by the psychology interjurisdictional compact commission promulgated pursuant to article XI that:
(1) Is of general applicability;
(2) implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the commission;
(3) has the force and effect of statutory law in a compact state; and
(4) includes the amendment, repeal or suspension of an existing rule.
(x) "Significant investigatory information" means:
(1) Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or
(2) investigative information that indicates that the psychologist represents an immediate threat to public health and safety, regardless of whether the psychologist has been notified or had an opportunity to respond.
(y) "State" means a state, commonwealth, territory or possession of the United States or the District of Columbia.
(z) "State psychology regulatory authority" means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology.
(aa) "Telepsychology" means the provision of psychological services using telecommunications technologies.
(bb) "Temporary authorization to practice" means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state.
(cc) "Temporary in-person, face-to-face practice" means a psychologist is physically present, not through the use of telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.
ARTICLE III
HOME STATE LICENSURE
(a) The home state shall be a compact state where a psychologist is licensed to practice psychology.
(b) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.
(c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.
(d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact.
(e) A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:
(1) Currently requires the psychologist to hold an active e.passport;
(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation, or other designee with similar authority, not later than 10 years after activation of the compact; and
(5) complies with the bylaws and rules of the commission.
(f) A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:
(1) Currently requires the psychologist to hold an active interjurisdictional practice certificate;
(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation, or other designee with similar authority, not later than 10 years after activation of the compact; and
(5) complies with the bylaws and rules of the commission.
ARTICLE IV
COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
(a) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with article III, to practice telepsychology in other compact states, or receiving states, in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the compact.
(b) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state shall:
(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
(A) Regionally accredited by an accrediting body recognized by the United States department of education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or
(B) a foreign college or university deemed to be equivalent to subparagraph (A) by a foreign credential evaluation service that is a member of the national association of credential evaluation services or by a recognized foreign credential evaluation service;
(2) hold a graduate degree in psychology that meets the following criteria:
(A) The program, wherever it may be administratively housed, shall be clearly identified and labeled as a psychology program. Such program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists;
(B) the psychology program shall stand as a recognizable, coherent, organizational entity within the institution;
(C) there shall be a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines;
(D) the program shall consist of an integrated, organized sequence of study;
(E) there shall be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
(F) the designated director of the program shall be a psychologist and a member of the core faculty;
(G) the program shall have an identifiable body of students who are matriculated in that program for a degree;
(H) the program shall include supervised practicum, internship or field training appropriate to the practice of psychology;
(I) the curriculum shall encompass a minimum of three academic years of full-time graduate study for a doctoral degree and a minimum of one academic year of full-time graduate study for a master's degree; and
(J) the program includes an acceptable residency as defined by the rules of the commission;
(3) possess a current, full and unrestricted license to practice psychology in a home state that is a compact state;
(4) have no history of adverse action that violates the rules of the commission;
(5) have no criminal record history reported on an identity history summary that violates the rules of the commission;
(6) possess a current, active e.passport;
(7) provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background and knowledge and adherence to legal requirements in the home and receiving states and provide a release of information to allow for primary source verification in a manner specified by the commission; and
(8) meet other criteria as defined by the rules of the commission.
(c) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.
(d) A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology shall be subject to the receiving state's scope of practice. A receiving state may, in accordance with that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state's applicable law to protect the health and safety of the receiving state's citizens. If a receiving state takes action, the state shall promptly notify the home state and the commission.
(e) If a psychologist's license in any home state or another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or otherwise limited, the e.passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.
ARTICLE V
COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
(a) Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice temporarily in other compact states, or distant states, in which the psychologist is not licensed, as provided in the compact.
(b) To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state shall:
(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
(A) Regionally accredited by an accrediting body recognized by the United States department of education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or
(B) a foreign college or university deemed to be equivalent to subparagraph (A) by a foreign credential evaluation service that is a member of the national association of credential evaluation services or by a recognized foreign credential evaluation service;
(2) hold a graduate degree in psychology that meets the following criteria:
(A) The program, wherever it may be administratively housed, shall be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists;
(B) the psychology program shall stand as a recognizable, coherent, organizational entity within the institution;
(C) there shall be a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines;
(D) the program shall consist of an integrated, organized sequence of study;
(E) there shall be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
(F) the designated director of the program shall be a psychologist and a member of the core faculty;
(G) the program shall have an identifiable body of students who are matriculated in that program for a degree;
(H) the program shall include supervised practicum, internship or field training appropriate to the practice of psychology;
(I) the curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master's degrees; and
(J) the program includes an acceptable residency as defined by the rules of the commission;
(3) possess a current, full and unrestricted license to practice psychology in a home state that is a compact state;
(4) no history of adverse action that violate the rules of the commission;
(5) no criminal record history that violates the rules of the commission;
(6) possess a current, active interjurisdictional practice certificate;
(7) provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the commission; and
(8) meet other criteria as defined by the rules of the commission.
(c) A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.
(d) A psychologist practicing into a distant state under the temporary authorization to practice shall be subject to the distant state's authority and law. A distant state may, in accordance with that state's due process law, limit or revoke a psychologist's temporary authorization to practice in the distant state and may take any other necessary actions under the distant state's applicable law to protect the health and safety of the distant state's citizens. If a distant state takes action, the state shall promptly notify the home state and the commission.
(e) If a psychologist's license in any home state or another compact state, or any temporary authorization to practice in any distant state, is restricted, suspended or otherwise limited, the interjurisdictional practice certificate shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.
ARTICLE VI
CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances:
(a) The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; and
(b) other conditions regarding telepsychology as determined by rules promulgated by the commission.
ARTICLE VII
ADVERSE ACTIONS
(a) A home state shall have the power to impose adverse action against a psychologist's license issued by the home state. A distant state shall have the power to take adverse action on a psychologist's temporary authorization to practice within that distant state.
(b) A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.
(c) If a home state takes adverse action against a psychologist's license, that psychologist's authority to practice interjurisdictional telepsychology is terminated and the e.passport is revoked. Furthermore, that psychologist's temporary authorization to practice is terminated and the interjurisdictional practice certificate is revoked.
(1) All home state disciplinary orders that impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the commission.
(2) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.
(3) Other actions may be imposed as determined by the rules promulgated by the commission.
(d) A home state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee that occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state's law shall control in determining any adverse action against a psychologist's license.
(e) A distant state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization practice that occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, the distant state's law shall control in determining any adverse action against a psychologist's temporary authorization to practice.
(f) Nothing in this compact shall override a compact state's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the compact state's law. Compact states shall require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.
(g) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection (c).
ARTICLE VIII
ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY
In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this compact to:
(a) Issue subpoenas, for both hearings and investigations, that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located; and
(b) issue cease and desist or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice.
(c) During the course of any investigation, a psychologist may not change such psychologist's home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of such investigation, the psychologist may change the psychologist's home state licensure. The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.
ARTICLE IX
COORDINATED LICENSURE INFORMATION SYSTEM
(a) The Commission shall provide for the development and maintenance of a coordinated licensure information system and reporting system containing licensure and disciplinary action information on all individuals to whom this compact is applicable in all compact states as defined by the rules of the commission.
(b) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) significant investigatory information;
(4) adverse actions against a psychologist's license;
(5) an indicator that a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;
(6) non-confidential information related to alternative program participation information;
(7) any denial of application for licensure and the reasons for such denial; and
(8) other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) The coordinated database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.
(d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.
(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.
ARTICLE X
ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION
(a) The compact states hereby create and establish a joint public agency known as the psychology interjurisdictional compact commission.
(1) The commission is a body politic and an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b)
Membership, voting and meetings.
(1) The commission shall consist of one voting representative appointed by each compact state who shall serve as that state's commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to:
(A) The executive director, executive secretary or similar executive;
(B) a current member of the state psychology regulatory authority of a compact state; or
(C) a designee empowered with the appropriate delegate authority to act on behalf of the compact state.
(2) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.
(3) Each commissioner shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners' participation in meetings by telephone or other means of communication.
(4) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(5) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in article XI.
(6) The commission may convene in a closed, non-public meeting if the commission must discuss:
(A) Non-compliance of a compact state with its obligations under the compact;
(B) the employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) current, threatened or reasonably anticipated litigation against the commission;
(D) negotiation of contracts for the purchase or sale of goods, services or real estate;
(E) accusation against any person of a crime or formally censuring any person;
(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) disclosure of investigatory records compiled for law enforcement purposes;
(I) disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or
(J) matters specifically exempted from disclosure by federal and state statute.
(7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken of any person participating in the meeting and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(c) The commission shall, by a majority vote of the commissioners, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including, but not limited to:
(1) Establishing the fiscal year of the commission;
(2) providing reasonable standards and procedures:
(A) For the establishment and meetings of other committees; and
(B) governing any general or specific delegation of any authority or function of the commission;
(3) providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the commission shall make public a copy of the vote to close the meeting revealing the vote of each commissioner, with no proxy votes allowed;
(4) establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;
(5) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission;
(6) promulgating a code of ethics to address permissible and prohibited activities of commission members and employees;
(7) providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of its debts and obligations;
(8) the commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the compact states;
(9) the commission shall maintain its financial records in accordance with the bylaws; and
(10) the commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(d) The commission shall have the following powers:
(1) The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. Such uniform rules shall have the force and effect of law and shall be binding in all compact states;
(2) to bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
(3) to purchase and maintain insurance and bonds;
(4) to borrow, accept or contract for services of personnel, including, but not limited to, employees of a compact state;
(5) to hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(6) to accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same, provided that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest;
(7) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any real or personal property, or mixed, provided that at all times the commission shall strive to avoid any appearance of impropriety;
(8) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any real or personal property, or mixed;
(9) to establish a budget and make expenditures;
(10) to borrow money;
(11) to appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, consumer representatives and such other interested persons as may be designated in this compact and the bylaws;
(12) to provide and receive information from, and to cooperate with, law enforcement agencies;
(13) to adopt and use an official seal; and
(14) to perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.
(e)
The executive board.
The elected officers shall serve as the executive board, and the executive board shall have the power to act on behalf of the commission according to the terms of this compact.
(1) The executive board shall be comprised of six members:
(A) Five voting members who are elected from the current membership of the commission by the commission; and
(B) one ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.
(2) The ex-officio member shall have served as staff or member on a state psychology regulatory authority and shall be selected by its respective organization.
(3) The commission may remove any member of the executive board as provided in bylaws.
(4) The executive board shall meet at least annually.
(5) The executive board shall have the following duties and responsibilities:
(A) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact states, such as annual dues and any other applicable fees;
(B) ensure compact administration services are appropriately provided, contractual or otherwise;
(C) prepare and recommend the budget;
(D) maintain financial records on behalf of the commission;
(E) monitor compact compliance of member states and provide compliance reports to the commission;
(F) establish additional committees as necessary; and
(G) other duties as provided in rules or bylaws.
(f)
Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.
(3) The commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, and the commission shall promulgate a rule binding upon all compact states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the compact states, except by and with the authority of the compact state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
(g)
Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities: Provided, That nothing herein shall be construed to prohibit that person from retaining such person's own counsel: And provided further, That the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
ARTICLE XI
RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compact state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission; and
(2) on the website of each compact states' psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.
(e) The notice of proposed rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons who submit comments independently of each other;
(2) a governmental subdivision or agency; or
(3) a duly appointed person in an association that has at least 25 members.
(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) No transcript of the hearing is required unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This paragraph shall not preclude the commission from making a transcript or recording of the hearing if the commission so chooses.
(4) Nothing in this article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(j) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or compact state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
ARTICLE XII
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
(a)
Oversight.
(1) The executive, legislative and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the commission.
(3) The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.
(b)
Default, technical assistance and termination.
(1) If the commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(A) Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default and any other action to be taken by the commission; and
(B) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the governor and the majority and minority leaders of the defaulting state's legislature and each of the compact states.
(4) A compact state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The commission shall not bear any costs incurred by the state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the United States district court for the state of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(c)
Dispute resolution.
(1) Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact that arise among compact states and between compact and non-compact states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.
(d)
Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States district court for the state of Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
ARTICLE XIII
DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENTS
(a) The compact shall come into effect on the date on which the compact is enacted into law in the 7th
compact state. The provisions that become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any compact state may withdraw from this compact by enacting a statute repealing the same.
(1) A compact state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non-compact state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
ARTICLE XIV
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.
History: L. 2021, ch. 100, § 2; July 1.
The board may assess a fee at the time of licensure or license renewal for any person seeking compact privilege to practice under the psychology interjurisdictional compact whose home state is Kansas, in addition to any other fees authorized by law for licensure, not to exceed $25. The board shall adopt rules and regulations to establish the amount of such fee.
History: L. 2021, ch. 100, § 1; July 1.
As used in the licensure of master's level psychologists act:
(a) "Board" means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.
(b) "Extenuating circumstances" means any condition or situation caused by events beyond an individual's control that is sufficiently extreme in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(c) "Licensed clinical psychotherapist" means a person licensed by the board under the licensure of master's level psychologists act who engages in the independent practice of master's level psychology, including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations.
(d) "Licensed master's level psychologist" means a person licensed by the board under the provisions of the licensure of master's level psychologists act.
(e) "Master's level psychology" means the practice of psychology pursuant to the restrictions set out in K.S.A. 74-5362, and amendments thereto, and includes the diagnosis and treatment of mental disorders as authorized under K.S.A. 74-5361 et seq., and amendments thereto.
(f) "Practice of psychology" means the same as defined in K.S.A. 74-5302, and amendments thereto.
History: L. 1987, ch. 306, § 1; L. 1996, ch. 153, § 31; L. 1997, ch. 142, § 3; L. 1999, ch. 117, § 29; L. 2016, ch. 92, § 70; L. 2023, ch. 90, § 34; July 1.
(a) Any person who is licensed under the provisions of this act as a licensed master's level psychologist shall have the right to practice psychology so long as such practice is under the direction of a licensed clinical psychotherapist, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of a mental disorder, a licensee under the licensure of master's level psychologists act shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed master's level psychologist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(b) A licensed master's level psychologist may use the title licensed master's level psychologist and the abbreviation LMLP but may not use the title licensed psychologist or psychologist. A licensed clinical psychotherapist may use the title licensed clinical psychotherapist and the abbreviation LCP but may not use the title licensed psychologist or psychologist.
History: L. 1987, ch. 306, § 2; L. 1988, ch. 304, § 6; L. 1996, ch. 153, § 32; L. 1997, ch. 142, § 1; L. 1999, ch. 117, § 30; L. 2016, ch. 92, § 71; July 1.
(a) Any person who desires to be licensed under this act shall apply to the board in writing, on forms prepared and furnished by the board. Each application shall contain appropriate documentation of the particular qualifications required by the board and shall be accompanied by the required fee.
(b) The board shall license as a licensed master's level psychologist any applicant for licensure who pays the fee prescribed by the board under K.S.A. 74-5365, and amendments thereto, which shall not be refunded, who has satisfied the board as to such applicant's training and who complies with the provisions of this subsection. An applicant for licensure also shall submit evidence satisfactory to the board that such applicant:
(1) Is at least 21 years of age;
(2) has satisfied the board that the applicant is a person who merits public trust;
(3) has received at least 60 graduate hours including a master's degree in psychology based on a program of studies in psychology from an educational institution having a graduate program in psychology consistent with state universities of Kansas; or until July 1, 2003, has received at least a master's degree in psychology and during such master's or post-master's coursework completed a minimum of 12 semester hours or its equivalent in psychological foundation courses such as, but not limited to, philosophy of psychology, psychology of perception, learning theory, history of psychology, motivation, and statistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psychopathology, two courses in psychotherapy, personality theories, developmental psychology, research methods, social psychology; or has passed comprehensive examinations or equivalent final examinations in a doctoral program in psychology and during such graduate program completed a minimum of 12 semester hours or its equivalent in psychological foundation courses such as, but not limited to, philosophy of psychology, psychology of perception, learning theory, history of psychology, motivation and statistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psychopathology, two courses in psychotherapy, personality theories, developmental psychology, research methods, social psychology;
(4) has completed 750 clock hours of academically supervised practicum in the master's degree program or 1,500 clock hours of postgraduate supervised work experience; and
(5) has passed an examination approved by the board with a minimum score set by the board by rules and regulations.
(c) (1) Applications for licensure as a clinical psychotherapist shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(A) Is licensed by the board as a licensed master's level psychologist or meets all requirements for licensure as a master's level psychologist;
(B) has completed 15 credit hours as part of or in addition to the requirements under subsection (b) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, through identifiable study of: Psychopathology, diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
(C) has completed a graduate level supervised clinical practicum of supervised professional experience including psychotherapy and assessment with individuals, couples, families or groups, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, with not less than 350 hours of direct client contact or additional postgraduate supervised experience as determined by the board;
(D) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience including at least 1,500 hours of direct client contact conducting psychotherapy and assessments with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual;
(E) for persons earning a degree under subsection (b) prior to July 1, 2003, in lieu of the education requirements under subparagraphs (B) and (C), has completed the education requirements for licensure as a licensed master's level psychologist in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary master's level psychology license to practice as a licensed master's level psychologist on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under subparagraphs (B), (C) and (D), has completed the education and training requirements for licensure as a master's level psychologist in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board with the same minimum passing score as that set by the board for licensed psychologists; and
(H) has paid the application fee if required by the board and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee.
(2) A person who was licensed or registered as a master's level psychologist in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of master's level psychology as a registered or licensed master's level psychologist within five years prior to the effective date of this act and whose last license or registration in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed clinical psychotherapist by providing demonstration of competence to diagnose and treat mental disorders through at least two of the following areas acceptable to the board:
(A) Either: (i) Graduate coursework; or (ii) passing a national, clinical examination;
(B) either: (i) Three years of clinical practice in a community mental health center, its contracted affiliate or a state mental hospital; or (ii) three years of clinical practice in other settings with demonstrated experience in diagnosing or treating mental disorders; or
(C) attestation from one professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery that the applicant is competent to diagnose and treat mental disorders.
(3) A licensed clinical psychotherapist may engage in the independent practice of master's level psychology and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed clinical psychotherapist shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed clinical psychotherapist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(d) The board shall adopt rules and regulations establishing the criteria that an educational institution shall satisfy in meeting the requirements established under subsection (b)(3). The board may send a questionnaire developed by the board to any educational institution for which the board does not have sufficient information to determine whether the educational institution meets the requirements of subsection (b)(3) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the educational institution to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about educational institutions. In entering such contracts the authority to approve educational institutions shall remain solely with the board.
(e) (1) An individual may apply to the board for a community-based master's level psychologist license to practice master's level psychology in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center as defined in K.S.A. 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in K.S.A. 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.
(2) A community-based master's level psychologist license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based master's level psychologist license.
(3) (A) Absent extenuating circumstances approved by the board, a community-based master's level psychologist license issued by the board shall expire:
(i) Upon the date the board issues or denies a license to practice master's level psychology; or
(ii) 24 months after the date of issuance of the community-based master's level psychologist license.
(B) No community-based master's level psychologist license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.
(4) A person practicing master's level psychology with a community-based master's level psychologist license may use the title "licensed master's level psychologist" or the initials "LMLP" independently.
(5) No person may practice master's level psychology under a community-based master's level psychologist license except under the supervision of a person licensed to practice psychology or master's level psychology in Kansas.
(6) The board shall adopt rules and regulations to set the fee, if required by the board, for the issuance of a community-based master's level psychologist license in an amount not to exceed $100.
(7) The board shall not issue a community-based master's level psychologist license or temporary master's level psychologist license to an individual who has previously been issued a community-based master's level psychologist license or temporary master's level psychologist license.
History: L. 1987, ch. 306, § 3; L. 1988, ch. 304, § 7; L. 1990, ch. 286, § 6; L. 1991, ch. 239, § 1; L. 1996, ch. 153, § 33; L. 1996, ch. 239, § 2; L. 1997, ch. 142, § 2; L. 1998, ch. 163, § 2; L. 1999, ch. 117, § 32; L. 2001, ch. 154, § 10; L. 2016, ch. 92, § 72; L. 2021, ch. 88, § 30; L. 2023, ch. 90, § 35; July 1.
History: L. 1988, ch. 243, § 16; Repealed, L. 1990, ch. 286, § 9; May 24.
History: L. 1987, ch. 306, § 4; Repealed, L. 1996, ch. 153, § 44; July 1.
(a) The following fees may be set by the board for licensure under the licensure of master's level psychologists act: For application, issuance of a new license and renewal of a license, an amount not to exceed $200; for replacement of a license, an amount not to exceed $20; and for a wallet card license, an amount not to exceed $5. Any such fees required by the board shall be established by rules and regulations adopted by the board.
(b) Fees paid to the board are not refundable.
(c) The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed, during the previous 24 months, the continuing education required by rules and regulations of the board. Prior to July 1, 2025, as part of such continuing education, a licensed master's level psychologist and a licensed clinical psychotherapist shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics. On and after July 1, 2025, as part of such continuing education, a licensee shall complete not less than three continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics.
(d) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee's reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(e) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
History: L. 1987, ch. 306, § 5; L. 1996, ch. 153, § 34; L. 1996, ch. 153, § 35; L. 1999, ch. 117, § 33; L. 2016, ch. 92, § 73; L. 2023, ch. 90, § 36; July 1.
(a) All licenses shall be effective upon the date issued and shall expire at the end of 24 months from the date of issuance.
(b) A license may be renewed by the payment of the renewal fee and the execution and submission of a signed statement, on a form provided by the board, attesting that the applicant's license has been neither revoked nor currently suspended and that the applicant has met the requirements for continuing education set forth in this act.
(c) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation. Such application shall be in a manner prescribed by the board and accompanied by a reinstatement fee.
(d) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) A reinstatement fee, and, for any person whose license has been expired for one year or less, a penalty established by the board in rules and regulations; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by a fee of $25. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(e) A duplicate license shall be issued by the board upon receipt of a $20 fee.
(f) A person registered as a masters level psychologist on December 30, 1996, shall be deemed to be a licensed masters level psychologist under this act. Such person shall not be required to file an original application for licensure under this act, but shall apply to the board for a license in lieu of registration upon payment of the fee set by the board for renewal of license. Any application for registration filed but which has not been granted prior to January 1, 1997, shall be processed as an application for licensure pursuant to this act. For exchange of a license in lieu of registration pursuant to this subsection, a fee not to exceed $100.
(g) The board shall collect a fee not to exceed $100 for exchange of a license in lieu of a registration pursuant to subsection (f).
History: L. 1987, ch. 306, § 6; L. 1996, ch. 153, § 36; L. 1996, ch. 239, § 3; L. 1997, ch. 142, § 4; L. 2006, ch. 61, § 4; L. 2023, ch. 90, § 37; July 1.
(a) The board may issue a temporary master's level psychology license to practice as a licensed master's level psychologist to any person who pays a nonrefundable fee prescribed by the board under this section and who meets all the requirements for licensure under K.S.A. 74-5361 et seq., and amendments thereto, as a licensed master's level psychologist except the requirement of postgraduate supervised work experience or passing the licensing examination, or both.
(b) Absent extenuating circumstances approved by the board, a temporary master's level psychology license issued by the board shall expire upon the date the board issues or denies a license to practice master's level psychology or 24 months after the date of issuance of the temporary master's level psychology license. No temporary master's level psychology license issued by the board shall be renewed or issued again on any subsequent applications for the same license level. This subsection shall not limit the number of times an applicant may take the examination.
(c) The board may fix a fee for the application of the temporary master's level psychology license. The application fee shall not exceed $100. Any such fee shall be established by rules and regulations adopted by the board.
(d) A person practicing master's level psychology with a temporary master's level psychology license shall not use the title "licensed master's level psychologist" or the initials "LMLP" independently. The word "licensed" may be used only when followed by the words "by temporary license" such as licensed master's level psychologist by temporary license, or master's level psychologist licensed by temporary license.
(e) No person shall work under a temporary master's level psychology license except under the supervision of a person licensed to practice psychology or master's level psychology in Kansas.
(f) The application for a temporary master's level psychology license may be denied or a temporary master's level psychology license that has been issued may be suspended or revoked on the same grounds as provided for suspension or revocation of a license under K.S.A. 74-5369, and amendments thereto.
(g) Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the license as provided under this section at the time of issuance of such temporary license.
History: L. 1987, ch. 306, § 7; L. 1996, ch. 153, § 37; L. 1998, ch. 163, § 6; L. 1999, ch. 108, § 7; L. 2006, ch. 61, § 5; L. 2016, ch. 92, § 74; L. 2023, ch. 90, § 38; July 1.
(a) Upon written application and board approval, an individual who is licensed to engage in the independent clinical practice of masters level psychology at the clinical level in another jurisdiction, who is in good standing in that other jurisdiction and who has engaged in the clinical practice of masters level psychology in that jurisdiction for at least two years immediately preceding application may engage in the independent practice of clinical masters level psychology as provided by K.S.A. 74-5361 et seq., and amendments thereto, in this state for not more than 30 days per year upon receipt of a temporary permit to practice issued by the board. Such individual engaging in such practice in this state shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(b) Any clinical masters level psychology services rendered within any 24-hour period shall count as one entire day of clinical masters level psychology services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire one year after issuance. Upon written application not later than 30 days before the expiration of a temporary permit and under emergency circumstances, as defined by the board, the board may extend the temporary permit for not more than one additional year. Such extended temporary permit shall authorize the individual to practice in this state for an additional 30 days during the additional year. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200 for an extension of a temporary permit to practice as established by rules and regulations of the board.
(e) A person who holds a temporary permit to practice clinical masters level psychology in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of clinical masters level psychology in this state.
(f) In accordance with the Kansas administrative procedure act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of clinical masters level psychology in this state without complying with the provisions of this section.
(g) This act shall be a part of and supplemental to the licensure of masters level psychologists act.
History: L. 2007, ch. 13, § 6; L. 2021, ch. 88, § 31; May 6.
History: L. 1987, ch. 306, § 8; L. 1988, ch. 304, § 5; Repealed, L. 1996, ch. 153, § 44; July 1.
(a) The board may refuse to issue, renew or reinstate a license, may condition, limit, revoke or suspend a license, may publicly or privately censure a licensee or may impose a fine not to exceed $1,000 per violation upon a finding that a licensee or an applicant for licensure:
(1) Is incompetent to practice psychology. "Incompetent to practice psychology" means:
(A) One or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board;
(B) repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board; or
(C) a pattern of practice or other behavior that demonstrates a manifest incapacity or incompetence to practice master's level psychology;
(2) has been convicted of a felony offense and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(3) has been convicted of a misdemeanor against persons and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(4) is currently listed on a child abuse registry or an adult protective services registry as the result of a substantiated finding of abuse or neglect by any state agency, agency of another state, the District of Columbia or the United States, territory of the United States or another country and the applicant or licensee has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(5) has violated a provision of the licensure of master's level psychologists act or one or more rules and regulations of the board;
(6) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(7) has knowingly made a false statement on a form required by the board for a license or license renewal;
(8) has failed to obtain continuing education credits as required by rules and regulations adopted by the board;
(9) has been found to have engaged in unprofessional conduct as defined by applicable rules and regulations of the board;
(10) has had a professional registration, license or certificate revoked, suspended or limited, or has had other disciplinary action taken, or an application for a registration, license or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia or another country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof; or
(11) has violated any lawful order or directive of the board previously entered by the board.
(b) For issuance of a new license or reinstatement of a revoked or suspended license for a licensee or applicant for licensure with a felony conviction, the board may only issue or reinstate such license by a 2/3 majority vote.
(c) Administrative proceedings and disciplinary actions regarding licensure under the licensure of master's level psychologists act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the licensure of master's level psychologists act shall be in accordance with the Kansas judicial review act.
History: L. 1987, ch. 306, § 9; L. 1988, ch. 304, § 2; L. 1996, ch. 153, § 38; L. 1999, ch. 117, § 34; L. 2004, ch. 16, § 4; L. 2010, ch. 17, § 185; L. 2016, ch. 92, § 75; L. 2021, ch. 88, § 32; May 6.
The board may adopt rules and regulations to administer the provisions of the licensure of master's level psychologists act.
History: L. 1987, ch. 306, § 10; L. 2016, ch. 92, § 76; July 1.
(a) No person shall engage in the practice of masters level psychology or represent oneself as a licensed masters level psychologist or use the abbreviation LMLP or use any word, letter, signs, figures or devices to indicate that such person using the same is a licensed masters level psychologist unless such person holds a valid license as a licensed masters level psychologist.
(b) No person shall engage in the independent practice of masters level psychology or represent oneself as a licensed clinical psychotherapist or use the abbreviation LCP or use any word, letter, signs, figures or devices to indicate that such person using the same is a licensed clinical psychotherapist unless such person holds a valid license as a licensed clinical psychotherapist.
(c) A violation of this section is a class C misdemeanor.
History: L. 1987, ch. 306, § 11; L. 1988, ch. 304, § 8; L. 1996, ch. 153, § 39; L. 1999, ch. 117, § 35; July 1, 2000.
(a) The confidential relations and communications between a licensed masters level psychologist and such psychologist's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(b) The confidential relations and communications between a licensed clinical psychotherapist and such psychotherapist's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(c) Nothing in this section or in this act shall be construed to prohibit any licensed masters level psychologist or licensed clinical psychotherapist from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of the client. There is no privilege under this section for information which is required to be reported to a public official.
History: L. 1988, ch. 304, § 9; L. 1996, ch. 153, § 40; L. 1999, ch. 117, § 36; July 1, 2000.
Nothing in the master's level psychology statutes shall be construed to apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, marriage and family therapists, professional counselors, registered nurses, social workers, rabbis, priests, ministers, or clergy persons, including Christian Science practitioners, performing services consistent with the laws of this state, their training, and the code of ethics of their profession, so long as they do not represent themselves as being a master's level psychologist.
History: L. 1996, ch. 153, § 41; July 1.
A licensee under K.S.A. 74-5361 et seq. and amendments thereto, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a masters degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History: L. 1999, ch. 117, § 31; July 1, 2000.
(a) The behavioral sciences regulatory board may issue a license to an individual who is currently registered, certified or licensed to practice psychology at the master's level in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice psychology at the master's level in the other jurisdiction are substantially equivalent to the requirements of this state; or
(2) the applicant demonstrates, on forms provided by the board, compliance with the following standards adopted by the board:
(A) Registration, certification or licensure to practice psychology at the master's level with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) at least a master's degree in psychology from a regionally accredited university or college.
(b) Applicants for licensure as a clinical psychotherapist shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the requirements of either subsection (a)(1) or (a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(3) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery, stating that the applicant is competent to diagnose and treat mental disorders.
(c) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 74-5365, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall pay the license fee as provided in K.S.A. 74-5365, and amendments thereto.
History: L. 2003, ch. 129, § 1; L. 2016, ch. 92, § 77; L. 2019, ch. 55, § 23; L. 2023, ch. 90, § 39; July 1.
K.S.A. 74-5361 through 74-5375, and amendments thereto, and K.S.A. 2025 Supp. 74-5377, and amendments thereto, shall be known and may be cited as the licensure of master's level psychologists act.
History: L. 2007, ch. 13, § 5; L. 2016, ch. 92, § 78; L. 2019, ch. 55, § 24; May 9.
(a) If, in evaluating any applicant for licensure as a master's level psychologist, the board finds that the applicant is deficient in the qualifications or in the quality of the applicant's educational experience required by K.S.A. 74-5363 or 74-5375, and amendments thereto, as applicable, or by rules and regulations adopted by the board, the board may require the applicant to fulfill remedial or other requirements, as the board may prescribe.
(b) A person who is completing requirements prescribed by the board under subsection (a) may apply to the board for a provisional license as a master's level psychologist on a form and in a manner prescribed by the board. The board may issue a provisional license to practice master's level psychology. A provisional license shall expire upon the earlier of the date that the board issues or denies a license to practice master's level psychology or 12 months after the date of issuance of the provisional license. No provisional license shall be renewed, and no provisional license shall be issued again, upon any subsequent application for the same license level.
(c) A person practicing master's level psychology with a provisional license may not use the title "licensed master's level psychologist" or "licensed clinical psychotherapist" or the initials "LMLP" or "LCP," independently. The word "licensed" may be used by such person only when preceded by the word "provisional."
History: L. 2019, ch. 55, § 4; May 9.
As used in this act:
(a) "Antiquities" means historic or prehistoric ruins and other archeological sites, including evidence of such features as constructions or inscriptions by human agency or other evidence of human activity having antiquity but not including any unmarked burial site subject to the provisions of the Kansas unmarked burial sites preservation act.
(b) "Commission" means the antiquities commission created by this act.
History: L. 1967, ch. 433, § 1; L. 1989, ch. 234, § 16; July 1.
There is hereby established a Kansas antiquities commission, to be composed of the following persons or their designated representatives: The secretary of the state historical society, who shall be the chairman thereof; the heads of the departments of anthropology of the university of Kansas, Kansas state university and Wichita state university; and the state archeologist on the staff of the state historical society, who shall be the secretary of the commission. Members of the Kansas antiquities commission attending meetings of such commission, or attending a subcommittee meeting thereof authorized by such commission, shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223.
History: L. 1967, ch. 433, § 2; L. 1974, ch. 348, § 78; July 1.
(a) Except as provided by subsection (b), no individual, institution or corporation shall excavate in, remove material from, vandalize or deface any site or area described in K.S.A. 74-5401 and amendments thereto, on lands belonging to or controlled by the state of Kansas or any agency thereof, or to any county or municipality in the state, or on lands in which a qualified agency is conducting scientific archeological investigations, without specific authorization pursuant to a permit granted under K.S.A. 74-5404, and amendments thereto.
(b) If, in the opinion of the commission or the commission's designee, any survey, excavation or construction is necessary to prevent the immediate threat to the life or health of persons near a site or area described in K.S.A. 74-5401, and amendments thereto, the commission or the commission's designee may authorize such survey, excavation or construction without issuing a permit under K.S.A. 74-5404, and amendments thereto.
History: L. 1967, ch. 433, § 3; L. 1999, ch. 121, § 1; July 1.
Permits may be granted by the commission, through its secretary, under such limitations and for such periods of time as he may determine, to educational or research institutions, public museums or nonprofit corporations organized for scientific and research purposes. They may be authorized to excavate, remove materials, or otherwise scientifically investigate by recognized professional techniques if, in the opinion of the commission, they have the professional staff and the laboratory, storage and/or museum display facilities to make available to the public the professional knowledge gained and to preserve permanently all objects, photographs and other records of their investigations in public repositories under their own supervision or control. Permits may be issued only after approval of a formal written request detailing the purposes of the proposed investigation, the location in which it is to be conducted, the sponsoring agency, and the professional personnel to be in charge.
History: L. 1967, ch. 433, § 4; July 1.
Agencies represented by the members of the commission shall ipso facto have permission to conduct scientific investigations, and other official agencies of the state of Kansas which employ a specifically entitled archeological research staff and which have facilities for laboratory and storage and for publications of scientific reports shall also have such ipso facto permission.
History: L. 1967, ch. 433, § 5; July 1.
Artifacts and other materials recovered from such scientific investigations, if and when they are not needed or are no longer desired for retention by the original investigating agency, shall be submitted to the state historical society for preservation if the society so desires.
History: L. 1967, ch. 433, § 6; July 1.
It shall be the responsibility of any person in charge of any survey, excavation or construction on any of the above defined lands, and he is hereby required, to report discoveries of objects, ruins or other antiquities to the secretary of the commission or, in the informant's discretion, to one of the other members of the commission. The reporting official shall take all reasonable precautions to preserve the discovery until it can be investigated by the commission or its designated agent.
History: L. 1967, ch. 433, § 7; July 1.
Any person, institution or corporation violating any provision of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500) or imprisonment not to exceed six (6) months, or both. All material collected from the site by a convicted offender shall be delivered to the Kansas state historical society.
History: L. 1967, ch. 433, § 8; July 1.
(a) There is hereby established the state council on developmental disabilities which shall consist of not less than 18 members. The membership of the council shall at all times include representatives of the state entities that administer funds provided under federal laws related to individuals with disabilities, including the rehabilitation act of 1973 (29 U.S.C. 701 et seq.), the individuals with disabilities education act (20 U.S.C. 1400 et seq.), the older americans act of 1965 (42 U.S.C. 3001 et seq.), and titles V (42 U.S.C. 701 et seq.) and XIX of the social security act (42 U.S.C. 1396 et seq.), and centers in the state, the state protection and advocacy system, local agencies, and nongovernmental agencies and private nonprofit groups concerned with services to persons with developmental disabilities. The council shall be appointed by the governor who shall make appropriate provisions for the rotation of membership on the council and shall on July 1 of each year designate one member to be chairperson for the following year.
(b) At least 60% of the membership of the state council shall consist of persons who are:
(1) Persons with developmental disabilities or parents or guardians of such persons; or
(2) Immediate relatives or guardians of persons with mentally impairing developmental disabilities and who are not (A) employees of a state agency which receives funds or provides services under the federal rehabilitation act, or (B) managing employees (as defined in 42 U.S.C. 1320a-5 in effect on the effective date of this act) of any other entity which receives funds or provides services under the federal rehabilitation act of 1973 (29 U.S.C. 701 et seq.), as amended.
(c) Of the members of the state council described in subsection (b):
(1) At least one-third shall be persons with developmental disabilities; and
(2) At least one-third shall be individuals described in paragraph (2) of subsection (b), and at least one of such individuals shall be an immediate relative or guardian of an institutionalized person with a developmental disability, or shall be an individual with a developmental disability who resides or previously resided in an institution.
History: L. 1967, ch. 480, § 1; L. 1972, ch. 310, § 1; L. 1979, ch. 254, § 1; L. 2002, ch. 197, § 2; July 1.
(a) The state council shall:
(1) Study the problems of prevention, education, rehabilitation and other programs affecting the general welfare of the developmentally disabled.
(2) Monitor, review and evaluate, at least annually, the implementation of the state plan for developmental disabilities.
(3) Review and comment, to the maximum extent feasible, on all state plans in the state which relate to programs affecting persons with developmental disabilities.
(4) Submit to the secretary of health and human services, through the governor, such periodic reports on its activities as the secretary of health and human services may reasonably request and keep such records and afford such access thereto as the secretary of health and human services finds necessary to verify such reports. In accordance with federal laws, the state plan for developmental disabilities shall be prepared jointly by the division of the Kansas department for aging and disability services that is responsible for programs for developmental disabilities and the state council.
(5) Study the various state programs for the developmentally disabled and shall have power to make suggestions and recommendations to the various state departments for the coordination and improvements of such programs.
(b) The council may make proposed legislative recommendations having as a function the more efficient, economic and effective realization of intent, purpose and goal of the various programs for the developmentally disabled.
(c) Each state agency represented by membership on the council is hereby authorized to furnish such information, data, reports and statistics requested by the council.
History: L. 1967, ch. 480, § 2; L. 1972, ch. 310, § 2; L. 1979, ch. 254, § 2; L. 1995, ch. 234, § 19; L. 2002, ch. 197, § 3; L. 2014, ch. 115, § 304; July 1.
The state council shall conduct quarterly meetings and additional meetings deemed necessary, keep minutes and send a copy thereof to the governor and all participating state agencies and members. The council shall report regularly to the governor, the legislature, and various other state agencies and organizations working with the developmentally disabled on progress of programs throughout the state.
History: L. 1967, ch. 480, § 3; L. 1972, ch. 310, § 3; L. 1979, ch. 254, § 3; L. 2002, ch. 197, § 4; July 1.
Members of the state council on developmental disabilities attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.
History: L. 1972, ch. 310, § 4; L. 1974, ch. 348, § 79; L. 1975, ch. 416, § 12; L. 1979, ch. 254, § 4; L. 2002, ch. 197, § 5; July 1.
The division of the Kansas department for aging and disability services that is responsible for programs for developmental disabilities is hereby designated as the agency to receive and administer federal funds under the federal developmental disabilities assistance and bill of rights act, 42 U.S.C. §§ 6000 et seq., as amended. The state plan for developmental disabilities shall provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the state under such act.
History: L. 1972, ch. 310, § 5; L. 1979, ch. 254, § 5; L. 1995, ch. 234, § 20; L. 2002, ch. 197, § 6; L. 2014, ch. 115, § 305; July 1.
History: L. 1979, ch. 254, § 6; Repealed, L. 2002, ch. 197, § 8; July 1.
(a) The agency designated as the developmental disabilities protection and advocacy agency pursuant to P.L. 94-103, as amended, and P.L. 99-319, as amended, shall have access to records of:
(1) Any developmentally disabled or mentally ill person who is a client of the agency and has authorized access or if such person's legal guardian, conservator or other legal representative has authorized such access.
(2) Any developmentally disabled or mentally ill person, including a person who has died or whose whereabouts is unknown, whose physical or mental condition will not allow such person to grant the agency authorization to access if:
(A) A complaint has been received by the agency from or on behalf of such person or there is probable cause to believe, as a result of monitoring or other activities, that such person has been subject to abuse or neglect; and
(B) such person does not have a legal guardian, conservator or other legal representative, or the state or a designee of the state is the legal guardian of such person.
(3) Any person with a developmental disability who has a legal guardian, conservator or other legal representative with respect to whom a complaint has been received by the agency or with respect to whom there is probable cause to believe the health or safety of the individual is in serious and immediate jeopardy whenever:
(A) Such representative has been contacted by the agency upon receipt of the name and address of such representative;
(B) the agency has offered assistance to such representative to resolve the situation; and
(C) such representative has failed or refused to act on behalf of the person.
(b) The agency shall maintain the confidentiality of any records it obtains under this section to the same extent as is required by the facility, agency, person or other entity from which such records are obtained.
(c) As used in this section, "records" include reports prepared by any staff of a facility rendering care and treatment or reports prepared by an agency charged with investigating reports of incidents of abuse, neglect, injury or death occurring at such facility that describe incidents of abuse, neglect, injury or death occurring at such facility, and the steps taken to investigate such incidents, and discharge planning records.
History: L. 1985, ch. 269, § 2; L. 1988, ch. 305, § 2; L. 1991, ch. 240, § 1; July 1.
The provisions of article 56 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, shall be known and be cited as the Kansas law enforcement training act.
History: L. 1968, ch. 81, § 1; L. 1982, ch. 322, § 8; L. 1983, ch. 256, § 6; L. 1995, ch. 180, § 6; L. 2012, ch. 89, § 1; July 1.
As used in the Kansas law enforcement training act:
(a) "Training center" means the law enforcement training center within the university of Kansas, created by K.S.A. 74-5603, and amendments thereto.
(b) "Commission" means the Kansas commission on peace officers' standards and training, created by K.S.A. 74-5606, and amendments thereto, or the commission's designee.
(c) "Chancellor" means the chancellor of the university of Kansas, or the chancellor's designee.
(d) "Director of police training" means the director of police training at the law enforcement training center.
(e) "Director" means the executive director of the Kansas commission on peace officers' standards and training.
(f) "Law enforcement" means the prevention or detection of crime and the enforcement of the criminal or traffic laws of this state or of any municipality thereof.
(g) (1) "Police officer" or "law enforcement officer" means a full-time or part-time salaried officer or employee of the state, a county or a city, whose duties include the prevention or detection of crime and the enforcement of the criminal or traffic laws of this state or of any municipality thereof.
(2) "Police officer" or "law enforcement officer" includes, but is not limited to: The sheriff, undersheriff and full-time or part-time salaried deputies in the sheriff's office in each county; deputy sheriffs deputized pursuant to K.S.A. 19-2858, and amendments thereto; conservation officers of the Kansas department of wildlife and parks; university police officers, as defined in K.S.A. 22-2401a, and amendments thereto; campus police officers, as defined in K.S.A. 22-2401a, and amendments thereto; law enforcement agents of the director of alcoholic beverage control; law enforcement agents designated by the secretary of revenue pursuant to K.S.A. 75-5157, and amendments thereto; law enforcement agents of the Kansas lottery; law enforcement agents of the Kansas racing commission; deputies and assistants of the state fire marshal having law enforcement authority; capitol police, existing under the authority of K.S.A. 75-4503, and amendments thereto; special agents of the department of corrections; special investigators designated by the secretary of labor; and law enforcement officers appointed by the adjutant general pursuant to K.S.A. 48-204, and amendments thereto; railroad policemen appointed pursuant to K.S.A. 66-524, and amendments thereto; school security officers designated as school law enforcement officers pursuant to K.S.A. 72-6146, and amendments thereto; the manager and employees of the horsethief reservoir benefit district pursuant to K.S.A. 82a-2212, and amendments thereto; and the director of the Kansas commission on peace officers' standards and training and any other employee of such commission designated by the director pursuant to K.S.A. 74-5603, and amendments thereto, as a law enforcement officer. "Police officer" or "law enforcement officer" includes any officer appointed or elected on a provisional basis.
(3) "Police officer" or "law enforcement officer" does not include any elected official, other than a sheriff, serving in the capacity of a law enforcement or police officer solely by virtue of such official's elected position; any attorney-at-law having responsibility for law enforcement and discharging such responsibility solely in the capacity of an attorney; any employee of the secretary of corrections other than a special agent; any employee of the secretary for children and families; any deputy conservation officer of the Kansas department of wildlife and parks; or any employee of a city or county who is employed solely to perform correctional duties related to jail inmates and the administration and operation of a jail; or any full-time or part-time salaried officer or employee whose duties include the issuance of a citation or notice to appear provided such officer or employee is not vested by law with the authority to make an arrest for violation of the laws of this state or any municipality thereof, and is not authorized to carry firearms when discharging the duties of such person's office or employment.
(h) "Full-time" means employment requiring at least 1,000 hours of law enforcement related work per year.
(i) "Part-time" means employment on a regular schedule or employment which requires a minimum number of hours each payroll period, but in any case requiring less than 1,000 hours of law enforcement related work per year.
(j) "Misdemeanor crime of domestic violence" means a violation of domestic battery as provided by K.S.A. 21-3412a, prior to its repeal, or K.S.A. 21-5414, and amendments thereto, or any other misdemeanor under federal, municipal or state law that has as an element the use or attempted use of physical force, or the threatened use of a deadly weapon, committed against a person with whom the offender is involved or has been involved in a "dating relationship" or is a "family or household member" as defined in K.S.A. 21-5414, and amendments thereto, at the time of the offense.
(k) "Auxiliary personnel" means members of organized nonsalaried groups who operate as an adjunct to a police or sheriff's department, including reserve officers, posses and search and rescue groups.
(l) "Active law enforcement certificate" means a certificate that attests to the qualification of a person to perform the duties of a law enforcement officer and that has not been suspended or revoked by action of the Kansas commission on peace officers' standards and training and has not lapsed by operation of law as provided in K.S.A. 74-5622, and amendments thereto.
(m) "Applicant" means a person seeking certification as an officer under this act.
History: L. 1968, ch. 81, § 2; L. 1973, ch. 331, § 1; L. 1976, ch. 351, § 1; L. 1977, ch. 278, § 1; L. 1978, ch. 365, § 3; L. 1978, ch. 324, § 1; L. 1979, ch. 255, § 1; L. 1982, ch. 315, § 2; L. 1982, ch. 322, § 2; L. 1982, ch. 323, § 1; L. 1985, ch. 257, § 1; L. 1987, ch. 292, § 27; L. 1987, ch. 277, § 2; L. 1987, ch. 112, § 39; L. 1989, ch. 118, § 183; L. 1995, ch. 180, § 3; L. 1997, ch. 168, § 2; L. 2001, ch. 177, § 13; L. 2003, ch. 29, § 4; L. 2004, ch. 180, § 11; L. 2006, ch. 107, § 5; L. 2006, ch. 170, § 7; L. 2007, ch. 160, § 15; L. 2007, ch. 195, § 38; L. 2010, ch. 42, § 3; L. 2011, ch. 30, § 254; L. 2012, ch. 56, § 2; L. 2012, ch. 166, § 17; L. 2013, ch. 106, § 12; L. 2014, ch. 115, § 306; L. 2018, ch. 92, § 3; L. 2022, ch. 19, § 2; L. 2023, ch. 7, § 123; L. 2024, ch. 15, § 69; July 1.
History: L. 1968, ch. 81, § 2; L. 1973, ch. 331, § 1; L. 1976, ch. 351, § 1; L. 1977, ch. 278, § 1; L. 1978, ch. 365, § 3; L. 1978, ch. 324, § 1; L. 1979, ch. 255, § 1; L. 1982, ch. 315, § 2; L. 1982, ch. 322, § 2; L. 1982, ch. 323, § 1; L. 1985, ch. 257, § 1; L. 1987, ch. 292, § 27; L. 1987, ch. 277, § 2; L. 1987, ch. 112, § 39; L. 1989, ch. 118, § 183; L. 1995, ch. 187, § 2; Repealed, L. 1997, ch. 168, § 10; May 22.
(a) There is hereby created within the university of Kansas a law enforcement training center, to be located at the former site of the U.S. naval air station in Reno county. The purpose and function of such training center shall be the promotion and development of improved law enforcement personnel and procedures throughout the state, and the training center shall offer to qualified applicants, as defined in K.S.A. 74-5605, and amendments thereto, such programs and courses of instruction designed to fulfill this end. No person shall enroll in a basic course of instruction at the Kansas law enforcement training center unless the person holds a provisional law enforcement certificate.
(b) The chancellor, upon consultation with and approval of the commission, shall appoint a director of police training. The chancellor shall appoint such additional personnel as deemed necessary to carry out the law enforcement training programs of the training center. Such personnel, whether administrative, instructional or research, shall be in the unclassified service under the Kansas civil service act.
(c) The director of police training shall be responsible for the administration of the training center and for the operation of the programs thereunder. The director of police training shall be responsible for determining the curriculum of the program, subject to such changes and modification as are directed by the commission. In consultation with the commission, the director of police training may prescribe a code of conduct applicable to all trainees at the Kansas law enforcement training center. Upon consultation with and approval of the commission, the director of police training is authorized to adopt such rules and regulations and policies as are necessary for the effective administration of the law enforcement training program.
(d) Kansas commission on peace officers' standards and training shall appoint a director who shall be in the unclassified service under the Kansas civil service act.
(1) The director shall serve at the pleasure of the Kansas commission on peace officers' standards and training and shall be subject to removal by vote of ¾ of the entire commission membership.
(2) The director shall enter into contracts necessary to administer the provisions of the Kansas law enforcement training act.
(3) The director may appoint employees, agents and consultants as the director considers necessary and prescribe their duties.
(4) The director shall be a law enforcement officer. The director may designate any other employee of the Kansas commission on peace officers' standards and training as a law enforcement officer. The director and any employee designated as a law enforcement officer by the director shall possess all powers and privileges which are now or may hereafter be given to an agent of the Kansas bureau of investigation and may exercise such powers and privileges throughout the state.
History: L. 1968, ch. 81, § 3; L. 1973, ch. 331, § 2; L. 1976, ch. 351, § 2; L. 1982, ch. 322, § 9; L. 1995, ch. 180, § 7; L. 2006, ch. 170, § 8; L. 2012, ch. 89, § 3; July 1.
History: L. 1968, ch. 81, § 4; L. 1973, ch. 331, § 3; L. 1977, ch. 279, § 1; L. 1978, ch. 323, § 6; Repealed, L. 1982, ch. 322, § 12; July 1.
(a) The director of police training may establish a program for extending the law enforcement training and instruction throughout the state on a regional basis. The director of police training also may certify annually the training schools of state and local law enforcement agencies providing a course of law enforcement training for full-time police officers or law enforcement officers when such training programs satisfy the qualifications and standards promulgated by the director of police training after approval of the commission and when such programs satisfy a demonstrated training need not met by existing programs. The director of police training shall establish a course in basic law enforcement training for part-time police officers or law enforcement officers, approved by the commission, to be provided at the training center and certified state and local law enforcement training schools. In addition, after the general election of each election year and prior to January 1 of the next succeeding year, and at such other times as the director of police training deems necessary, the director of police training shall commence a training course for persons elected to the office of sheriff at the preceding general election.
(b) The director of police training shall conduct a pretraining evaluation of applicants for admission to the course for law enforcement officers conducted by the training center or to any certified state or local law enforcement training school to assure that each applicant is qualified to serve as a law enforcement officer. The director of police training shall adopt minimum standards, which shall receive prior approval by the commission, to be considered in the pretraining evaluation. The director of police training shall advise the city, county or state agency, railroad, school district or community college authorizing the applicant to attend the training center or certified state or local law enforcement training school of the results of the pretraining evaluation. The director of police training, with approval of the commission, may reject an applicant to the training center who does not meet the minimum pretraining standards.
(c) Training courses conducted pursuant to this section may include procedures for law enforcement to follow when responding to an allegation of stalking.
History: L. 1982, ch. 322, § 3; L. 1983, ch. 256, § 3; L. 1987, ch. 277, § 3; L. 1995, ch. 180, § 8; L. 2006, ch. 170, § 9; L. 2008, ch. 137, § 6; July 1.
(a) Every applicant for certification shall be:
(1) An employee of a state, county or city law enforcement agency, a municipal university police officer, a railroad policeman appointed pursuant to K.S.A. 66-524, and amendments thereto;
(2) an employee of the tribal law enforcement agency of an Indian nation that has entered into a tribal-state gaming compact with this state;
(3) a manager or employee of the horsethief reservoir benefit district pursuant to K.S.A. 82a-2212, and amendments thereto; or
(4) a school security officer designated as a school law enforcement officer pursuant to K.S.A. 72-6146, and amendments thereto.
(b) Prior to admission to a course conducted at the training center or at a certified state or local law enforcement agency, the applicant's appointing authority or agency head shall furnish to the director of police training and to the commission a statement certifying that the applicant has been found to meet the minimum requirements of certification established by this subsection. The commission may rely upon the statement of the appointing authority or agency head as evidence that the applicant meets the minimum requirements for certification to issue a provisional certification. Each applicant for certification shall meet the following minimum requirements:
(1) Be a United States citizen;
(2) have been fingerprinted pursuant to K.S.A. 2025 Supp. 22-4713, and amendments thereto, and a search of local, state and national fingerprint files made to determine whether the applicant has a criminal record;
(3) not have been convicted of a crime that would constitute a felony under the laws of this state, a misdemeanor crime of domestic violence or a misdemeanor offense that the commission determines reflects on the honesty, trustworthiness, integrity or competence of the applicant as defined by rules and regulations of the commission;
(4) have:
(A) graduated from a high school accredited by the Kansas state board of education or the appropriate accrediting agency of another state jurisdiction;
(B) obtained a high school education from a nonaccredited private secondary school as defined in K.S.A. 72-4345, and amendments thereto; or
(C) obtained the equivalent of a high school education as defined by rules and regulations of the commission;
(5) be of good moral character sufficient to warrant the public trust in the applicant as a police officer or law enforcement officer;
(6) have completed an assessment, including psychological testing approved by the commission, to determine that the applicant does not have a mental or personality disorder that would adversely affect the ability to perform the essential functions of a police officer or law enforcement officer with reasonable skill, safety and judgment;
(7) be free of any physical or mental condition which adversely affects the ability to perform the essential functions of a police officer or law enforcement officer with reasonable skill, safety and judgment; and
(8) be at least 21 years of age.
(c) The commission may deny a provisional or other certification upon a finding that the applicant has engaged in conduct for which a certificate may be revoked, suspended or otherwise disciplined as provided in K.S.A. 74-5616, and amendments thereto. When it appears that grounds for denial of a certification exist under this subsection, after a conditional offer of employment has been made to an applicant seeking appointment as a police officer or law enforcement officer, the applicant's appointing authority or agency head may request an order from the commission to determine whether a provisional certification will be issued to that applicant.
(d) As used in this section, "conviction" includes rendering of judgment by a military court martial pursuant to the uniform code of military justice, by a court of the United States or by a court of competent jurisdiction in any state, whether or not expunged; and any diversion or deferred judgment agreement entered into for a misdemeanor crime of domestic violence or a misdemeanor offense that the commission determines reflects on the honesty, trustworthiness, integrity or competence of the applicant as defined by rules and regulations by the commission and any diversion agreement or deferred judgment entered into on or after July 1, 1995, for a felony.
History: L. 1968, ch. 81, § 5; L. 1982, ch. 322, § 6; L. 1983, ch. 256, § 4; L. 1986, ch. 301, § 1; L. 1987, ch. 277, § 4; L. 1995, ch. 180, § 4; L. 1996, ch. 256, § 16; L. 1997, ch. 168, § 3; L. 2003, ch. 60, § 1; L. 2004, ch. 149, § 2; L. 2006, ch. 170, § 10; L. 2010, ch. 42, § 4; L. 2012, ch. 89, § 4; L. 2017, ch. 79, § 3; L. 2018, ch. 92, § 4; L. 2024, ch. 15, § 70; July 1.
History: L. 1968, ch. 81, § 5; L. 1982, ch. 322, § 6; L. 1983, ch. 257, § 1; Repealed, L. 1985, ch. 258, § 1; July 1.
(a) There is hereby created the Kansas commission on peace officers' standards and training which shall consist of 12 members which shall include:
(1) The superintendent of the Kansas highway patrol, or the superintendent's designee;
(2) the director of the Kansas bureau of investigation, or the director's designee;
(3) a sheriff of a county having a population of 50,000 or more, to be selected by the governor who shall consider, but not be limited to, a list of three nominees submitted therefor by the Kansas sheriffs' association;
(4) a sheriff of a county having a population of less than 50,000 and more than 10,000, to be selected by the governor who shall consider, but not be limited to, a list of three nominees submitted therefor by the Kansas sheriffs' association;
(5) a sheriff of a county having a population of 10,000 or less, to be selected by the governor who shall consider, but not be limited to, a list of three nominees submitted therefor by the Kansas sheriffs' association;
(6) a chief of police of a city of the first class, to be selected by the governor who shall consider, but not be limited to, a list of three nominees submitted therefor by the Kansas association of chiefs of police;
(7) a chief of police of a city of the second class, to be selected by the governor who shall consider, but not be limited to, a list of three nominees submitted therefor by the Kansas association of chiefs of police;
(8) a chief of police of a city of the third class, to be selected by the governor who shall consider, but not be limited to, a list of three nominees submitted therefor by the Kansas association of chiefs of police;
(9) a training officer from a certified state or local law enforcement training school, to be selected by the governor who shall consider, but not be limited to, a list of three nominees submitted therefor by the Kansas peace officers association;
(10) a full-time, commissioned law enforcement officer employed by either a state, county or city agency, to be selected by the governor who shall consider, but not be limited to, a list of three nominees submitted therefor by the fraternal order of police;
(11) a county or district attorney, or an assistant county or district attorney, to be selected by the governor who shall consider, but not be limited to, a list of three nominees submitted therefor by the county and district attorneys' association; and
(12) a member representing the public at large who is not associated with law enforcement, selected by the governor to serve as chairperson.
(b) Each person initially appointed to a position described in subsection (a)(6), (a)(7), (a)(8), (a)(9) or (a)(12) shall serve for a two-year term and thereafter the term of members appointed to such positions shall be four years. Each person appointed to a position described in subsection (a)(3), (a)(4), (a)(5), (a)(10) or (a)(11) shall serve for a four-year term. A person appointed to a position on the commission shall resign such position upon vacating the office or position which qualified such person to be appointed as a member of the commission in that position. Vacancies in any position shall be filled in the same manner as original appointments.
(c) Membership on the commission shall not constitute holding a public office, and members of the commission shall not be required to take and file oaths of office before serving on the commission and shall not be required to be bonded. No member of the commission shall be disqualified from holding any public office or employment by reason of the member's appointment to or membership on the commission and no such member shall forfeit any such office or employment by reason of the member's appointment under this section, notwithstanding the provision of any law or ordinance. Membership of members employed by a city or county shall be deemed for all purposes a duty of the member's employment by such city or county.
History: L. 1968, ch. 81, § 6; L. 1982, ch. 322, § 10; L. 1995, ch. 180, § 9; L. 2006, ch. 170, § 11; July 1.
(a) In addition to other powers and duties prescribed by law, the commission shall adopt, in accordance with the provisions of K.S.A. 77-415 et seq., and amendments thereto, rules and regulations necessary to carry out the provisions of and to administer the Kansas law enforcement training act. The commission may also adopt such rules of procedure or guidance documents as are necessary for conducting the business of the commission.
(b) The commission or a designated committee or member of the commission may conduct investigations and proceedings necessary to carry out the provisions of the Kansas law enforcement training act. In all investigations, hearings or other matters pending before the commission, the commission or any person acting as a presiding officer for the commission shall have the power to:
(1) Administer oaths and take testimony;
(2) issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the district courts. In case of the failure of any person to comply with any subpoena issued on behalf of the commission, or on the refusal of any witness to testify to any matters regarding which the witness may be lawfully questioned, the district court of any county, on application of a member of the commission, may require compliance by proceedings for contempt, as in the case of failure to comply with a subpoena issued from such court or a refusal to testify in such court. Each witness who appears before the commission by its order or subpoena, other than a state officer or employee, shall receive for such attendance the fees and mileage provided for witnesses in civil cases in courts of record which shall be audited and paid upon presentation of proper vouchers sworn to by such witnesses and approved by the chairperson of the commission or by a person or persons designated by the chairperson;
(3) enter into contracts necessary to administer the provisions of the Kansas law enforcement training act and the certification of law enforcement officers; and
(4) assess the costs of such matters pending before the commission under this section against the governmental entity employing the police officer or law enforcement officer.
(c) Members of the commission attending meetings of the commission, or attending a committee meeting authorized by the commission, shall be paid amounts provided for in K.S.A. 75-3223(e), and amendments thereto. The commission shall be responsible for approving all expense vouchers of members.
(d) The commission shall meet at least once each year at the training center and may hold other meetings whenever they are called by the chairperson.
(e) The commission shall adopt the rules and regulations that are necessary to ensure that law enforcement officers are adequately trained and to enforce the provisions of the Kansas law enforcement training act. Such rules and regulations shall include, but are not limited to, the establishment of a course of fire as a standard qualification for active law enforcement officers to carry firearms that may also be used for qualified retired officers to carry firearms pursuant to federal law. The director of police training shall provide qualification opportunities for qualified retired officers at the times and places the director determines to be necessary. The training center shall charge and collect a fee from retired state, local and federal officers for the qualification opportunities, but these fees shall be limited to the actual costs of presenting the standard qualifications course.
(f) The commission may require fingerprinting of each applicant for certification under the Kansas law enforcement training act in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto, and may require fingerprinting of a person who has received a certificate under the Kansas law enforcement training act if such person's conduct is investigated pursuant to this section. The commission shall appoint an employee of the commission whose official duty includes seeking and maintaining confidential information as provided by this subsection.
History: L. 1968, ch. 81, § 7; L. 1973, ch. 331, § 4; L. 1974, ch. 348, § 80; L. 1975, ch. 416, § 13; L. 1982, ch. 322, § 11; L. 1983, ch. 256, § 5; L. 1988, ch. 306, § 1; L. 2005, ch. 141, § 4; L. 2006, ch. 170, § 12; L. 2012, ch. 89, § 5; L. 2024, ch. 15, § 71; July 1.
(a) The commission shall not issue a certification as a full-time police officer or law enforcement officer unless such officer has been awarded a certificate attesting to satisfactory completion of a full-time officer basic course of accredited instruction at the training center or at a certified state or local law enforcement training school or has been awarded such a certificate for not less than the number of hours of instruction required by the Kansas law enforcement training act at the time such certificate was issued or received a permanent appointment as a full-time police officer or law enforcement officer prior to July 1, 1969, or was appointed a railroad policeman pursuant to K.S.A. 66-524, and amendments thereto, on or before January 1, 1982. No person shall receive certification as a part-time police officer or law enforcement officer unless such officer has been awarded a certificate attesting to the satisfactory completion of a part-time officer basic course of instruction in law enforcement at the training center or at a certified state or local law enforcement training school.
(b) Beginning the second year after certification, every full-time police officer or law enforcement officer shall complete annually 40 hours of continuing law enforcement education or training in subjects relating directly to law enforcement. Failure to complete such training shall be grounds for suspension of a certificate issued under the Kansas law enforcement training act until such training is completed, except that the commission may stay any such suspension upon a showing of hardship upon the employing law enforcement agency. The commission, in consultation with the director of police training, shall adopt rules and regulations regarding such education or training. Such education or training may include procedures for law enforcement to follow when responding to an allegation of stalking. Every city, county and state agency shall send to the director certified reports of the completion of such education or training. The commission shall maintain a record of the reports in the central registry.
(c) Subject to the provisions of subsection (d):
(1) Any person who is appointed or elected as a police officer or law enforcement officer and who does not hold a certificate as required by subsection (a) may be issued a provisional certificate for a period of one year. The commission may extend the one-year period for the provisional certificate if in the commission's determination the extension would not constitute an intentional avoidance of the requirements of subsection (a). If a person's provisional certificate expires or is revoked, the person shall not be issued another provisional certificate within one year of the expiration or revocation. A provisional certificate shall be revoked upon dismissal from any basic training program authorized by K.S.A. 74-5604a, and amendments thereto. A provisional certificate may be revoked upon voluntary withdrawal from any basic training program authorized by K.S.A. 74-5604a, and amendments thereto.
(2) Any police officer or law enforcement officer who does not complete the education or training required by subsection (b) by the date such education or training is required to have been completed shall be subject to revocation or suspension of certification and loss of the officer's office or position.
(d) The commission may extend, waive or modify the annual continuing education requirement, when it is shown that the failure to comply with the requirements of subsection (a) or (b) was not due to the intentional avoidance of the law.
History: L. 1982, ch. 322, § 4; L. 1988, ch. 306, § 2; L. 1995, ch. 180, § 10; L. 2006, ch. 170, § 13; L. 2008, ch. 137, § 7; L. 2012, ch. 89, § 6; July 1.
History: L. 1968, ch. 81, § 8; L. 1973, ch. 331, § 5; L. 1977, ch. 279, § 2; L. 1978, ch. 323, § 7; Repealed, L. 1982, ch. 322, § 12; July 1.
(a) The commission may, in the exercise of discretion, award a certificate to any person who has been duly certified under the laws of another state or territory if, in the opinion of the director of police training, the requirements for certification in such other jurisdiction equal or exceed the qualifications required to complete satisfactorily the basic course of instruction at the training center.
(b) The commission may waive any number of the hours or courses required to complete the basic course of instruction at the training center, part-time school, reciprocity school or for the hours required for annual continuing education for any person who, in the opinion of the director of police training, has received sufficient training or experience that such hours of instruction would be, unless waived, unduly burdensome or duplicative.
History: L. 1976, ch. 351, § 3; L. 1995, ch. 180, § 11; L. 1997, ch. 168, § 4; L. 2006, ch. 170, § 14; L. 2012, ch. 89, § 7; July 1.
History: L. 1968, ch. 81, § 9; L. 1978, ch. 323, § 8; Repealed, L. 1982, ch. 322, § 12; July 1.
(a) The law enforcement training center is authorized to charge tuition for each railroad policeman, each employee of a tribal law enforcement agency, each horsethief reservoir benefit district law enforcement officer and each school law enforcement officer enrolled in a course at the training center. Such tuition shall not exceed the training center's average operating cost per trainee. Tuition charges authorized by this section shall cover the cost of room, board and all necessary instructional supplies and material for any railroad policeman or school law enforcement officer attending the law enforcement training center.
(b) Any city, county or state agency which commences employment of a police officer or law enforcement officer within one year of the time such police officer or law enforcement officer has completed a course of instruction at a state or local law enforcement training school shall reimburse the city, county or state agency which paid the tuition for training such officer. This reimbursement shall include the amount of the tuition paid, the officer's salary and travel expenses and any other expenses incurred which were incidental to training such officer.
History: L. 1982, ch. 322, § 5; L. 1987, ch. 277, § 5; L. 1996, ch. 256, § 17; L. 2010, ch. 42, § 6; July 1.
History: L. 1973, ch. 331, § 6; Repealed, L. 1995, ch. 180, § 16; July 1.
The director of police training shall annually report to the attorney general of the state of Kansas the names of all persons who attended law enforcement training center during each training year.
History: L. 1975, ch. 157, § 2; L. 1995, ch. 180, § 12; L. 2006, ch. 170, § 15; July 1.
(a) (1) The commission shall establish and maintain a central registry of all Kansas police officers or law enforcement officers.
(2) The purpose of the registry is to be a resource for all agencies who appoint or elect police or law enforcement officers to use when reviewing employment applications of such officers. The registry shall include all records received or created by the commission pursuant to this section and all records related to violations of the Kansas law enforcement training act, including, but not limited to, records of complaints received or maintained by the commission.
(3) All records contained in the registry are confidential and shall not be disclosed pursuant to the Kansas open records act, except such records may be disclosed as provided in subsections (a)(4) and (a)(5) and the Kansas administrative procedure act.
(4) Records contained in the registry, other than investigative files, shall be disclosed:
(A) To an agency that certifies, appoints or elects police or law enforcement officers;
(B) to the person who is the subject of the information, but the commission may require disclosure in such a manner as to prevent identification of any other person who is the subject or source of the information;
(C) in any proceeding conducted by the commission in accordance with the Kansas administrative procedure act, or in an appeal of an order of the commission entered in a proceeding, or to a party in such proceeding or that party's attorney;
(D) to a municipal, state or federal licensing, regulatory or enforcement agency with jurisdiction over acts or conduct similar to acts or conduct that would constitute grounds for action under this act; and
(E) to the director of police training when such disclosure is relevant to the exercise of the authority granted in K.S.A. 74-5604a(b), and amendments thereto.
(5) The following records may be disclosed to any person pursuant to the Kansas open records act:
(A) A record containing only:
(i) A police or law enforcement officer's name;
(ii) the name of a police or law enforcement officer's current employer;
(iii) the police or law enforcement officer's dates of employment with the police or law enforcement officer's current employer;
(iv) the name of previous law enforcement employers and the dates of employment with each employer;
(v) a summary of the trainings completed by the police or law enforcement officer as reported to the commission; and
(vi) the status of the police or law enforcement officer's certification under this act; and
(B) statewide summary data without personally identifiable information.
(6) The provisions of K.S.A. 45-221(a), and amendments thereto, shall apply to any records disclosed pursuant to subsection (a)(4) or (a)(5).
(b) The director shall provide forms for registration and shall refuse any registration not submitted on such form in full detail.
(c) Within 30 days of appointment, election or termination, every city, county and state agency, every school district and every community college shall submit the name of any person appointed or elected to or terminated from the position of police officer or law enforcement officer within its jurisdiction.
(d) Upon termination, the agency head shall include a report explaining the circumstances under which the officer resigned or was terminated. Such termination report shall be available to the terminated officer and any law enforcement agency to which the terminated officer later applies for a position as a police officer or law enforcement officer. The terminated officer may submit a written statement in response to the termination, and any such statement shall be included in the registry file concerning such officer. The director shall adopt a format for the termination report.
(e) The agency, agency head and any officer or employee of the agency shall be absolutely immune from civil liability:
(1) For the report made in accordance with subsection (d); and
(2) when responding in writing to a written request concerning a current or former officer from a prospective law enforcement agency of that officer for the report made in accordance with subsection (d) and for the disclosure of such report.
History: L. 1982, ch. 322, § 7; L. 1987, ch. 277, § 6; L. 1992, ch. 157, § 1; L. 1995, ch. 180, § 13; L. 2004, ch. 149, § 3; L. 2006, ch. 170, § 16; L. 2018, ch. 93, § 3; L. 2023, ch. 25, § 7; July 1.
History: L. 1978, ch. 323, § 9; Repealed, L. 1982, ch. 322, § 12; July 1.
History: L. 1978, ch. 323, § 10; Repealed, L. 1982, ch. 322, § 12; July 1.
Revisor's Note: Later act, see 74-5619.
History: L. 1978, ch. 323, § 11; Repealed, L. 1982, ch. 322, § 12; July 1.
History: L. 1978, ch. 323, § 12; Repealed, L. 1982, ch. 322, § 12; July 1.
(a) No person shall be appointed as a full-time law enforcement officer unless the person holds a full-time active law enforcement certificate or a provisional law enforcement certificate. No person shall be appointed as a part-time officer unless the person holds a full-time active law enforcement certificate, a part-time active law enforcement certificate or a provisional certificate.
(b) The commission may suspend, condition or revoke the certification of a police officer or law enforcement officer, reprimand or censure a police officer or law enforcement officer, or deny the certification of a police officer or law enforcement officer who:
(1) Fails to meet and maintain the requirements of K.S.A. 74-5605 or 74-5607a, and amendments thereto;
(2) has knowingly submitted false or misleading documents or willfully failed to obtain any certification under the Kansas law enforcement training act;
(3) provides false information or otherwise fails to cooperate in a commission investigation to determine a person's continued suitability for law enforcement certification;
(4) fails to complete the annual continuing education required by K.S.A. 74-5607a, and amendments thereto, and implementing rules and regulations or otherwise fails to comply with the requirements of the Kansas law enforcement training act;
(5) engaged in conduct which, if charged as a crime, would constitute a felony crime under the laws of this state, a misdemeanor crime of domestic violence as defined in the Kansas law enforcement training act at the time the conduct occurred or a misdemeanor crime that the commission determines reflects on the honesty, trustworthiness, integrity or competence of the applicant as defined by rules and regulations of the commission;
(6) has used racial or other biased-based policing prohibited by K.S.A. 22-4609, and amendments thereto; or
(7) has engaged in unprofessional conduct as defined by rules and regulations of the commission.
(c) The procedure for the censure or reprimand of a police officer or law enforcement officer, or ordering a condition, suspension, revocation or denial of certification of a person as a police officer or law enforcement officer or an applicant for certification, shall be in accordance with the Kansas administrative procedure act.
(d) The commission may commence an emergency proceeding under the Kansas administrative procedure act to suspend the certification of any police officer or law enforcement officer who engages in conduct constituting grounds for discipline in this section and whose continued performance of duties constitutes an immediate danger to the public.
(e) Any action of the commission pursuant to this section is subject to review in accordance with the Kansas judicial review act. Upon request of the commission, the attorney general shall prosecute or defend any action for review on behalf of the state, but the county or district attorney of the county where the police or law enforcement officer has been employed as such shall appear and prosecute or defend such action upon request of the attorney general or commission. The commission may elect to retain the services of a private attorney to appear and prosecute or defend any action on behalf of the commission.
(f) The agency head or other appointing authority for a police officer or law enforcement officer under investigation for a violation of this section shall provide all reports, documentation, transcripts, recordings and other information to the commission when requested during the course of such investigation.
History: L. 1983, ch. 256, § 1; L. 1988, ch. 306, § 3; L. 1995, ch. 180, § 14; L. 1997, ch. 168, § 5; L. 2006, ch. 170, § 17; L. 2010, ch. 17, § 186; L. 2012, ch. 89, § 8; L. 2015, ch. 89, § 1; July 1.
History: L. 1983, ch. 256, § 1; L. 1988, ch. 356, § 294; Repealed, L. 1990, ch. 287, § 1; July 1.
(a) Every candidate for appointment to a position as a police officer or law enforcement officer shall hold permanent or provisional certification.
(b) For the purpose of determining the eligibility of an individual for certification under this act, the commission may require the submission of training and education records, and experience history, medical history, medical examination reports and records, and interview appraisal forms.
(c) Law enforcement agencies in Kansas shall be responsible for their agency's observance of the hiring requirements of this section.
(d) No law enforcement agency head or other appointing authority shall knowingly permit the hiring of any person in violation of the requirements of this act, or knowingly permit the continued employment of any person as a law enforcement officer after receiving written notice from the commission that the person does not hold an active law enforcement certificate. No law enforcement agency head or other appointing authority shall knowingly permit any auxiliary personnel who have been convicted of a felony offense under the laws of Kansas or any other jurisdiction access to law enforcement records or communication systems that are restricted under state or federal law or appoint as auxiliary personnel any person who does not meet the requirements of K.S.A. 74-5605, and amendments thereto. Any violation of the requirements of this act shall be deemed to constitute misconduct in office and shall subject the agency head or appointing authority to:
(1) Removal from office pursuant to K.S.A. 60-1205, and amendments thereto; or (2) a civil penalty in a sum set by the court of not to exceed $500 for each occurrence of noncompliance in an action brought in the district court, which penalty shall be paid to the state treasurer for deposit in the state treasury and credit to the Kansas commission on peace officers' standards and training fund.
(e) Whenever in the judgment of the commission any person has engaged in any acts or practices which constitute a violation of this act, or any rules and regulations of the commission, the commission may make application to the district court, without giving bond, for civil enforcement of this act or rules and regulations in accordance with the Kansas judicial review act. The district or county attorney of any county shall at the request of the commission render such legal assistance as necessary in carrying out the provisions of this act. Upon the request of the commission, the district or county attorney of the proper county shall institute in the name of the state or commission proceedings for appropriate relief, whether mandatory, injunctive or declaratory, preliminary or final, temporary or permanent, equitable or legal, against any person regarding whom a complaint has been made charging such person with the violation of any provision of this act.
(f) The commission shall make such inquiry as necessary to determine compliance with the requirements of this section and the rules and regulations adopted under it.
(g) It shall be the responsibility of the agency head to ensure that every police officer or law enforcement officer under their supervision has the opportunity to receive the mandatory training as prescribed in K.S.A. 74-5604a, and amendments thereto.
History: L. 1983, ch. 256, § 2; L. 1988, ch. 306, § 4; L. 1997, ch. 168, § 6; L. 2006, ch. 170, § 18; L. 2010, ch. 17, § 187; July 1.
History: L. 1983, ch. 257, § 2; Repealed, L. 2012, ch. 89, § 13; July 1.
(a) (1) On July 1, 2024: (A) The director of accounts and reports shall transfer all moneys in the law enforcement training center fund established pursuant to this section, prior to its amendment by this act, to the state general fund; (B) all liabilities of the law enforcement training center fund are hereby transferred to and imposed on the state general fund; and (C) the law enforcement training center fund is hereby abolished.
(2) All moneys received for assessments as provided pursuant to K.S.A. 74-5607, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(b) There is hereby created in the state treasury the Kansas commission on peace officers' standards and training fund. All moneys credited to such fund under the provisions of this act or any other law shall be expended only for the purpose of the operation of the commission to carry out its powers and duties as mandated by law. The director may apply for and receive public or private grants, gifts and donations of money for the commission. All moneys received from grants, gifts and donations shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas commission on peace officers' standards and training fund.
(c) The moneys credited to the Kansas commission on peace officers' standards and training fund shall be used for the purposes set forth in this section and for no other governmental purposes. It is the intent of the legislature that the moneys deposited in the fund shall remain intact and inviolate for the purposes set forth in this section.
(d) This section shall be part of and supplemental to the Kansas law enforcement training act.
History: L. 1988, ch. 306, § 5; L. 2001, ch. 5, § 330; L. 2006, ch. 170, § 19; L. 2016, ch. 88, § 5; L. 2024, ch. 39, § 5; July 1.
(a) There is hereby created in the state treasury the local law enforcement training reimbursement fund. All expenditures from the local law enforcement training fund shall: (1) Be distributed to municipalities which participated in local law enforcement training programs, certified by the commission, which existed prior to January 1, 1992, in accordance with a distribution formula developed by the commission; (2) not exceed more than 100% of the actual training costs incurred by the municipality in participating in the local law enforcement training program; and (3) be distributed for basic law enforcement training and not be for any type of continuing law enforcement training education programs. Such distribution formula shall provide that distribution be based on the number of individuals trained and the cost per individual trained of each such municipality. Any such distributions shall be reviewed on a year-to-year basis and adjusted accordingly pursuant to the criteria specified in this section. The commission shall conduct a review of all local law enforcement training programs in which municipalities receiving expenditures pursuant to this act are participating and shall require that all such law enforcement training programs report their costs in a standardized format prescribed by the commission. Expenditures from the local law enforcement training reimbursement fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the commission or by a person or persons designated by the commission.
(b) This section shall be part of and supplemental to the Kansas law enforcement training act.
History: L. 1992, ch. 315, § 11; L. 2006, ch. 170, § 20; L. 2011, ch. 9, § 1; July 1.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1995, ch. 180, § 15; July 1.
(a) Certification by the commission will remain active for a period of five years after leaving employment as a law enforcement officer. Certification which has lapsed due to more than five years since employment as a law enforcement officer may be reinstated if the applicant, within one year of reappointment:
(1) Satisfactorily completes the current basic training required under K.S.A. 74-5607a, and amendments thereto;
(2) passes a written competency test and firearms proficiency qualification course developed and administered by the Kansas law enforcement training center; or
(3) obtains from the commission pursuant to K.S.A. 74-5608a(b), and amendments thereto, a waiver based on the training, experience and circumstances of the applicant.
(b) (1) A person whose certificate issued under the Kansas law enforcement training act has been revoked may petition the commission to reinstate the certificate after the expiration of five years from the effective date of such revocation. If the commission denies a petition for reinstatement, such person may petition the commission to reinstate the certificate after the expiration of five years from such denial.
(2) The commission may reinstate a revoked certificate upon a finding that the petitioner is otherwise qualified for certification under the Kansas law enforcement training act and is sufficiently rehabilitated to warrant the public trust. The burden shall be upon the petitioner to establish rehabilitation by clear and convincing evidence.
(3) In determining whether a petitioner is sufficiently rehabilitated to warrant the public trust, the commission may consider any relevant evidence, and may, but shall not be required, to consider the following factors:
(A) The present moral fitness of the petitioner for performance of duties as a police officer or law enforcement officer;
(B) the demonstrated consciousness of the wrongful conduct and disrepute which the conduct has brought upon the law enforcement profession and the administration of justice;
(C) the extent of the petitioner's rehabilitation;
(D) the nature and seriousness of the original misconduct;
(E) the conduct subsequent to discipline;
(F) the time elapsed since the original discipline; and
(G) the petitioner's character, maturity and experience at the time of the original revocation.
(4) The proceedings on a petition for reinstatement shall be conducted in accordance with the Kansas administrative procedure act.
History: L. 1997, ch. 168, § 7; L. 2012, ch. 89, § 9; L. 2015, ch. 89, § 2; July 1.
(a) (1) Notwithstanding the provisions of K.S.A. 74-4971, and amendments thereto, on or after the effective date of this act, the Kansas commission on peace officers' standards and training shall affiliate with the Kansas police and firemen's retirement system established under the provisions of K.S.A. 74-4951 et seq., and amendments thereto, pursuant to the provisions of this act for membership in the system of members of the staff of the Kansas commission on peace officers' standards and training who have been designated as law enforcement officers by the executive director pursuant to K.S.A. 74-5603, and amendments thereto, and successfully completed the required course of instruction for law enforcement officers approved by the Kansas law enforcement training center or are certified pursuant to the provisions of K.S.A. 74-5607a, and amendments thereto. For purposes of such affiliation for membership in the system of such members, the Kansas commission on peace officers' standards and training shall be considered a new participating employer. The Kansas commission on peace officers' standards and training shall make application for affiliation with such system in the manner provided by K.S.A. 74-4954, and amendments thereto, to be effective on July 1 next following application. The Kansas commission on peace officers' standards and training shall affiliate for membership in the system of such members for participating service credit.
(2) The Kansas commission on peace officers' standards and training shall pay a sum sufficient to satisfy any obligations as certified by the board of trustees of the retirement system and the employer contributions of the Kansas commission on peace officers' standards and training shall be as provided in subsection (1) of K.S.A. 74-4967, and amendments thereto.
(b) (1) Each such member of the staff employed by the Kansas commission on peace officers' standards and training on the date of affiliation, may become a member of the Kansas police and firemen's retirement system on the first day of the payroll period of such member, coinciding with or following the entry date of the Kansas commission on peace officers' standards and training as provided in this section, only by filing with the board of trustees of the system, on or before the entry date of the Kansas commission on peace officers' standards and training as provided in this section, a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become or not to become a member, shall be irrevocable.
(2) Each such member of the staff of the Kansas commission on peace officers' standards and training who is on an authorized leave of absence or is in the military service on the entry date of the Kansas commission on peace officers' standards and training as provided in this section may become a member of the Kansas police and firemen's retirement system on the first day of the first payroll period of such member, coinciding with such member's return to active employment and payroll of the Kansas commission on peace officers' standards and training, only by filing with the board of trustees of the system within 10 days after such return to active employment a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become a member or not to become a member, shall be irrevocable.
(c) Each such member who is employed as a member of the staff of the Kansas commission on peace officers' standards and training on or after the entry date of the Kansas commission on peace officers' standards and training into the Kansas police and firemen's retirement system as provided in this section shall become a member of the Kansas police and firemen's retirement system on the first day of such employment.
(d) If the Kansas commission on peace officers' standards and training affiliates as provided in this act, the Kansas commission on peace officers' standards and training and each member of the staff who elects to become a member shall be subject to the provisions of K.S.A. 74-4951 et seq., and amendments thereto, as applicable.
(e) The division of the budget of the department of administration and the governor shall include in the budget and in the budget request for appropriations for personnel services the amount required to satisfy the employer's obligation under this act as certified by the board of trustees of the system, and shall present the same to the legislature for allowance and appropriations.
(f) The determination of retirement, death or disability benefits shall be computed upon the basis of "credited service" as used in K.S.A. 74-4951 et seq., and amendments thereto, but shall include only participating service with the person's participating employer, commencing on and after the effective date of affiliation by the participating employer with the Kansas police and firemen's retirement system.
History: L. 2006, ch. 170, § 21; July 1.
(a) There is hereby established the Kansas criminal justice information system committee to be composed of the following persons or their designated representative: (1) The secretary of administration; (2) the director of the Kansas bureau of investigation; (3) the superintendent of the Kansas highway patrol; (4) a sheriff as designated by the Kansas sheriff's association; (5) a chief of police as designated by the Kansas association of chiefs of police; (6) the secretary of the Kansas department of corrections; (7) the judicial administrator of the office of judicial administration; (8) a prosecutor as designated by the Kansas county and district attorneys association; (9) a court administrator or clerk as designated by the Kansas association of district court clerks and administrators; and (10) a representative from the Kansas association of public safety communications officials.
(b) The committee shall elect a chairperson and the secretary of administration shall serve as co-chairperson. The chairperson shall serve for a term of one year. The co-chairperson may cast a vote only in cases of tie votes.
(c) The committee shall meet, on call of the chairperson, as often as is necessary to carry out the provisions of this article. Members of the committee attending meetings of such committee, or attending a subcommittee meeting thereof authorized by such committee, shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(d) As used in this article, "committee" means the Kansas criminal justice information system committee.
History: L. 1968, ch. 123, § 1; L. 1970, ch. 343, § 1; L. 1974, ch. 348, § 81; L. 1991, ch. 241, § 1; L. 2003, ch. 62, § 1; L. 2014, ch. 46, § 1; July 1.
(a) The committee shall establish, maintain, upgrade and enhance the criminal justice information system, by adoption, management and enforcement of a minimum standard of computerized information. Such minimum standards shall be established by the committee by rules and regulations and may be changed as technology and system management may require.
(b) The committee shall make available through funds from K.S.A. 74-5707, and amendments thereto, a connection between each county and the state into a unified electronic information system, if the county meets the standards for use of the connection established by the committee by rules and regulations.
(c) The committee shall approve substantive changes, as defined by the committee by rules and regulations, made by any state agency or other agency to the electronic information exchange format, programming or other components of the criminal justice information system before the changes may be implemented. The committee shall report regularly to the criminal justice coordinating council, established by K.S.A. 74-9501, and amendments thereto. The committee shall inform the council and request its comments regarding proposed rules and regulations, policies and standards proposed by the committee and proposed projects which would expand or modify the criminal justice information system or its services.
(d) The committee is authorized to enter into agreements to lease or purchase such facilities and equipment as may be necessary to establish, operate and maintain such electronic information system, or as needed to accomplish the operations of the committee. The committee may designate a specific state agency or group of agencies to provide a specific service or group of services to the system. The cost of establishing, maintaining and upgrading such system, except as otherwise provided in this article, shall be paid for from funds appropriated or made available for such purpose by the legislature. The committee is hereby authorized and directed to accept and use any available funds for the establishment, maintenance, upgrading and operation of the information system.
(e) The chairperson may appoint subcommittees to assist the committee in its operation.
(f) Within the limits of appropriations therefor, the committee may appoint a director who shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary fixed by the committee.
History: L. 1968, ch. 123, § 2; L. 1970, ch. 343, § 2; L. 1991, ch. 241, § 2; L. 2003, ch. 62, § 2; L. 2014, ch. 46, § 2; July 1.
The board of county commissioners of each county shall establish, maintain and equip at least one outlet or terminal within the county as part of the statewide information system created under this article. Upon application to and written approval of the committee, additional outlets or terminals may be established within a county by the board of county commissioners of such county or by the governing body of any city within such county. Except as otherwise provided in this article, the cost of establishing and upgrading any such outlet or terminal, including the cost of equipment and the cost of connecting it to the statewide system, shall be paid for by the political subdivision so establishing such outlet or terminal from its general fund. The board of county commissioners of each county and the governing body of any city establishing or upgrading an outlet or terminal under this article are hereby authorized and directed to accept and use any available funds for the operation of the criminal justice information system.
History: L. 1968, ch. 123, § 3; L. 1970, ch. 343, § 3; L. 1991, ch. 241, § 3; L. 2003, ch. 62, § 3; L. 2014, ch. 46, § 3; July 1.
The committee shall:
(a) Adopt and enforce rules, regulations and policies that are necessary for the establishment, maintenance, upgrading and operation of the statewide criminal justice information system; and
(b) adopt rules and regulations that require entities connected to the Kansas criminal justice information system to report any cybersecurity incident to the Kansas bureau of investigation not later than 12 hours after the discovery of such cybersecurity incident.
History: L. 1968, ch. 123, § 4; L. 1970, ch. 343, § 6; L. 1991, ch. 241, § 4; L. 2003, ch. 62, § 4; L. 2014, ch. 46, § 4; L. 2023, ch. 75, § 3; July 1.
The committee may require the board of county commissioners of any county in which there is located only one outlet or terminal to upgrade such outlet or terminal at the expense of such county.
History: L. 1970, ch. 343, § 4; July 1.
The committee may provide for additional outlets or terminals in any county and for upgrading any outlet or terminal in a county in which there is more than one outlet or terminal. The cost of providing any additional outlet or terminal required under authority of this section and the cost of upgrading any outlet or terminal required under authority of this section shall be paid in accordance with this section as determined by the committee. The committee may determine that the board of county commissioners or the governing body of the city in which any such outlet or terminal is located or to be located shall pay the entire cost thereof, or that the state and such county or city shall share such cost, or that the state shall pay such entire cost. In making such determination the committee is directed to provide that the state shall pay all or part of any costs incurred under this section if the committee is of the opinion that such costs are necessary to maintain or improve the effectiveness of the statewide criminal justice information system as a whole.
History: L. 1970, ch. 343, § 5; L. 1991, ch. 241, § 5; L. 2003, ch. 62, § 5; L. 2014, ch. 46, § 5; July 1.
There is hereby created in the state treasury the criminal justice information system line fund. All moneys credited to the criminal justice information system line fund shall be used by the Kansas bureau of investigation for the purpose of providing communications lines, outlets and terminals to each county for the Kansas criminal justice information system, as required by K.S.A. 74-5702, and amendments thereto. All expenditures from the criminal justice information system line fund shall be made in accordance with appropriation acts, upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas bureau of investigation or the director's designee.
History: L. 2010, ch. 145, § 3; July 1.
There is hereby established the Kansas board of examiners in fitting and dispensing of hearing instruments constituted as provided in this act and hereinafter called the "board."
History: L. 1968, ch. 164, § 1; L. 1978, ch. 308, § 68; L. 1981, ch. 299, § 59; L. 2006, ch. 115, § 1; July 1.
(a) The governor shall appoint a board of examiners of hearing instrument dispensers, consisting of five persons. No person shall be eligible for appointment as a member of the board unless such person is a resident of Kansas. The governor shall appoint three members of such board who are licensed in this state as hearing instrument fitters and dispensers and shall have been engaged in the actual practice of fitting and dispensing hearing instruments in this state continuously for the last five years. The Kansas hearing aid association shall submit the names of three persons licensed in this state as hearing instrument fitters and dispensers and the Kansas speech language and hearing association shall submit the names of three persons licensed in this state as hearing instrument fitters and dispensers to the governor who shall select at least one member from each list to be on the board with the third member being selected by the governor. The final composition of the board shall include one audiologist who is also licensed as a hearing instrument fitter and dispenser and one hearing instrument fitter and dispenser who is not licensed as an audiologist. The governor shall appoint two members of such board who are individuals not currently engaged in the practice of fitting and dispensing hearing instruments nor have any current or previous affiliation with a fitter and dispenser of hearing instruments. Each member shall be appointed by the governor for terms of three years. Vacancies shall be filled by appointment by the governor for the unexpired term. The governor shall have the power to remove from office any member of the board for neglect of duty, incompetency, improper or unprofessional conduct, or when the certificate of a member has been revoked.
(b) The provisions of this act shall not affect the office of any member of the board appointed prior to the effective date of this act. As positions become vacant on the board, appointments shall be made in a manner so as to comply with the provisions of this section.
History: L. 1968, ch. 164, § 2; L. 2006, ch. 115, § 2; July 1.
The board shall meet at least once each year at a place and time determined by the chairman. The board shall also meet at such other times and places as are specified by the chairman to carry out the purposes of this act.
History: L. 1968, ch. 164, § 3; July 1.
The board shall keep a record in which shall be registered the name, residence, place of business, date of issuance of license, renewals, revocations, suspensions or other disciplinary action of every person authorized under this act to practice the fitting of or dispensing of hearing aids. A majority of the board shall constitute a quorum and the proceedings thereof shall be open to the public.
History: L. 1968, ch. 164, § 4; L. 2006, ch. 115, § 3; July 1.
At the first meeting of the board in every year it shall elect from its own membership a chairman and vice-chairman. The board shall appoint one of its own members or some other person to serve as executive officer of the board. The executive officer shall be in the unclassified service of the Kansas civil service act and shall receive compensation fixed by the board with the approval of the state finance council.
Members of the board attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. The board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the hearing instrument board fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person or persons designated by such executive officer.
History: L. 1968, ch. 164, § 5; L. 1973, ch. 309, § 40; L. 1974, ch. 348, § 82; L. 2001, ch. 5, § 331; L. 2006, ch. 115, § 4; L. 2011, ch. 53, § 50; July 1.
The board is hereby authorized, empowered and directed to administer and enforce the provisions of this act and it is hereby granted such specific powers as are necessary for the purpose of administering and enforcing the same. In addition thereto the board shall have the power:
(a) To employ or contract with agents, attorneys and inspectors under such rules and regulations as it may prescribe in accordance with the provisions of this act, but no state officer shall be eligible for employment by the board.
(b) To make all necessary disbursements and purchases to carry out the provisions of this act.
(c) To appoint representatives to conduct or supervise the examination of applicants for license.
(d) To designate the time and place for examining applicants for licenses.
(e) The board shall preserve an accurate record of all meetings and proceedings of the board including a complete record of all prosecutions and disciplinary actions for violations of this act and rules and regulations adopted thereunder, and of examinations held under the provisions hereof. Such records shall be kept in the office of the board and made accessible to the public in accordance with the Kansas open records act.
(f) To administer oaths; take testimony upon revoking, suspending or taking other disciplinary action against licenses.
(g) To grant all licenses to eligible applicants and to revoke, suspend or take other authorized disciplinary action against any such license granted for any of the causes specified in this act or rules and regulations adopted thereunder.
(h) Each witness who appears before the board at its request, other than a state officer or employee, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record which shall be audited and paid upon the presentation of proper vouchers sworn to by such witnesses and approved by the chair or executive officer of the board.
(i) To make rules and regulations for the procedure, conduct and government of applicants and licensees, for implementation and administration of this act and to prescribe by rules and regulations a code of ethics for hearing instrument fitters and dispensers within this state, which the rules and regulations shall not be inconsistent with the provisions of this act.
(j) To require, in its discretion, the periodic inspection and calibration of audiometric testing equipment and to carry out the periodic inspection of facilities of all persons who practice the fitting or dispensing of hearing instruments.
History: L. 1968, ch. 164, § 6; L. 2006, ch. 115, § 5; July 1.
As used in this act, unless the context otherwise requires:
(a) The "board" means the Kansas board of examiners in fitting and dispensing of hearing instruments.
(b) "License" means an authorization to practice the fitting and dispensing of hearing instruments pursuant to this act and includes a temporary license and any certificate of endorsement issued prior to July 1, 2005.
(c) "Hearing instrument" means any instrument, aid or device designed for or represented as aiding or improving impaired human hearing and any parts of such an instrument, aid or device.
(d) "Practice of fitting and dispensing hearing instruments" means the evaluation or measurement of the powers or range of human hearing by means of an audiometer or by any other means as established by rules and regulations of the board and the consequent selection or adaptation or sale of hearing instruments intended to compensate for hearing loss, including the making of an impression of the ear.
History: L. 1968, ch. 164, § 7; L. 2006, ch. 115, § 6; July 1.
(a) No person shall engage in the sale of or practice of dispensing and fitting hearing instruments or display a sign or in any other way advertise or hold oneself out as a person who practices the dispensing and fitting of hearing instruments unless such person holds a current, unsuspended, unrevoked license issued by the board as provided in this act, or unless such person holds a current, unsuspended, unrevoked certificate of endorsement. The license or certificate required by this section shall be kept conspicuously posted in such person's office or place of business at all times.
(b) No person shall use the title "hearing instrument dispenser," "hearing aid dispenser," "hearing instrument specialist," "hearing aid specialist," "hearing aid dealer," "hearing instrument dealer" or any other comparable or similar term or by any other words, letters, abbreviations or insignia that indicate such person practices the fitting of hearing instruments unless such person is licensed by the board.
History: L. 1968, ch. 164, § 8; L. 2006, ch. 115, § 7; July 1.
Any person who practices the fitting or dispensing of hearing aids shall provide to each purchaser of a hearing instrument, a purchase agreement which shall contain the licensee's printed name, signature, address of regular place of practice and licensee number. The purchase agreement shall include the brand, model, style, type of technology, warranty and the amount charged for the hearing instrument furnished to the consumer. The purchase agreement shall also include the condition of the hearing instrument and whether it is assembled, new, used or rebuilt.
History: L. 1968, ch. 164, § 9; L. 2006, ch. 115, § 8; July 1.
(a) This act shall not apply to:
(1) A person while such person is engaged in the practice of fitting hearing aids if such person's practice is part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public, charitable institution or nonprofit organization, which is primarily supported by voluntary contributions so long as such organization does not sell hearing aids or accessories thereto; or
(2) a licensed audiologist employed by a publicly funded school district, a special education cooperative or an education service center while serving preschool through high school age students so long as such organization does not sell hearing aids or accessories thereto and such person performing the fitting in this section does not specifically charge the person fitted a fee for such services.
(b) If a person exempt from this act pursuant to subsection (a) is a licensee of another state agency and a complaint is filed against such person with such agency regarding conduct covered by this act, such agency shall consult with the Kansas board of examiners in fitting and dispensing of hearing aids regarding such complaint.
(c) This act shall not be construed to prevent or limit any person who is a practitioner of the healing arts licensed by the state board of healing arts in treatment of any kind or in fitting hearing aids to the human ear.
History: L. 1968, ch. 164, § 10; L. 2003, ch. 47, § 1; July 1.
(a) The board is hereby authorized to adopt rules and regulations fixing the amount of fees for the following items and to charge and collect the amounts so fixed subject to the following limitations:
(b) Whenever the board shall determine that the total amount of revenue derived from the fees collected pursuant to this section is insufficient to carry out the purposes for which such fees are collected, the board may amend such rules and regulations to increase the amount of the fee, except that the amount of the fee for any item shall not exceed the maximum amount authorized by this section. Whenever the amount of fees collected pursuant to this section provides revenue in excess of the amount necessary to carry out the purposes for which such fees are collected, it shall be the duty of the board to decrease the amount of the fee for one or more of the items listed in this subsection by amending the rules and regulations which fix such fees.
(c) Fees paid under this section are not refundable.
History: L. 1980, ch. 243, § 1; L. 1999, ch. 75, § 1; L. 2006, ch. 115, § 9; July 1.
An applicant for a license shall submit an application on a form provided by the board and shall pay the license application fee provided for in K.S.A. 74-5810a, and amendments thereto and shall show to the satisfaction of the board that such applicant:
(a) Is 21 years of age or older; and
(b) has graduated from an accredited high school or has a degree equivalent to graduation from an accredited high school.
History: L. 1968, ch. 164, § 11; L. 1980, ch. 243, § 2; L. 1984, ch. 292, § 1; L. 1999, ch. 75, § 2; L. 2006, ch. 115, § 10; July 1.
(a) An applicant for a license who is notified by the board that such applicant has fulfilled the requirements of K.S.A. 74-5811 shall appear at a time, place and before such persons as the board may designate, to be examined by written and practical tests in order to demonstrate that such applicant is qualified to practice the fitting and dispensing of hearing instruments:
(b) An applicant who fulfills the requirements of K.S.A. 74-5811, who has completed the required training hours as established by rules and regulations of the board and who has not held a temporary license within the preceding three years may apply to the board for a temporary license.
(c) Upon receiving an application provided under subsection (b) of this section, accompanied by the temporary license fee provided for in K.S.A. 74-5810a, the board may issue a temporary license which shall entitle the applicant to practice the fitting and dispensing of hearing instruments for a period ending 30 days after the next examination.
(d) No temporary license shall be issued by the board under this section unless the applicant shows to the satisfaction of the board that such applicant is or will be employed, and in the course of such employment will practice fitting and dispensing of hearing instruments under the supervision of a person who holds a valid license issued under this act and meets any other requirements established by rules and regulations of the board.
(e) If a person who holds a temporary license issued under this section does not take the next examination given after the date of issue, the temporary license shall not be renewed, except for good cause shown to the satisfaction of the board.
(f) If a person who holds a temporary license passes the examination, upon payment of the license fee, the board shall issue such person a license to practice fitting and dispensing of hearing instruments.
(g) If a person who holds a temporary license issued under this section takes and fails to pass the next examination given after the date of issue, the board may renew the temporary license. However, an individual may hold a temporary license no more than 16 months. No more than one renewal shall be permitted. A temporary license renewal fee as provided for in K.S.A. 74-5810a shall be charged by the board.
(h) A temporary license may be revoked, suspended or otherwise disciplined for the same grounds as provided in this act for licensees.
History: L. 1968, ch. 164, § 12; L. 1980, ch. 243, § 3; L. 2006, ch. 115, § 11; July 1.
The examination provided in K.S.A. 74-5812 shall consist of:
(a) Tests of knowledge in the following areas as they pertain to the fitting of hearing instruments.
(1) Basic physics of sound.
(2) The human hearing mechanism, including the science of hearing and the cause and rehabilitation of abnormal hearing and hearing disorders.
(3) Structure and function of hearing instruments.
(4) Other areas relating to the fitting of hearing instruments as may be determined by the board.
(b) Tests of proficiency in the following techniques as they pertain to the fitting of hearing instruments.
(1) Pure tone audiometry, including air conduction testing and bone conduction testing.
(2) Live voice or recorded voice speech audiometry.
(3) Effective masking.
(4) Recording and evaluation of pure tone audiograms and speech audiometry to determine hearing instrument candidacy.
(5) Selection and adaptation of hearing instruments and testing of hearing instruments.
(6) Taking earmold impressions.
(7) Troubleshooting and modification of hearing instruments.
(8) Food and drug administration medical referral criteria.
(9) The hearing instrument act and rules and regulations adopted thereunder.
(10) Other skills as may be determined by the board for the fitting and dispensing of hearing instruments.
(c) The tests under this section shall not include questions requiring a medical or surgical education.
History: L. 1968, ch. 164, § 13; L. 2006, ch. 115, § 12; July 1.
(a) The board shall issue a license to each applicant who (1) satisfactorily passes the examination, or (2) is currently licensed as an audiologist under K.S.A. 65-6501 et seq., and amendments thereto, and holds a doctoral degree or its equivalent in audiology from a nationally or regionally accredited college or university in a program with educational standards consistent with those of the state universities of Kansas, who pays the license fee provided for in K.S.A. 74-5810a, and amendments thereto and who submits documentation that the calibration of the applicant's audiometric testing equipment has been tested and verified as accurate within the preceding two-year period. The license shall be effective for one year.
(b) The board may issue a license to a person who is currently licensed to practice fitting and dispensing of hearing instruments in another jurisdiction if the board determines that the applicant demonstrates, on forms provided by the board, compliance with the following standards as adopted by the board:
(1) Continuous licensure to practice fitting and dispensing of hearing instruments during the five years immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board; and
(2) the absence of disciplinary actions of a serious nature brought by a licensing board or agency of another jurisdiction.
History: L. 1968, ch. 164, § 14; L. 1980, ch. 243, § 4; L. 1984, ch. 292, § 2; L. 2006, ch. 115, § 13; July 1.
(a) A person who holds a license shall notify the board in writing of the business name and address of the place or places where such person engages or intends to engage in the practice of fitting or dispensing of hearing instruments and shall notify the board within 10 days of any change of such information.
(b) A person who holds a temporary license shall further notify the board in writing within 10 days of any change of such person's supervisor and submit the change of supervisor fee.
(c) The board shall keep a record of the places of practice of persons who hold a license or temporary license. Any notice required to be given by the board to a person who holds a license, temporary license or certificate of endorsement may be given by mailing it to the address of the last place of practice of which such person has notified the board.
History: L. 1968, ch. 164, § 15; L. 2006, ch. 115, § 14; July 1.
(a) The executive officer of the board shall send a written notice of renewal to every person holding a valid license to practice the fitting and dispensing of hearing instruments within the state at least 30 days prior to the first day of July in each year, directed to the last known address of such licensee.
(b) A person who practices the fitting and dispensing of hearing instruments shall annually pay to the board the license renewal fee provided for in K.S.A. 74-5810a, and amendments thereto, for renewal of such person's license and shall submit documentation that the calibration of the person's audiometric testing equipment has been tested and verified as accurate within the preceding two-year period. A thirty-day grace period shall be allowed after the expiration of a license during which the same may be renewed on payment to the board of the late renewal fee provided for in K.S.A. 74-5810a, and amendments thereto and submission of the documentation of testing and verification of calibration.
(c) Within two years after the expiration of the grace period, the board may reinstate a license upon payment to the board of the license reinstatement fee provided for in K.S.A. 74-5810a, and amendments thereto and submission of the documentation of testing and verification of calibration. Such person may also be required to complete such additional testing, training or education as the board may deem necessary to establish the person's present ability to practice with reasonable skill and safety.
(d) A person who applies for reinstatement and whose license expired for the sole reason of failure to renew shall be required to submit to any examination as a condition of reinstatement if such person applies for reinstatement more than two years from the date of expiration of the license.
History: L. 1968, ch. 164, § 16; L. 1980, ch. 243, § 5; L. 1984, ch. 292, § 3; L. 2006, ch. 115, § 15; July 1.
History: L. 1968, ch. 164, § 17; Repealed, L. 1984, ch. 292, § 4; January 1, 1985.
An applicant or any person licensed under this act may have the license denied, revoked, suspended or conditioned for a fixed period to be determined by the board for any of the following causes:
(a) Conviction of a felony or a misdemeanor related to the practice of fitting and dispensing hearing instruments. The record of conviction, or a certified copy thereof certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of such conviction.
(b) When the license has been secured or attempted to be secured by fraud or deceit practiced upon the board.
(c) For unethical conduct or unprofessional conduct.
(d) Advertising in a manner that is false, fraudulent, deceptive or misleading.
(e) Practicing the fitting or dispensing of hearing instruments under a false or alias name other than a legal business entity name.
(f) For violation of any of the provisions of this act or any rule and regulation adopted hereunder.
(g) For negligent or incompetent practice or supervision.
History: L. 1968, ch. 164, § 18; L. 1999, ch. 75, § 3; L. 2006, ch. 115, § 17; July 1.
No person may:
(a) Sell, barter or offer to sell or barter a license.
(b) Purchase or procure by barter a license with intent to use it as evidence of the holder's qualification to practice the fitting and dispensing of hearing aids.
(c) Alter materially a license.
(d) Use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered.
(e) Willfully make a false, material statement in an application for a Kansas license or for renewal or reinstatement of a Kansas license.
(f) Sell through the mail, courier or delivery service, internet, telephonically or electronically hearing instruments without prior fitting and testing by a licensee except for a replacement of a hearing instrument that was previously fitted and tested by a licensee.
History: L. 1968, ch. 164, § 19; L. 2006, ch. 115, § 19; July 1.
Before any license may be suspended, revoked or other disciplinary action taken, the board shall give the licensee notice and an opportunity to be heard in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1968, ch. 164, § 20; L. 1984, ch. 313, § 138; L. 2006, ch. 115, § 20; July 1.
In addition to the payment of the license renewal fee, each licensee applying for the renewal or reinstatement of a license shall furnish to the executive officer of the board satisfactory evidence that such person has obtained the required number of hours of continuing education as established by rules and regulations of the board in the year just preceding such application for the renewal or reinstatement of the license.
In the event that any licensee shall fail to meet such annual educational requirement, the license shall be denied. The board of examiners may reinstate such licensee to practice the fitting and dispensing of hearing aids upon the presentation of satisfactory evidence of educational study of a standard approved by the board, and upon the payment of all fees due.
History: L. 1968, ch. 164, § 21; L. 2006, ch. 115, § 21; July 1.
In case for any reason any paragraph or any provision of this act shall be questioned in any court of last resort, and shall be held by such court to be unconstitutional or invalid, the same shall not be held to affect any other paragraph or provision of this act.
History: L. 1968, ch. 164, § 22; July 1.
This act and the act of which this section is amendatory shall be known and may be cited as the "hearing instrument act."
History: L. 1968, ch. 164, § 23; L. 2006, ch. 115, § 22; July 1.
Any person who violates any of the provisions of this act shall be deemed guilty of a class C misdemeanor for the first offense, and a class B misdemeanor for the second or subsequent offense.
History: L. 1968, ch. 164, § 24; L. 1999, ch. 75, § 4; July 1.
(a) There is hereby created a designation of inactive license. The board is authorized to issue an inactive license to any licensee who makes written application for such license on a form provided by the board and remits the fee for an inactive license established pursuant to K.S.A. 74-5810a, and amendments thereto. The board may issue an inactive license only to a person who is not engaged in the practice of fitting and dispensing hearing instruments in Kansas and who does not hold oneself out to the public as being professionally engaged in such practice. An inactive license shall not entitle the holder to practice fitting and dispensing hearing instruments in this state. The holder of an inactive license shall not be required to submit evidence of satisfactory completion of a program of continuing education required by K.S.A. 74-5821, and amendments thereto.
(b) Each inactive license may be renewed subject to the provisions of this section. Each inactive licensee may apply for a license to regularly engage in the practice of fitting and dispensing hearing instruments upon filing a written application with the board. The request shall be on a form provided by the board and shall be accompanied by the conversion fee established pursuant to K.S.A. 74-5810a, and amendments thereto, and documentation that the calibration of the person's audiometric testing equipment has been tested and verified as accurate. For those licensees whose license has been inactive for less than two years, the board shall adopt rules and regulations establishing appropriate continuing education requirements for inactive licensees to become licensed to regularly practice fitting and dispensing hearing instruments within Kansas. Any licensee whose license has been inactive for more than two years, in addition to completing appropriate continuing education requirements pursuant to rules and regulations adopted by the board, may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety.
(c) This section shall be part of and supplemental to the hearing instrument act.
History: L. 2006, ch. 115, § 16; July 1.
(a) The board, in addition to any other penalty authorized under this act may assess an administrative fine, after notice and an opportunity to be heard in accordance with the Kansas administrative procedures act, against a licensee or an unlicensed person for a violation of any provision of this act or any rule and regulation hereunder in an amount not to exceed $1,000 per violation.
(b) If the board determines that an individual has practiced fitting or dispensing of hearing instruments without a valid license, in addition to any other penalties imposed by the law, the board in accordance with the Kansas administrative procedure act, may issue a cease and desist order against such individual.
(c) Whenever in the judgment of the board any person has engaged, or is about to engage, in any acts or practices which constitute or will constitute a violation of the hearing instrument act, the board may make application to any court of competent jurisdiction for an order enjoining such acts or practices, and upon a showing by the board that such person has engaged or is about to engage in any such acts or practices, an injunction, restraining order or such other order as may be appropriate shall be granted by such court without bond.
(d) In all matters pending before the board, the board shall have the option to censure the licensee in lieu of other disciplinary action.
(e) In all matters pending before the board, the board shall have the power to revoke the license of any licensee who voluntarily surrenders such person's license pending investigation of misconduct or while charges of misconduct against the licensee are pending or anticipated.
(f) This section shall be part of and supplemental to the hearing instrument act.
History: L. 2006, ch. 115, § 18; July 1.
History: L. 1969, ch. 394, § 1; L. 1973, ch. 157, § 10; L. 1974, ch. 348, § 83; L. 1975, ch. 416, § 14; Repealed, L. 1975, ch. 417, § 1; L. 1975, ch. 418, § 2; July 1.
History: L. 1969, ch. 394, § 2; L. 1973, ch. 332, § 1; Repealed, L. 1975, ch. 418, § 2; July 1.
History: L. 1969, ch. 394, §§ 3 to 10; Repealed, L. 1975, ch. 418, § 2; July 1.
The Kansas advisory council on intergovernmental relations is hereby abolished. All records and property of the council shall be transferred to and become the property of the division of legislative administrative services on the effective date of this act.
History: L. 1975, ch. 418, § 1; July 1.
History: L. 1970, ch. 344, §§ 1 to 8; Repealed, L. 1973, ch. 157, § 26; February 16.
History: L. 1970, ch. 345, § 1; L. 1973, ch. 157, § 11; L. 1974, ch. 350, § 14; L. 1975, ch. 427, § 243; Repealed, L. 1977, ch. 280, § 1; July 1.
History: L. 1970, ch. 345, § 2; L. 1974, ch. 350, § 15; Repealed, L. 1977, ch. 280, § 1; July 1.
History: L. 1970, ch. 345, § 3; L. 1974, ch. 348, § 84; L. 1974, ch. 350, § 16; L. 1975, ch. 416, § 15; Repealed, L. 1977, ch. 280, § 1; July 1.
History: L. 1970, ch. 346, § 1; L. 1972, ch. 311, § 1; L. 1973, ch. 157, § 12; L. 1974, ch. 403, § 4; Repealed, L. 1976, ch. 352, § 1; July 1.
History: L. 1975, ch. 391, § 1; L. 1975, ch. 392, § 1; Repealed, L. 1982, ch. 324, § 6; July 1.
History: L. 1975, ch. 391, §§ 2, 3; Repealed, L. 1982, ch. 324, § 6; July 1.
History: L. 1970, ch. 346, § 2; L. 1972, ch. 311, § 2; Repealed, L. 1982, ch. 324, § 6; July 1.
History: L. 1970, ch. 346, § 3; Repealed, L. 1982, ch. 324, § 6; July 1.
History: L. 1970, ch. 346, § 4; Repealed, L. 1982, ch. 324, § 6; July 1.
History: L. 1970, ch. 346, § 5; L. 1974, ch. 348, § 85; Repealed, L. 1982, ch. 324, § 6; July 1.
History: L. 1973, ch. 313, § 1; Repealed, L. 1982, ch. 324, § 6; July 1.
History: L. 1974, ch. 325, §§ 1, 2; Repealed, L. 1982, ch. 324, § 6; July 1.
On July 1, 1982, the governor's committee on criminal administration, established by K.S.A. 74-6201a, and the offices of the executive director and the deputy directors of the governor's committee on criminal administration, provided for by K.S.A. 74-6204, shall be and are hereby abolished.
History: L. 1982, ch. 324, § 1; July 1.
Whenever any conflict arises as to the disposition of any power, duty or function or the unexpended balance of any appropriation as a result of any transfer or other change made by this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1982, ch. 324, § 5; July 1.
(a) On July 1, 1976, the Kansas coordinating council for handicapped children shall be and is hereby abolished.
(b) On July 1, 1976, all of the powers, duties and functions of the Kansas coordinating council for handicapped children shall be and are hereby abolished.
(c) On and after July 1, 1976, whenever the Kansas coordinating council for handicapped children is referred to or designated by a statute, contract or other document, such reference or designation shall be null and void and of no force and effect whatsoever.
(d) On July 1, 1976, all of the records, memoranda, writings and property of the Kansas coordinating council for handicapped children shall be and are hereby transferred to the secretary of administration and said secretary shall have legal custody of the same.
(e) On July 1, 1976, the coordinating council for handicapped children fund, created by K.S.A. 74-6305, which section is repealed by this act, shall be and is hereby abolished, and on said date, the director of accounts and reports shall transfer all moneys remaining in said fund to the state general fund. On July 1, 1976, any appropriation for the Kansas coordinating council for handicapped children shall lapse.
History: L. 1971, ch. 263, § 1; L. 1972, ch. 312, § 1; L. 1975, ch. 462, § 113; L. 1976, ch. 353, § 1; July 1.
History: L. 1971, ch. 263, § 2; L. 1972, ch. 312, § 2; Repealed, L. 1976, ch. 353, § 2; July 1.
History: L. 1971, ch. 263, § 3; Repealed, L. 1976, ch. 353, § 2; July 1.
History: L. 1971, ch. 263, § 4; L. 1972, ch. 312, § 3; L. 1974, ch. 348, § 86; L. 1975, ch. 416, § 16; Repealed, L. 1976, ch. 353, § 2; July 1.
History: L. 1971, ch. 263, §§ 5, 6; Repealed, L. 1976, ch. 353, § 2; July 1.
History: L. 1974, ch. 200, §§ 1 to 5; Repealed, L. 1976, ch. 370, § 104; July 1.
History: L. 1974, ch. 200, § 6; L. 1975, ch. 416, § 17; Repealed, L. 1976, ch. 370, § 104; July 1.
History: L. 1974, ch. 200, §§ 7 to 10; Repealed, L. 1976, ch. 370, § 104; July 1.
There is hereby created the Hispanic and Latino American affairs commission hereinafter referred to as the "commission." The commission shall be advisory to the governor and shall be within the office of the governor and a part thereof.
History: L. 1974, ch. 208, § 1; L. 1976, ch. 370, § 88; L. 1986, ch. 302, § 3; L. 2004, ch. 42, § 1; July 1.
(a) The Kansas advisory committee on Hispanic affairs shall be and hereby is officially designated as the Hispanic and Latino American affairs commission.
(b) On and after the effective date of this act, whenever the Kansas advisory committee on Hispanic affairs or the executive director of the Kansas advisory committee on Hispanic affairs, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall mean and apply to the Hispanic and Latino American affairs commission and to the executive director of the Hispanic and Latino American affairs commission.
(c) The Hispanic and Latino American affairs commission shall be a continuation of the Kansas advisory committee on Hispanic affairs and the office of executive director of the Hispanic and Latino American affairs commission shall be a continuation of the office of executive director of the Kansas advisory committee on Hispanic affairs.
History: L. 1986, ch. 302, § 1; L. 2004, ch. 42, § 2; July 1.
(a) The commission shall consist of seven members. No more than four members shall be members of the same political party. Subject to the provisions of K.S.A. 75-4315c, and amendments thereto, each congressional district in the state of Kansas shall be represented on the commission by at least one member who is a resident of the district at the time of appointment and the remainder shall represent the state at large. Commission members shall be appointed by the governor. A person appointed to fill a vacancy which occurs prior to the expiration of a term shall be appointed for the unexpired term. Except as provided by subsection (b), each member of the commission shall be appointed for a three-year term.
(b) Members shall be appointed for terms of three years and until successors are appointed and qualified.
(c) Nothing in this subsection shall be construed as prohibiting the reappointment of members who had been appointed prior to the effective date of this act.
History: L. 1974, ch. 208, § 2; L. 1982, ch. 347, § 44; L. 1992, ch. 262, § 13; L. 2001, ch. 86, § 1; L. 2004, ch. 42, § 3; July 1.
The commission shall elect one of its members as chairperson and one as secretary to serve a one-year term.
History: L. 1974, ch. 208, § 3; L. 2004, ch. 42, § 4; July 1.
The commission shall have the following functions, powers and duties:
(a) Gather and disseminate information and conduct hearings, conferences and special studies on problems and programs concerning Hispanics;
(b) coordinate, assist and cooperate with the efforts of state departments and agencies to serve the needs of Hispanics especially in the area of culture, education, employment, health, housing, welfare and recreation;
(c) develop, coordinate and assist other public and private organizations with understanding the problems of Hispanics;
(d) develop, coordinate and assist other public and private organizations to provide services to Hispanics;
(e) propose new programs concerning Hispanics;
(f) evaluate existing programs and proposed legislation concerning Hispanics;
(g) stimulate public awareness of the problems of Hispanics by conducting a program of public education;
(h) conduct training programs for community leadership and service project staff;
(i) accept contributions from any person to assist in the effectuation of this section and to seek and enlist the cooperation of private, charitable, religious, labor, civic and benevolent organizations for the purposes of this section;
(j) solicit, receive and expend federal funds to effectuate the purposes of this act and enter into contracts and agreements with any federal agency for such purposes;
(k) establish advisory committees on special subjects; and
(l) cooperate with the state board of education in advising and assisting school districts, upon request, in conducting in-service training programs for bilingual education personnel.
History: L. 1974, ch. 208, § 4; L. 1979, ch. 220, § 16; L. 1986, ch. 302, § 4; L. 2004, ch. 42, § 5; July 1.
The commission shall meet at least four times a year. The chairperson may call additional meetings. A majority of members shall constitute a quorum.
History: L. 1974, ch. 208, § 5; L. 2004, ch. 42, § 6; July 1.
Members of the commission attending meetings of such commission shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History: L. 1974, ch. 208, § 6; L. 1975, ch. 416, § 18; L. 2004, ch. 42, § 7; July 1.
The executive director of the commission shall be qualified by education and experience to assume the responsibilities of such office and be able to converse and write fluently in both the English and Spanish languages.
History: L. 1974, ch. 208, § 7; L. 1976, ch. 370, § 89; L. 2004, ch. 42, § 8; July 1.
The executive director shall be the administrative officer of the commission and shall serve the commission by gathering information, disseminating findings of fact and other information, forwarding proposals and evaluations to the governor, the legislature and various state agencies, carrying out public education programs, conducting hearings and conferences and performing other duties necessary for the proper operation of the commission.
History: L. 1974, ch. 208, § 8; L. 1976, ch. 370, § 90; L. 2004, ch. 42, § 9; July 1.
The executive director of the commission may appoint, subject to the approval of the commission and the governor, technical advisors and assistants to develop, assist and cooperate with local commissions on Hispanics.
History: L. 1974, ch. 208, § 9; L. 1976, ch. 370, § 91; L. 1985, ch. 292, § 19; L. 1986, ch. 302, § 5; L. 2004, ch. 42, § 10; July 1.
The act shall be known and may be cited as the natural and scientific areas preservation act.
History: L. 1974, ch. 322, § 1; July 1.
The purpose of this act is to secure for the people of Kansas the benefits of an enduring resource of natural and scientific areas by establishing a system of natural and scientific preserves, to provide for the protection, control and management of these areas, and to establish and maintain a registry of natural and scientific areas.
History: L. 1974, ch. 322, § 2; July 1.
As used in this act, the following words and terms shall have the meanings ascribed to them in this section, unless the context shall indicate another or different meaning or intent:
(a) "Natural and scientific area" means an area of land or water in public or private ownership which either retains to some degree its primeval character, though it need not be completely natural and undisturbed, or has natural flora, fauna, ecological, geological, historical or archeological features of scientific or educational interest.
(b) "Natural and scientific preserve" means a natural or scientific area which is formally dedicated under the provisions of this act to be maintained as nearly as possible in its natural condition and to be used in a manner and under limitations consistent with its continued preservation, without impairment, disturbance, or artificial development except that deemed necessary for scientific research, education, or public interpretation of the area.
(c) "Board" means the natural and scientific areas advisory board created by K.S.A. 74-6614.
History: L. 1974, ch. 322, § 3; L. 1984, ch. 293, § 7; L. 1985, ch. 259, § 1; July 1.
A state system of natural and scientific preserves is hereby established. The system shall consist of natural and scientific areas formally dedicated under the provisions of this act.
History: L. 1974, ch. 322, § 4; July 1.
History: L. 1974, ch. 322, § 5; Repealed, L. 1984, ch. 293, § 9; July 1.
History: L. 1974, ch. 322, § 6; Repealed, L. 1984, ch. 293, § 9; July 1.
The state biological survey is hereby authorized and empowered to:
(a) Adopt rules and regulations in accordance with the provisions of K.S.A. 77-415 et seq. for the selection, acquisition, management, protection and use of natural and scientific areas and preserves; for the registration of natural and scientific areas and preserves; for the dedication of natural and scientific areas and preserves within the state system;
(b) develop a natural and scientific areas preservation policy for the state;
(c) develop a comprehensive long-range plan for the preservation, control and management of the natural and scientific areas of the state;
(d) seek and approve the dedication of natural and scientific areas to be included in the state system;
(e) maintain a registry of natural and scientific areas, an inventory of natural ecosystems; an inventory of habitats of rare and endangered species of plants and animals; significant geological and archeological sites; and other natural and scientific areas and preserves;
(f) conduct research, investigations, and interpretive programs and publish and disseminate information and recommendations pertaining to natural and scientific preserves and other natural and scientific areas;
(g) employ or contract for consultants and fix their compensations, who shall be in the unclassified service under the Kansas civil service act;
(h) submit to the governor and the legislature annually its recommendations for new or amendatory legislation and funding for the preservation of the state's natural and scientific areas; and submit to the secretary of state in even numbered years a report of its activities for inclusion in the biennial report in accordance with the provisions of K.S.A. 75-3044 et seq.
History: L. 1974, ch. 322, § 7; L. 1985, ch. 259, § 4; July 1.
The state biological survey shall administer the provisions of this act; cooperate and contract with any federal, state or local governmental agency, private organization or individual; appoint and employ officers, agents, and employees to carry out the provisions of this act; acquire by gift, devise, purchase, grant, dedication or other method the fee or any lesser right or interest in real property which shall be held and managed as provided in K.S.A. 74-6611, and amendments thereto; accept and disburse funds and grants made available to the state under the provisions of any federal act for the purposes herein set forth; and do all other acts and things necessary or convenient to carry out the provisions of this act. The biological survey shall not have the power to acquire by condemnation a fee or any lesser right or interest in real property.
History: L. 1974, ch. 322, § 8; L. 1985, ch. 259, § 5; July 1.
A natural or scientific area which has been found by the board to be suitable for inclusion in the system shall become a natural and scientific preserve upon its dedication by the owner of the land or of an interest or a right therein, with the approval of the state biological survey. The dedication shall be evidenced by articles of dedication which shall be in such form as the state biological survey may approve. The articles of dedication may, consistent with the purposes of this act, define the respective rights and duties of the owner or custodian and the state biological survey; contain provisions relating to management, development use, public access, sale or transfer; provide or create reversionary rights; contain such other provisions as may be necessary or advisable; and vary in provisions from one natural and scientific preserve to another.
History: L. 1974, ch. 322, § 9; L. 1984, ch. 293, § 8; L. 1985, ch. 259, § 6; July 1.
An owner of an area which is dedicated as a natural and scientific preserve may retain custody thereof, or designate a custodian, subject to the approval of, and the rules and regulations of, the state biological survey. If the owner declines, is unable, or fails to administer and manage the natural and scientific preserve in accordance with the articles of dedication and any amendments thereto, the state biological survey shall undertake or assign such custodial functions as it may deem necessary for the protection, maintenance and use of the natural and scientific preserve until the disability of the owner is removed or a successor custodian is designated.
Whenever feasible, the state biological survey may vest custody of a natural and scientific preserve in the owner or a person or agency other than the state biological survey. The state biological survey may transfer or assign custody or other interest or right in a natural and scientific preserve, when held by it, to another public or charitable agency provided that such transfer shall be for and consistent with the purposes of this act and shall not affect the dedication of a natural and scientific preserve or the powers and duties of the state biological survey.
History: L. 1974, ch. 322, § 10; L. 1985, ch. 259, § 7; July 1.
Natural and scientific preserves are hereby declared to be held in trust, for the uses and purposes expressed in this act which are not prohibited by their articles of dedication, for the benefit of the people of the state. They are hereby declared to be put to their highest, best and most important use for the public benefit. They shall be protected, managed, and used in a manner approved by, and subject to the rules and regulations of the state biological survey. They shall not be taken for any other use except another public use and except after a finding by the state biological survey of the existence of an imperative and unavoidable public necessity for such other public use, with the approval of the legislature, and any owner of a dedicated interest therein, and upon such terms and conditions as the state biological survey may determine, except as may otherwise be provided in the articles of dedication.
Before the state biological survey shall make a finding of the existence of an imperative and unavoidable public necessity for such other public use or shall grant or dispose of a natural and scientific preserve or grant a license, easement or other interest or right therein or shall amend any articles of dedication as provided in K.S.A. 74-6609, and amendments thereto, it shall give notice of such proposed action and an opportunity for any person to be heard. Such notice shall be published at least once in a newspaper with a general circulation in the county or counties wherein the natural and scientific preserve is located, and mailed to all persons who have requested notice of such proposed actions. The notice shall set forth the substance of the proposed action and describe, with or without legal description, the natural and scientific preserve affected and shall specify a place and time not less than 60 days after such publication and mailing for a public hearing before the state biological survey on such proposed action. All persons so desiring shall have reasonable opportunity to be heard prior to action by the state biological survey on such proposal.
History: L. 1974, ch. 322, § 11; L. 1985, ch. 259, § 8; July 1.
Public departments, commissions, boards, counties, municipalities, corporations, colleges, universities and all other agencies and instrumentalities of the state and its political subdivisions are empowered and urged to dedicate as natural and scientific preserves under the procedures of this act, suitable areas or portions of areas within their jurisdictions.
History: L. 1974, ch. 322, § 12; July 1.
Nothing contained in this act shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, forest, or other area or the proper management and development thereof, except that any agency administering an area dedicated as a natural and scientific preserve under the provisions of this act shall preserve it in accordance with the articles of dedication and the rules and regulations of the state biological survey.
Neither the dedication of an area as a natural and scientific preserve nor any action taken by the state biological survey under any of the provisions of this act shall void or replace any protective status under law which an area would have were it not a natural and scientific preserve, the protective provisions of this act being supplemental thereto.
History: L. 1974, ch. 322, § 13; L. 1985, ch. 259, § 9; July 1.
(a) There is hereby created the natural and scientific areas advisory board. The advisory board shall be attached to the state biological survey and shall be within the survey as a part thereof. All budgeting, purchasing and related management functions of the advisory board shall be administered under the direction and supervision of the state biological survey. All vouchers for expenditures and all payrolls of the advisory board shall be approved by the state biological survey. The board shall consist of 11 members designated by the following: The state biologist; the secretary of wildlife and parks; the state forester; the state geologist; the director of the state historical society; the director of the state water office; the chairperson of the nongame wildlife advisory council; the secretary of health and environment; a member of the house of representatives appointed by the speaker of the house; a member of the senate appointed by the president of the senate; a representative of the governor.
(b) Whenever a vacancy on the board shall occur by death, resignation or otherwise of any member so appointed, the responsible appointor shall fill the same by appointment.
History: L. 1985, ch. 259, § 2; L. 1989, ch. 118, § 184; L. 2012, ch. 47, § 106; L. 2023, ch. 7, § 124; July 1.
Within 30 days after the effective date of this act, the state biologist shall call the members to meet and the members shall select a chairperson for the board who shall serve for a two-year term. The chairperson of the board will appoint a secretary from among the members who shall serve a two-year term. Whenever a vacancy shall occur by death, resignation or otherwise of the chairperson of the board or the secretary of the board, the members shall select a successor to complete the term of chairperson or the chairperson shall fill the position of secretary by appointment and the appointee shall hold office during the term of the person whose place such person is to fill.
The board shall meet at least annually. Meetings may be called at any time by the chairperson or upon written request of three members or of the state biological survey. The board shall consult with and advise the state biological survey on matters relating to the administration of the provisions of this act. The members of the board shall receive no compensation for services rendered to the board. Each member of the board representing a state agency shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto, from the funds of the state agency so represented. Appointed members of the board not otherwise compensated shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto, by the state biological survey.
History: L. 1985, ch. 259, § 3; July 1.
(a) There is hereby established within and as a part of the office of governor the commission on disability concerns.
(b) All budgeting, purchasing and related management functions of the commission shall be administered under the direction of the office of the governor. All vouchers for expenditures and all payrolls of the commission shall be approved by the chairperson of the commission, or by a person or persons designated by the chairperson, and by the office of the governor.
History: L. 1975, ch. 257, § 1; L. 1976, ch. 370, § 92; L. 1985, ch. 260, § 1; L. 1989, ch. 235, § 1; L. 2004, ch. 179, § 106; L. 2012, ch. 163, § 1; July 1.
Subject to the provisions of K.S.A. 74-6709, and amendments thereto, the commission shall be composed of 30 members, 15 of whom shall be appointed by the governor. Of the members appointed by the governor, preference shall be shown for Kansans representing each of the following:
(a) Industry;
(b) labor;
(c) community-based independent living programs;
(d) rehabilitation programs;
(e) education programs;
(f) disability or rehabilitation research programs; and
(g) private, nonprofit organizations serving Kansans with disabilities. At least eight of the members appointed by the governor shall be Kansans with disabilities.
History: L. 1975, ch. 257, § 2; L. 1976, ch. 370, § 93; L. 1985, ch. 260, § 2; L. 1989, ch. 235, § 2; L. 2004, ch. 179, § 107; L. 2012, ch. 163, § 2; July 1.
In addition to the members appointed by the governor under K.S.A. 74-6702, and amendments thereto, the following persons, or the designees of such persons, shall serve as members ex officio of the commission:
(a) The secretary of health and environment;
(b) the chairperson of the Kansas council on developmental disabilities;
(c) the commissioner of community services and programs in the Kansas department for aging and disability services;
(d) the commissioner of rehabilitation services of the Kansas department for children and families;
(e) the secretary of commerce;
(f) the director of special education of the state board of education;
(g) the secretary of transportation;
(h) the secretary for aging and disability services;
(i) the secretary of labor;
(j) the secretary of administration;
(k) the secretary for children and families;
(l) the president of the Kansas senate;
(m) the minority leader of the Kansas senate;
(n) the speaker of the Kansas house of representatives; and
(o) the minority leader of the Kansas house of representatives.
History: L. 1975, ch. 257, § 3; L. 1976, ch. 370, § 94; L. 1978, ch. 330, § 9; L. 1982, ch. 357, § 22; L. 1985, ch. 260, § 3; L. 1989, ch. 235, § 3; L. 1995, ch. 234, § 21; L. 2004, ch. 179, § 108; L. 2012, ch. 163, § 3; L. 2014, ch. 115, § 307; July 1.
Appointive members of the commission shall serve for a term of three years from and after their appointment. Vacancies on the commission shall be filled for the remainder of the term of the original appointment. Members whose terms expire may be reappointed.
History: L. 1975, ch. 257, § 4; L. 1976, ch. 370, § 95; L. 1985, ch. 260, § 4; L. 1989, ch. 235, § 4; July 1.
The appointive members of the commission shall elect a chairperson and a vice-chairperson and such other officers as the commission deems necessary. Only appointive members shall be eligible to serve as officers of the commission. Appointive members of the commission attending meetings of the commission, or attending a subcommittee meeting thereof authorized by the commission, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.
History: L. 1975, ch. 257, § 5; L. 1976, ch. 370, § 96; L. 1985, ch. 260, § 5; L. 1989, ch. 235, § 5; July 1.
The commission shall consult with and advise the governor on all commission activities and shall:
(a) Carry on a continuing program to promote a higher quality of life for people with disabilities;
(b) cooperate with all public and private agencies interested in independent living by people with disabilities;
(c) cooperate with all agencies responsible for or interested in the rehabilitation and employment of people with disabilities;
(d) encourage the organization of community-based programs and work closely with such programs in promoting independence of people with disabilities;
(e) assist in developing societal acceptance of people with disabilities;
(f) inform individuals with disabilities of specific facilities available for increasing their independence;
(g) conduct such educational programs as members deem necessary; and
(h) report annually to the governor and legislature on commission activities and submit any recommendations believed necessary in promoting the independence of people with disabilities.
History: L. 1975, ch. 257, § 6; L. 1976, ch. 370, § 97; L. 1989, ch. 235, § 6; L. 2004, ch. 179, § 109; L. 2012, ch. 163, § 4; July 1.
The governor shall appoint an executive director of the commission and the commission shall designate the duties of the position. The office of the governor shall provide office space and such clerical and other personnel as may be necessary for the efficient performance of the duties prescribed by this act. All personnel serving the commission shall be in the classified service.
History: L. 1975, ch. 257, § 7; L. 1976, ch. 370, § 98; L. 1985, ch. 260, § 6; L. 1989, ch. 235, § 7; L. 2004, ch. 179, § 110; L. 2012, ch. 163, § 5; July 1.
(a) The commission is authorized to receive any gifts, grants, or donations made for any of the purposes of its program and to disburse and administer all such gifts, grants and donations and moneys appropriated to the commission in accordance with the terms thereof.
(b) The commission is authorized to fix and collect reasonable fees for services and materials provided by the commission.
(c) There is hereby established the commission on disability concerns fee fund. The commission shall remit all moneys received by or for it from fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the commission on disability concerns fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission on disability concerns, or by a person or persons designated by the chairperson and secretary of commerce.
History: L. 1975, ch. 257, § 8; L. 1985, ch. 260, § 7; L. 1989, ch. 235, § 8; L. 2001, ch. 5, § 332; L. 2004, ch. 179, § 111; L. 2011, ch. 53, § 51; July 1.
History: L. 1989, ch. 235, § 9; L. 2004, ch. 179, § 112; Repealed, L. 2012, ch. 163, § 9; July 1.
History: L. 1975, ch. 394, § 1; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1975, ch. 394, § 2; L. 1978, ch. 325, § 1; L. 1981, ch. 299, § 31; L. 1982, ch. 347, § 45; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1978, ch. 325, § 2; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1975, ch. 394, § 3; L. 1978, ch. 325, § 3; L. 1981, ch. 299, § 32; L. 1982, ch. 325, § 1; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1975, ch. 394, § 4; L. 1978, ch. 325, § 4; L. 1982, ch. 325, § 2; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1975, ch. 394, § 5; L. 1978, ch. 325, § 5; L. 1979, ch. 256, § 1; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1975, ch. 394, § 6; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1975, ch. 394, § 7; L. 1977, ch. 281, § 1; L. 1979, ch. 257, § 1; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1975, ch. 394, §§ 8, 9; L. 1978, ch. 325, §§ 6, 7; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1978, ch. 325, § 8; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1978, ch. 325, § 9; L. 1978, ch. 328, § 1; Repealed, L. 1983, ch. 258, § 14; July 1.
History: L. 1978, ch. 325, §§ 10, 11; Repealed, L. 1983, ch. 258, § 14; July 1.
There is hereby established in the Kansas department for children and families, the state economic opportunity office, the director of which shall be responsible for providing technical assistance and coordination to local, regional and state organizations which operate programs under the provisions of the federal economic opportunity act. The head of such office shall be the director of economic opportunity. The director of economic opportunity shall be appointed by the secretary for children and families. The director shall be in the classified service of the Kansas civil service act and shall receive an annual salary to be fixed by the secretary with the approval of the governor. The person employed as director immediately prior to the effective date of this act shall continue as director and shall obtain permanent status in the classified position of director without examination and without a probationary period and shall retain all retirement benefits which such person had prior to the effective date of this act, and such person's service shall be deemed to have been continuous.
History: L. 1975, ch. 395, § 1; L. 1977, ch. 282, § 1; L. 2014, ch. 115, § 308; July 1.
The powers and duties of the director of economic opportunity shall include, but not be limited to:
(1) Providing technical assistance to community action agencies in the fields of housing, management, and economic development;
(2) initiating incentive programs with community action agencies to provide for nutritional programs for the poor;
(3) providing the secretary with information and advice with respect to the policies and programs of the federal office of economic opportunity as they relate to the state of Kansas;
(4) receiving, administering and utilizing all federal assistance in the form of grants which are or may become available to such office under the federal economic opportunity act and upon the direction and concurrence of the secretary; and
(5) exercising such other powers as may be necessary to effectuate the responsibilities of such office.
History: L. 1975, ch. 395, § 2; L. 1977, ch. 282, § 2; July 1.
(a) All of the powers, duties and functions of the existing office of coordinator for the state technical assistance program and of the existing coordinator of said office created by order of the governor on May 14, 1965, are hereby transferred to and conferred and imposed upon the state office of economic opportunity and the director of economic opportunity, respectively.
(b) The office of economic opportunity and director of economic opportunity established by this act, respectively, shall be continuations of the Kansas office of coordinator for the state technical assistance program and coordinator for the state technical assistance program created by order of the governor on May 14, 1965.
History: L. 1975, ch. 395, § 3; July 1.
Effective July 1, 1977, officers and employees who were engaged prior to such date in the performance of powers, duties and functions of the state economic opportunity office established in the office of the governor and who, in the opinion of the director of economic opportunity, are necessary to perform the powers, duties and functions of the state office of economic opportunity established in the Kansas department for children and families shall become officers and employees of the state economic opportunity office established in the Kansas department for children and families. Such officers and employees shall retain all retirement benefits which such officers and employees had before July 1, 1977, and their services shall be deemed to have been continuous. Within the limitations of appropriations made therefor, the secretary shall appoint such other personnel as the secretary shall deem necessary to carry out the provisions of this act. Such personnel shall be in the classified service of the Kansas civil service act and shall exercise all functions and perform all duties prescribed or imposed under the provisions of this act, at the direction and under the supervision of the director. Such personnel employed immediately prior to the effective date of this act who are continued in employment under this section shall attain permanent status in their classified position without examination and without a probationary period.
History: L. 1975, ch. 395, § 4; L. 1977, ch. 282, § 3; L. 2014, ch. 115, § 309; July 1.
When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolishment, transfer, attachment or other change made by this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1975, ch. 395, § 5; July 1.
(a) Except as otherwise provided in K.S.A. 74-7001 et seq., and amendments thereto, it shall be unlawful for any person to practice or to offer to practice in the state of Kansas, any profession included within the term technical professions, as such term is defined in K.S.A. 74-7003, and amendments thereto, unless such person has been duly licensed to practice such profession under K.S.A. 74-7001 et seq., and amendments thereto, or holds a certificate of authorization issued under K.S.A. 74-7036, and amendments thereto.
(b) Any person practicing any technical profession in this state, or calling or representing such person as a licensed practitioner of such technical profession, or using the title of a licensed practitioner of such technical profession shall be required to submit evidence that such person is duly licensed under K.S.A. 74-7001 et seq., and amendments thereto, or holds a certificate of authorization issued under K.S.A. 74-7036, and amendments thereto.
History: L. 1976, ch. 334, § 1; L. 1978, ch. 326, § 1; L. 1980, ch. 244, § 2; L. 2014, ch. 88, § 5; July 1.
History: L. 1976, ch. 334, § 3; Repealed, L. 1978, ch. 326, § 28; July 1.
As used in K.S.A. 74-7001 et seq., and amendments thereto:
(a) "Agricultural building" means any structure designed and constructed to house hay, grain, poultry, livestock or other horticultural products, or for farm storage of farming implements. Such structure shall not be a place for human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a building or structure for use by the public.
(b) "Architect" means a person who is qualified to engage in the practice of architecture and who is licensed by the board to practice architecture as provided in K.S.A. 74-7001 et seq., and amendments thereto.
(c) (1) "Architecture" or "practice of architecture" means providing, offering to provide or holding oneself out as able to provide professional architectural services or performing creative work which requires architectural education, training and experience as may be required in connection with the design and construction, restoration, enlargement or alteration of non-exempt public or private buildings intended for human habitation, occupancy or use, and the spaces within and the site surrounding such buildings.
(2) Professional architectural services include the following: Common technical services, as defined in subsection (g); pre-design and schematic design; programming; planning; preparing or providing architectural designs, drawings, specifications and other technical submissions; the design of items relating to building code requirements, as such items pertain to architecture; and the preparation of any architectural design features that are required on legal documents and those other professional architectural services as may be necessary for the rendering of services which have the purpose of protecting the health, safety, property and welfare of the public.
(3) The term "architecture" or "practice of architecture" shall not include those services specifically identified in the definition of "landscape architecture," "professional engineering," "professional geology" and "professional surveying" except for those services which are included in the term "common technical services," as defined in subsection (g).
(d) "Board" means the state board of technical professions.
(e) "Building" means any permanent structure which is enclosed or partially enclosed that provides shelter for human habitation.
(f) "Business entity" means a general corporation, professional corporation, limited liability company, limited liability partnership, corporate partnership or other legal entity created by law.
(g) "Common technical services" means those services which may be offered or performed by any licensee, are performed within the licensee's defined scope of practice and are further described as follows:
(1) Representation of clients in connection with contracts entered into between clients and others;
(2) coordination of elements of technical submissions prepared by the licensee's consultants;
(3) administration of contracts for construction;
(4) observation of construction for general conformance with requirements of approved construction documents or technical submissions prepared by a licensee;
(5) performing acts of consultation and technical investigation;
(6) providing expert technical testimony or testimony evaluation;
(7) performing technical evaluations and research;
(8) teaching in a college or university offering an accredited technical professional curriculum recognized by the board;
(9) providing responsible supervision of these services, insofar as such services involve safeguarding the health, safety, property and welfare of the public; and
(10) preparing and providing drawings, specifications and other technical submissions.
(h) "Construction administration" means the provision of technical professional services during construction by licensees, or persons under the licensee's responsible supervision, which act to confirm substantial compliance with the requirements and provisions of applicable technical documents prepared by the licensee or under the licensee's responsible supervision. Such technical professional services include, but are not limited to: Assisting with bidding or negotiation processes; reviewing and acting upon shop drawings and other submittals; providing clarification or interpretation of the licensee's technical documents; evaluating general progress of construction; observing or evaluating completed construction; and assisting the client in matters related to the licensee's technical professional expertise. Construction administration services do not include management of, or responsibility for, the contractor's construction activities, means or methods.
(i) "Government client" means any state, county or municipal governmental entity including, but not limited to, any department, agency, authority, planning district, board, commission, office or institution thereof, and any school district, college, university and any individual acting under authority to represent any such governmental entity.
(j) "Landscape architect" means a person who is qualified to engage in the practice of landscape architecture and who is licensed by the board to practice landscape architecture as provided in K.S.A. 74-7001 et seq., and amendments thereto.
(k) (1) "Landscape architecture" or "practice of landscape architecture" means performing professional landscape architectural services including the following: Common technical services, as defined in subsection (g); consultation, planning, designing or responsible supervision in connection with the development of land areas for preservation and enhancement; the development of sustainable designs and technology; preparation, review and analysis of master plans for land use and development; production of overall site development and land enhancement plans, grading and drainage plans, irrigation plans, planting plans and construction details; specifications, cost analysis and reports for land development; and the designing of land forms and non-habitable structures for aesthetic and functional purposes, such as pools, walls and structures for outdoor living spaces, for public and private use. The practice of landscape architecture also encompasses the determination of proper land use as it pertains to: Natural features; ground cover, use, nomenclature and arrangement of plant material adapted to soils and climate; naturalistic and aesthetic values; settings and approaches to structures and other improvements; soil conservation; erosion control; and the development of outdoor space in accordance with ideals of human use and enjoyment.
(2) The term "landscape architecture" or "practice of landscape architecture" shall not include those services specifically identified in the definition of "architecture," "professional engineering," "professional geology" and "professional surveying" except for those services which are included in the term "common technical services," as defined in subsection (g).
(l) "License" means a license to practice the technical professions granted under K.S.A. 74-7001 et seq., and amendments thereto.
(m) "Person" means a natural person or business entity.
(n) "Principal" means a person who serves in a business entity as an officer, member of a board of directors, member of a limited liability company or partner.
(o) "Professional engineer" means a person who is qualified to engage in the practice of engineering and who is licensed by the board to practice engineering as provided in K.S.A. 74-7001 et seq., and amendments thereto.
(p) (1) "Professional engineering" or "practice of engineering" means providing, offering to provide, or holding oneself out as able to provide professional engineering services, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences, including the following: Common technical services, as defined in subsection (g); consulting, investigating, evaluating, planning and designing of engineering works and systems; producing engineering surveys and studies; and preparing any engineering design features which embrace such service or work, either public or private, for any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding the health, safety, property or welfare of the public.
(2) As used in this subsection, the term "engineering surveys" includes all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects, but excludes the surveying of real property for the establishment of land boundaries, rights-of-way, easements and the dependent or independent surveys or resurveys of the public land survey system.
(3) The term "professional engineering" or "practice of professional engineering" shall not include those services specifically identified in the definition of "architecture," "landscape architecture," "professional geology" and "professional surveying" except for those services which are included in the term "common technical services," as defined in subsection (g).
(q) "Professional geologist" means a person who is qualified to engage in the practice of geology and who is licensed by the board to practice geology as provided in K.S.A. 74-7001 et seq., and amendments thereto.
(r) (1) "Professional geology" or "practice of professional geology" means the performing of professional geology services including the following: Common technical services, as defined in subsection (g); planning or mapping, providing observation, or the responsible supervision thereof, in connection with the treatment of the earth and its origin and history, in general; the investigation of the earth's constituent rocks, minerals, solids, fluids, including surface and underground waters, gases and other materials; and the study of the natural agents, forces and processes which cause changes in the earth.
(2) The term "professional geology" or "practice of professional geology" shall not include those services specifically identified in the definition of "architecture," "landscape architecture," "professional engineering" and "professional surveying" except for those services which are included in the term "common technical services," as defined in subsection (g).
(s) "Professional surveyor" means any person who is engaged in the practice of surveying and who is licensed by the board to practice surveying as provided in K.S.A. 74-7001 et seq., and amendments thereto.
(t) (1) "Professional surveying" or "practice of professional surveying" means providing, or offering to provide, professional surveying services including the following: Common technical services, as defined in subsection (g); using such sciences as mathematics, geodesy and photogrammetry; and involving the making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvements on the earth, the space above, on or below the earth and providing, utilizing or developing the same into survey products such as graphics, data, maps, plans, reports, descriptions or projects. Professional surveying services also include planning, mapping, assembling and interpreting gathered measurements and information related to any one or more of the following:
(A) Determining by measurement the configuration or contour of the earth's surface or the position of fixed objects thereon;
(B) determining by performing geodetic surveys the size and shape of the earth or the position of any point on the earth;
(C) locating, relocating, establishing, re-establishing or retracing property lines or boundaries of any tract of land, road, right-of-way or easement;
(D) preparing the original descriptions of real property for the conveyance of or recording thereof and the preparation of graphics, data, maps, plans, reports, land subdivision plats, descriptions and projects that represent these surveys;
(E) determining, by the use of principles of surveying, the position for any survey monument, whether boundary or non-boundary, or reference point and establishing or replacing any such monument or reference point;
(F) making any survey for the division, subdivision or consolidation of any tract of land;
(G) locating or laying out alignments, positions or elevations where such work is part of the construction of engineering or architectural works; and
(H) creating, preparing or modifying electronic, computerized or other data relative to performance of the activities set forth in subparagraphs (A) through (G).
(2) The term "professional surveying" or "practice of professional surveying" shall not include those services specifically identified in the definition of "architecture," "landscape architecture," "professional engineering" and "professional geology" except for those services which are included in the term "common technical services," as defined in subsection (g).
(u) "Responsible charge" means the application of personal supervision and professional judgment, and the incorporation of detailed knowledge with respect to the content of a technical submission by a licensee when applying the normal standard of care for the work that such licensee is licensed to perform.
(v) "Standard of care" means the duty to exercise the degree of learning and skill ordinarily possessed by a reputable licensee practicing in Kansas in the same or similar locality and under similar circumstances.
(w) "Technical professions" includes the professions of architecture, landscape architecture, professional engineering, professional geology and professional surveying as the practice of such professions are defined in K.S.A. 74-7001 et seq., and amendments thereto.
History: L. 1976, ch. 334, § 2; L. 1978, ch. 326, § 2; L. 1992, ch. 240, § 3; L. 1995, ch. 104, § 3; L. 1997, ch. 128, § 1; L. 2009, ch. 94, § 1; L. 2014, ch. 88, § 6; L. 2015, ch. 78, § 1; July 1.
For the purpose of administering the provisions of this act and in order to establish and maintain a high standard of integrity, skills and practice in the technical professions and to safeguard the health, safety, property and welfare of the public, the governor shall appoint a state board of technical professions consisting of 13 members. At least 30 days prior to the expiration of any term other than that of a member appointed from the general public, professional societies and associations which are respectively representative of each branch of the technical professions may submit to the governor a list of three or more names of persons of recognized ability who have the qualifications prescribed for board members for appointment from that branch of the technical professions. The governor shall consider the list of persons in making the appointment to the board. In case of a vacancy in the membership of the board, other than that of a member appointed from the general public, for any reason other than the expiration of a term of office, the governor shall appoint a qualified successor to fill the unexpired term. In making the appointment the governor shall give consideration to the list of persons last submitted.
History: L. 1976, ch. 334, § 4; L. 1978, ch. 326, § 3; L. 1978, ch. 308, § 69; L. 1981, ch. 299, § 60; L. 1982, ch. 347, § 46; L. 1984, ch. 294, § 1; L. 1995, ch. 104, § 4; L. 2014, ch. 88, § 7; July 1.
(a) Membership of the board shall be as follows:
(1) Four members shall have been engaged in the practice of engineering for at least eight years, which practice shall include responsible charge of engineering work, and shall be Kansas licensed professional engineers. At least one of such members shall be engaged in private practice as an engineer. At least one of such members may also be licensed as a Kansas professional surveyor, as well as a Kansas licensed professional engineer.
(2) Two members shall have been engaged in the practice of surveying for at least eight years, which practice shall include responsible charge of surveying work, and shall be Kansas licensed professional surveyors.
(3) Three members shall have been engaged in the practice of architecture for at least eight years, which practice shall include responsible charge of architectural work, and shall be Kansas licensed architects.
(4) One member shall have been engaged in the practice of landscape architecture for at least eight years, which practice shall include responsible charge of landscape architectural work, and shall be a Kansas licensed landscape architect.
(5) One member shall have been engaged in the practice of geology for at least eight years, which practice shall include responsible charge of geology work, and shall be a Kansas licensed professional geologist.
(6) Two members shall be from the general public of this state.
(b) Each member of the board shall be a citizen of the United States and a resident of this state.
(c) Any amendments to this section shall not be applicable to any member of the board who was appointed to the board and qualified for such appointment under this section prior to the effective date of such enactment.
History: L. 1976, ch. 334, § 5; L. 1976, ch. 337, § 1; L. 1978, ch. 326, § 4; L. 1992, ch. 240, § 4; L. 1997, ch. 128, § 2; L. 2014, ch. 88, § 8; July 1.
(a) Whenever a vacancy occurs in the membership of the board by reason of the expiration of a term of office, the governor shall appoint a successor of like qualifications. Except as provided in subsection (e), all appointments shall be for terms of four years, but no member shall be appointed for more than three successive four-year terms.
(b) The terms of members appointed to the board shall commence on the July 1 immediately following the day of expiration of the preceding term, regardless of when the appointment is made, and except as provided in subsection (e), shall expire on June 30 of the fourth year of the member's term.
(c) Each member shall serve until a successor is appointed and qualified. Whenever a vacancy shall occur in the membership of the board for any reason other than the expiration of a member's term of office, the governor shall appoint a successor of like qualifications to fill the unexpired term.
(d) The governor may remove any member of the board for misconduct, incompetency, neglect of duty or for any other sufficient cause.
(e) (1) The following members whose terms begin July 1, 2012, shall serve initial terms as follows:
(A) One member licensed as both an engineer and as a land surveyor shall serve a term of one year.
(B) One member from the general public shall serve a term of one year.
(C) One member licensed as a geologist shall serve a term of three years.
(D) One member licensed as a land surveyor shall serve a term of two years.
(2) The terms of members specified in this subsection shall expire on June 30 in the last year of such member's term. Upon reappointment, members shall serve a term of not more than four years.
(3) No member specified in this subsection shall serve more than four consecutive terms.
History: L. 1976, ch. 334, § 6; L. 1992, ch. 240, § 5; L. 1997, ch. 128, § 3; L. 2012, ch. 88, § 1; April 12.
The board shall organize annually at its first meeting subsequent to July 1, and shall select a chairperson, vice-chairperson, and secretary from its own membership. The secretary shall be the custodian of the common seal, the books and records of the board, and shall be responsible for the recordation, publication and archiving of all board proceedings. The chairperson and secretary shall have the power to administer oaths pertaining to the business of the board. The board shall have a common seal and shall formulate rules to govern its actions. Each member of the board shall take and subscribe the oaths prescribed by law for state officers. The oaths provided for herein shall be filed in the office of the secretary of state. The board shall hold an annual meeting and such additional meetings as the board may designate. Seven members of the board shall constitute a quorum for the transaction of business.
History: L. 1976, ch. 334, § 7; L. 1995, ch. 104, § 5; L. 2014, ch. 88, § 9; July 1.
(a) The board may appoint an executive director and an assistant executive director who shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary fixed by the board.
(b) Members of the state board of technical professions attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
(c) The board may employ clerical personnel and other assistants all of whom shall be in the classified service under the Kansas civil service act and may make and enter into contracts of employment with such professional personnel as may be necessary, in the board's judgment, for the performance of its duties and functions and the execution of its powers.
History: L. 1976, ch. 334, § 8; L. 1976, ch. 337, § 2; L. 1992, ch. 240, § 6; L. 1997, ch. 158, § 11; July 1.
(a) The following nonrefundable fees shall be collected by the board:
(1) For an original license, issued upon the basis of an examination given by the board, an application fee in the sum of not more than $200 plus an amount equal to the cost of any examination directly administered by the board for any branch of the technical professions;
(2) for a license by reciprocity under K.S.A. 74-7024, and amendments thereto, an application fee of not more than $500;
(3) for a certificate of authorization for a business entity, the sum of not more than $300;
(4) for the biennial renewal of an active license, the sum of not more than $200;
(5) for the biennial renewal of a certificate of authorization for a business entity, the sum of not more than $300;
(6) for the untimely renewal of a license or certificate of authorization pursuant to K.S.A. 74-7025, and amendments thereto, a late fee of not more than $200; and
(7) for the return of an inactive license to active practice, or for the reinstatement of a cancelled license, the sum of not more than $200.
(b) On or before November 15 of each year, the board shall determine the amount necessary to administer the provisions of K.S.A. 74-7001 et seq., and amendments thereto, for the ensuing calendar year and shall fix the fees for such year at the sum deemed necessary for such purposes.
(c) The board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the technical professions fee fund, which fund is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the board or by a person or persons designated by the chairperson.
History: L. 1976, ch. 334, § 9; L. 1978, ch. 326, § 5; L. 1980, ch. 244, § 3; L. 1992, ch. 240, § 7; L. 1997, ch. 158, § 12; L. 2001, ch. 5, § 333; L. 2009, ch. 94, § 2; L. 2011, ch. 53, § 52; L. 2014, ch. 88, § 10; July 1.
A roster showing the names and places of business of all persons licensed under K.S.A. 74-7001 et seq., and amendments thereto, or issued a certificate of authorization under K.S.A. 74-7036, and amendments thereto, shall be maintained by the executive director. The roster shall also specify the branch of the technical professions in which each such person is licensed or authorized to practice. Copies of the roster shall be provided in accordance with the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto.
History: L. 1976, ch. 334, § 10; L. 1978, ch. 326, § 6; L. 1978, ch. 327, § 1; L. 1978, ch. 347, § 17; L. 1980, ch. 245, § 1; L. 1980, ch. 244, § 4; L. 1992, ch. 240, § 8; L. 2001, ch. 5, § 334; L. 2014, ch. 88, § 11; July 1.
History: L. 1976, ch. 334, § 11; L. 1976, ch. 337, § 3; Repealed, L. 1992, ch. 240, § 31; January 1, 1993.
History: L. 1976, ch. 334, § 12; Repealed, L. 1992, ch. 240, § 31; January 1, 1993.
(a) The board may adopt all rules and regulations, including rules of professional conduct, which are necessary for performance of its powers, duties and functions in the administration of the provisions of K.S.A. 74-7001 et seq., and amendments thereto.
(b) The board, through rules and regulations, may require continuing education as a condition for license renewal or reinstatement and may exempt persons from such continuing education requirements.
(c) The board may adopt rules and regulations concerning cancelled, inactive and emeritus licensure status.
(d) The board shall adopt rules and regulations prescribing minimum standards for boundary surveys, mortgage title inspection, American land title association surveys and such other surveys as necessary to control the quality of surveying in the state of Kansas.
History: L. 1976, ch. 334, § 13; L. 1976, ch. 337, § 4; L. 1978, ch. 326, § 7; L. 1995, ch. 104, § 1; L. 1997, ch. 128, § 4; L. 2009, ch. 94, § 3; L. 2014, ch. 88, § 12; July 1.
History: L. 1976, ch. 334, § 14; Repealed, L. 1992, ch. 240, § 31; January 1, 1993.
History: L. 1976, ch. 334, § 38; Repealed, L. 1978, ch. 326, § 28; July 1.
(a) The board shall keep a record of its proceedings, and a register of all applications for license, which register shall show (1) the name and residence of each applicant; (2) the date of the application; (3) the place of business of such applicant; (4) the applicant's educational and other qualifications; (5) whether or not an examination was required; (6) the action of the board upon the application; (7) the date of the action of the board; and (8) such other information as may be deemed necessary by the board.
(b) The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
History: L. 1978, ch. 326, § 8; L. 1992, ch. 240, § 9; January 1, 1993.
No applicant seeking original license to practice any technical profession shall be entitled to such license without first meeting the requirement to take and pass an examination utilized by the board.
History: L. 1978, ch. 326, § 9; L. 1992, ch. 240, § 10; January 1, 1993.
Applications for licensure shall be submitted on forms prescribed by the board and shall contain information concerning the applicant's education and a detailed summary of the applicant's technical work, previous examinations, if any, and the results thereof and such other information and references as may be required by the board. All such applications shall be submitted to the executive director, together with the application fee prescribed under K.S.A. 74-7009, and amendments thereto, within a time period to be determined by the board.
History: L. 1978, ch. 326, § 14; L. 1992, ch. 240, § 11; L. 2009, ch. 94, § 4; July 1.
Minimum qualifications of applicants seeking licensure as architects are the following:
(a) Graduation from a college or university program that is adequate in its preparation of students for the practice of architecture, as determined by the board in accordance with applicable rules and regulations;
(b) proof of architectural experience of a character satisfactory to the board, as defined by rules and regulations of the board; and
(c) the satisfactory passage of an examination utilized by the board.
History: L. 1978, ch. 326, § 10; L. 1992, ch. 240, § 12; L. 2014, ch. 88, § 13; July 1.
Minimum qualifications of applicants seeking licensure as landscape architects are the following:
(a) (1) Graduation from a four-year college or university program that is adequate in its preparation of students for the practice of landscape architecture and a minimum of four years of experience in landscape architectural work of a character satisfactory to the board, as defined by rules and regulations of the board; or
(2) graduation from a five-year college or university program that is adequate in its preparation of students for the practice of landscape architecture and a minimum of three years of experience in landscape architectural work of a character satisfactory to the board, as defined by rules and regulations of the board; and
(b) the satisfactory passage of an examination utilized by the board.
History: L. 1978, ch. 326, § 11; L. 1992, ch. 240, § 13; January 1, 1993.
(a) Minimum qualifications of applicants seeking licensure as professional engineers are the following:
(1) Graduation from a college or university program that is adequate in its preparation of students for the practice of engineering, as determined by the board in accordance with applicable rules and regulations;
(2) the satisfactory passage of an examination in the fundamentals of engineering as utilized by the board;
(3) proof of four years of engineering experience of a character satisfactory to the board, as defined by rules and regulations of the board; and
(4) the satisfactory passage of an examination in professional practice as utilized by the board.
(b) The board may issue an intern engineer certificate to a person who meets the education and examination qualifications prescribed by the board.
History: L. 1978, ch. 326, § 12; L. 1992, ch. 240, § 14; L. 2009, ch. 94, § 5; L. 2014, ch. 88, § 14; July 1.
(a) Minimum qualifications of applicants seeking licensure as professional surveyors are the following:
(1) Proof of surveying experience and education in accordance with rules and regulations of the board; and
(2) the satisfactory passage of examinations utilized by the board.
(b) The board may issue an intern surveyor certificate to a person who meets the education, experience and examination qualifications prescribed by the board.
History: L. 1978, ch. 326, § 13; L. 1986, ch. 303, § 2; L. 1988, ch. 307, § 2; L. 1992, ch. 240, § 15; L. 2009, ch. 94, § 6; L. 2014, ch. 88, § 15; July 1.
(a) All examinations required by K.S.A. 74-7001 et seq., and amendments thereto, shall be held at such time and place as the board determines. The scope of the examinations, methods of procedure and eligibility to take examinations, including reexaminations, shall be prescribed by the board.
(b) The board, after receiving satisfactory evidence of the qualifications of an applicant and after satisfactory examination of the applicant, shall issue a license authorizing the applicant to practice the technical profession for which the applicant is qualified and to use the title appropriate to such technical profession.
(c) Each license shall show the full name of the licensee, shall have a serial number and shall be signed by the chairperson and the secretary of the board under seal of the board. The issuance of a license by the board shall be prima facie evidence that the person named on the license is legally licensed and is entitled to all the rights and privileges of a licensed practitioner of the technical profession for which the licensee is licensed while the license remains unrevoked and unexpired.
(d) Each licensee shall obtain a seal of a distinctive design authorized by the board, bearing the licensee's name and number and a uniform inscription formulated by the board. Documents signed by the licensee in the licensee's professional capacity shall be stamped with the seal during the duration of the license, but it shall be unlawful for anyone to stamp any document with the seal after the license has expired or has been revoked, unless the license has been renewed or reissued. No person shall tamper with or revise the seal without express written approval by the board.
History: L. 1978, ch. 326, § 15; L. 1992, ch. 240, § 16; L. 2009, ch. 94, § 7; L. 2014, ch. 88, § 17; July 1.
Any person who holds a current license to practice any branch of the technical professions issued by the proper authority in any other state or political subdivision of the United States may be exempted from examination for licensure in this state if the requirements under which such license was issued are of a standard accepted by the board and if the person's record fully meets the requirements of this state in all respects other than examination. Upon determination that the person meets the requirements of this section and all other requirements for licensure under K.S.A. 74-7001 et seq., and amendments thereto, the board may issue, upon application therefor and receipt of payment of the application fee prescribed under K.S.A. 74-7009, and amendments thereto, a license to practice the appropriate technical profession.
History: L. 1978, ch. 326, § 16; L. 1997, ch. 158, § 13; L. 2014, ch. 88, § 18; July 1.
(a) At least 30 days prior to the date of expiration of a license or certificate of authorization, the executive director shall notify every person licensed under K.S.A. 74-7001 et seq., and amendments thereto, or business entity issued a certificate of authorization under K.S.A. 74-7036, and amendments thereto, of the date of the expiration of the license or certificate of authorization and the amount of the fee that is required for its renewal for two years. The licensee shall notify the board in writing of any change of address within 30 days after the date of such change. A licensee shall not practice any technical profession after the expiration date until the license or certificate of authorization has been renewed or reinstated. Any license or certificate of authorization not renewed by the expiration date may be renewed within 60 days after such expiration date by payment of the renewal fee plus a late fee as set forth in K.S.A. 74-7009, and amendments thereto. Any license or certificate of authorization not renewed within 60 days after the expiration date shall be cancelled.
(b) As a condition for obtaining license renewal, the board may require proof of compliance with continuing education requirements established by rules and regulations.
(c) Any person whose license or certificate of authorization has been cancelled pursuant to subsection (a) may have the license or certificate of authorization reinstated by the board for good cause shown and by filing an application for such license or certificate of authorization and such other documents as required by the board, and payment of the reinstatement fee as set forth in K.S.A. 74-7009, and amendments thereto.
(d) Any licensee who voluntarily decides to no longer practice a technical profession shall have such licensee's status changed from active to inactive, provided, such licensee meets the requirements for use of the inactive licensure status established in the rules and regulations adopted by the board. A person whose license is inactive may return to active practice of a technical profession by applying for a return to active practice, paying the appropriate fee as set forth in K.S.A. 74-7009, and amendments thereto, and complying with all applicable rules and regulations adopted by the board.
(e) Any licensee who voluntarily decides to no longer practice a technical profession and who is at least 60 years of age shall have such licensee's status changed from active to emeritus, provided, such licensee meets the requirements for use of the emeritus title established in the rules and regulations adopted by the board.
(f) A new license or certificate of authorization, to replace any lost, destroyed or mutilated license, may be issued, subject to rules and regulations of the board, and a charge of $20 shall be made for such issuance.
History: L. 1978, ch. 326, § 17; L. 1980, ch. 244, § 5; L. 1992, ch. 240, § 17; L. 1995, ch. 104, § 2; L. 2009, ch. 94, § 8; L. 2014, ch. 88, § 19; July 1.
(a) The board shall have the power to limit, condition, reprimand or otherwise discipline, suspend or revoke the license of any person who has engaged in any of the following conduct:
(1) The practice of any fraud or deceit in obtaining a license or certificate of authorization issued under K.S.A. 74-7036, and amendments thereto;
(2) any gross negligence, incompetency, misconduct or wanton disregard for the rights of others in the practice of any technical profession;
(3) a conviction of a felony as set forth in the criminal statutes of the state of Kansas, of any other state or of the United States;
(4) violation of any rules of professional conduct adopted and promulgated by the board or violation of rules and regulations adopted by the board for the purpose of carrying out the provisions of K.S.A. 74-7001 et seq., and amendments thereto; or
(5) affixing or permitting to be affixed such licensee's seal or name to any documents which were not prepared by such licensee or prepared under the responsible charge of such licensee.
(b) The board shall have the power to limit, condition, reprimand or otherwise discipline, suspend or revoke the certificate of authorization of any business entity which has engaged in any conduct which would authorize the board to limit, condition, reprimand or otherwise discipline, suspend or revoke the license of a person under this section.
(c) The board, for reasons it may deem sufficient, may reissue a license or certificate of authorization that has been revoked and may remove the suspension of the license or certificate of authorization, provided, seven or more members of the board vote in favor of such reissuance or removal of suspension. A new license or certificate of authorization, to replace any revoked or suspended license or certificate of authorization, may be issued, subject to rules and regulations of the board, and a charge of $100 shall be made for the issuance of such license or $150 for the issuance of a certificate of authorization.
(d) Any action of the board pursuant to this section shall be subject to the provisions of the Kansas administrative procedure act.
History: L. 1978, ch. 326, § 18; L. 1980, ch. 244, § 6; L. 1984, ch. 313, § 139; L. 1992, ch. 240, § 18; L. 1995, ch. 104, § 6; L. 2009, ch. 94, § 9; L. 2014, ch. 88, § 20; July 1.
In performing its powers, duties and functions under the provisions of this act, the board shall have authority to issue an order under its seal compelling the attendance and testimony of witnesses or compelling the production of books, papers, records, documents or other evidence at any hearing before the board involving the revocation or suspension of license or certificate of authorization issued under K.S.A. 74-7036, and amendments thereto, or practicing or offering to practice without a license or certificate of authorization issued under K.S.A. 74-7036, and amendments thereto. All such hearings shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1978, ch. 326, § 19; L. 1980, ch. 244, § 7; L. 1984, ch. 313, § 140; July 1, 1985.
Notice of the action of the board in denying, suspending or revoking a license or certificate of authorization issued under K.S.A. 74-7036, and amendments thereto, shall be given in accordance with the provisions of the Kansas administrative procedure act. Any person aggrieved by any decision of the board may appeal such action in accordance with the provisions of the Kansas judicial review act.
History: L. 1978, ch. 326, § 20; L. 1980, ch. 244, § 8; L. 1984, ch. 313, § 141; L. 2010, ch. 17, § 188; July 1.
(a) It shall be a class A misdemeanor for any person to:
(1) Practice or offer to practice or hold one's self out as entitled to practice any technical profession unless the person is licensed as provided in K.S.A. 74-7001 et seq., and amendments thereto, or holds a certificate of authorization issued under K.S.A. 74-7036, and amendments thereto;
(2) present or attempt to use, as such person's own, the license, certificate of authorization or seal of another;
(3) falsely impersonate any other practitioner of like or different name;
(4) give false or forged evidence to the board, or any member thereof, in obtaining a license or certificate of authorization;
(5) use or attempt to use a license or certificate of authorization that has expired or been suspended or revoked;
(6) falsely advertise as a licensed practitioner or as the holder of a certificate of authorization;
(7) use in connection with such person's name, or otherwise assume, or advertise any title or description intended to convey the impression that such person is a licensed practitioner or holds a certificate of authorization; or
(8) otherwise violate any of the provisions of K.S.A. 74-7001 et seq., and amendments thereto, or any rule and regulation promulgated by the board.
(b) For the purposes of subsection (a)(1), a person shall be construed to practice or offer to practice or hold one's self out as entitled to practice a technical profession if such person:
(1) Practices any branch of the technical professions;
(2) by verbal claim, sign, advertisement, letterhead, card or in any other way represents the person to be an architect, landscape architect, professional engineer, professional geologist or professional surveyor;
(3) through the use of some other title implies that such person is an architect, landscape architect, professional engineer, professional geologist or professional surveyor, or that such person is licensed to practice a technical profession; or
(4) holds one's self out as able to perform, or does perform, any service or work or any other service designated by the practitioner which is recognized as within the scope of the practice of a technical profession.
(c) The attorney general of the state or the district or county attorney of any county, at the request of the board, shall render such legal assistance as may be necessary in carrying out the provisions of K.S.A. 74-7001 et seq., and amendments thereto. Upon the request of the board, the attorney general or district or county attorney of the proper county shall institute in the name of the state or board the proper proceedings against any person regarding whom a complaint has been made charging such person with the violation of any of the provisions of K.S.A. 74-7001 et seq., and amendments thereto. The attorney general, and such district or county attorney, at the request of the attorney general or of the board, shall appear and prosecute any and all such actions.
History: L. 1978, ch. 326, § 21; L. 1980, ch. 244, § 9; L. 1992, ch. 240, § 19; L. 2009, ch. 94, § 10; L. 2014, ch. 88, § 21; July 1.
Whenever in the judgment of the board any person has engaged in, or is about to engage in, any acts or practices which constitute, or will constitute, a violation of this act, or any rules and regulations of the board, the board may make application to the district court, without giving bond, for civil enforcement of the act or rules and regulations in accordance with the Kansas judicial review act.
History: L. 1978, ch. 326, § 22; L. 1984, ch. 313, § 142; L. 2010, ch. 17, § 189; July 1.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, requiring licensure or the issuance of a certificate of authorization under K.S.A. 74-7036, and amendments thereto, to engage in the practice of architecture shall not be construed to prevent or to affect:
(a) The practice of any person engaging in the publication of books or pamphlets illustrating architectural designs.
(b) Persons preparing plans, drawings or specifications for buildings housing no more than two dwelling units in one contiguous structure or for agricultural buildings.
(c) Persons furnishing, individually or with subcontractors, labor and materials, with or without plans, drawings, specifications, instruments of service, or other data concerning the labor and materials to be used for any of the following, provided, compliance with the most recent edition of the international building code adopted by the international code conference and rules and regulations adopted by the state fire marshal, is not required:
(1) Store fronts or facades, interior alterations or additions, fixtures, cabinet work, furniture, appliances or other equipment;
(2) work necessary to provide for installation of any item designated in subsection (c)(1);
(3) alterations or additions to a building necessary to, or attendant upon, installation of any item designated in subsection (c)(1), if the alteration or addition does not change or affect:
(A) The structural system of the building, which structural system includes, but is not limited to, foundations, walls, floors, roofs, footings, bearing partitions, beams, columns or joists and does not exceed the structural capacity of the system;
(B) the required exit capacities or exiting travel distances; or
(C) the required fire ratings of assemblies, fire separation walls or fire ratings required by building type.
(d) Work involving matters of rates, rating and loss prevention by employees of insurance rating organizations and insurance service organizations and insurance companies and agencies.
(e) The performance of services by a licensed landscape architect or business entity issued a certificate of authorization to provide services in landscape architecture under K.S.A. 74-7036, and amendments thereto, in connection with landscape and site planning for the sites, approaches or environment for buildings, structures or facilities.
History: L. 1978, ch. 326, § 23; L. 1980, ch. 244, § 10; L. 1992, ch. 240, § 20; L. 2009, ch. 94, § 11; L. 2014, ch. 88, § 22; July 1.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, requiring licensure or the issuance of a certificate of authorization under K.S.A. 74-7036, and amendments thereto, to engage in the practice of landscape architecture shall not be construed to prevent or to affect:
(a) The right of any individual to engage in the occupation of growing and marketing nursery stock, to use the title nurseryman, landscape nurseryman or gardener, or to prohibit any individual to plan or plant such individual's own property.
(b) The right of nurserymen to engage in preparing and executing planting plans.
(c) The practice of site development planning, in accordance with the practice of architecture.
(d) The performance of those services described in subsection (k)(1) of K.S.A. 74-7003, and amendments thereto, by a licensed professional engineer, except that no licensed professional engineer shall perform the following services: (1) Planting plans; or (2) the determination of proper land use as it pertains to natural features; ground cover, use, nomenclature and arrangement of plant material adapted to soils and climate.
History: L. 1978, ch. 326, § 24; L. 1980, ch. 244, § 11; L. 1992, ch. 240, § 21; L. 2014, ch. 88, § 23; July 1.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, requiring licensure or the issuance of a certificate of authorization under K.S.A. 74-7036, and amendments thereto, to engage in the practice of engineering shall not be construed to prevent or to affect:
(a) Except as provided by subsection (b), the design or erection of any structure or work by a person who owns the structure or work, upon such person's own premises for such person's own use if the structure or work is not to be used for human habitation, is not to serve as a place of employment, and is not to be open to the public for any purpose whatsoever.
(b) Persons designing or erecting or preparing plans, drawings or specifications for buildings housing no more than two dwelling units in one contiguous structure or for agricultural buildings.
(c) Persons engaged in planning, drafting and designing of products manufactured for resale to the public.
(d) The performance of services by a licensed landscape architect in connection with landscape and site planning for the sites, approaches or environment for buildings, structures or facilities.
History: L. 1978, ch. 326, § 25; L. 1980, ch. 244, § 12; L. 1992, ch. 240, § 22; L. 1999, ch. 135, § 1; L. 2014, ch. 88, § 24; July 1.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, requiring licensure or the issuance of a certificate of authorization under K.S.A. 74-7036, and amendments thereto, to engage in the practice of surveying shall not be construed to prevent or to affect:
(a) Those surveying activities, which include locating or laying out of alignments, positions or elevations where such work is part of the construction of engineering or architectural works, when such activities are for purposes other than the conveyance of an interest in real property.
(b) The practice of surveying by an individual of such individual's own real property or that of such individual's employer for purposes other than the conveyance of an interest in such real property.
(c) The surveying on farms for agricultural purposes other than the conveyance of an interest in such farm property.
(d) The performance of services by a licensed landscape architect or by a business entity issued a certificate of authorization to provide services in landscape architecture under K.S.A. 74-7036, and amendments thereto, in connection with landscape and site planning for the sites, approaches or environment for buildings, structures or facilities.
(e) Mapping by governmental agencies when such activity does not involve the locating, relocating, or physical establishment of land boundaries and related monuments or the preparation of original or field retracement of existing descriptions of real property.
History: L. 1978, ch. 326, § 26; L. 1980, ch. 244, § 13; L. 1986, ch. 303, § 1; L. 1992, ch. 240, § 23; L. 2009, ch. 94, § 12; L. 2014, ch. 88, § 25; July 1.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, shall not apply to:
(a) The work of an employee, consultant or a subordinate of a person holding a license under K.S.A. 74-7001 et seq., and amendments thereto, if such work does not include final designs or decisions, responsible charge of design and is done under the direct responsibility and supervision of a person practicing lawfully a technical profession;
(b) the work of any person who is exclusively and regularly employed by a single employer, provided, such employer is not an engineering, architectural, surveying, landscape architectural or geology firm, and is not primarily engaged in the business of conveying an interest in real property, and also provided, such work is performed under an employer-employee relationship, and making surveys of land and determinations of physical property rights is performed solely in connection with the affairs of such employer or its subsidiaries and affiliates and solely for the uses, purposes and benefit of such employer, subsidiaries and affiliates;
(c) a plumbing contractor, master plumber or journeyman plumber licensed under the provisions of K.S.A. 12-1508 et seq., and amendments thereto, while performing the work such plumber is authorized to perform pursuant to such license; or
(d) an electrical contractor, master electrician, journeyman electrician or residential electrician licensed under the provisions of K.S.A. 12-1525 et seq., and amendments thereto, while performing the work such electrician is authorized to perform pursuant to such license.
(e) For purposes of this act, public officers and employees who, within the scope of their employment and in the discharge of their public duties, provide information pertinent to or review the sufficiency of technical submissions, or who inspect property or buildings for compliance with requirements safeguarding life, health or property, are not engaged in the practice of the technical professions.
History: L. 1978, ch. 326, § 27; L. 1992, ch. 240, § 24; L. 1997, ch. 158, § 14; L. 1999, ch. 135, § 2; L. 2014, ch. 88, § 27; July 1.
(a) Notwithstanding any other provision of law, a business entity organized for the practice of one or more of the technical professions shall obtain a certificate of authorization pursuant to this section prior to doing business in this state. To obtain a certificate of authorization a business entity must meet the following:
(1) One or more principals is designated as being in responsible charge for the activities and decisions relating to the practice of such profession and is licensed to practice such profession by the board and is a regular employee of and active participant in the business entity;
(2) each person engaged in the practice of the technical profession is licensed to practice such profession by the board, or is exempt from licensure under K.S.A. 74-7031 through 74-7035, and amendments thereto, or is exempt from examination for licensure in this state under K.S.A. 74-7024, and amendments thereto; and
(3) each separate office or place of business established in this state by the business entity has a licensed professional who is regularly supervising the work of an office or place of business and has responsible charge of each respective technical professional practicing in the office. This requirement shall not apply to offices or places of business established to provide construction administration services only.
(b) A business entity shall apply to the board for a certificate of authorization, upon a form prescribed by the board, listing the names and addresses of all principals licensed to practice the technical profession and such other information as may be required by the board. The application for a certificate of authorization shall be accompanied by an application fee fixed by the board under K.S.A. 74-7009, and amendments thereto. The certificate of authorization shall be renewed biennially. The biennial renewal fee fixed by the board under K.S.A. 74-7009, and amendments thereto, shall be accompanied by a form prescribed by the board providing current information. In the event of a change of any principal, such change shall be provided to the board within 30 days after the effective date of such change.
(c) If the board finds that such business entity is in compliance with all of the requirements of this section, the board shall issue a certificate of authorization to such business entity designating the technical profession for which such business entity is authorized to provide services.
(d) No business entity issued a certificate of authorization under this section shall be relieved of responsibility for the conduct or acts of its agents, employees or principals by reason of its compliance with the provisions of this section, nor shall any individual practicing a technical profession be relieved of responsibility and liability for services performed by reason of employment or relationship with such business entity. The requirements of this section shall not affect a business entity and its employees in performing services included within the term "technical professions" solely for the benefit of such business entity or subsidiary or affiliated business entities. Nothing in this section shall exempt any business entity from the provisions of any other law applicable thereto.
History: L. 1980, ch. 244, § 1; L. 1992, ch. 240, § 25; L. 2009, ch. 94, § 13; L. 2014, ch. 88, § 28; July 1.
History: L. 1988, ch. 307, § 3; Repealed, L. 2014, ch. 88, § 39; July 1.
A public official charged with the enforcement of any state, county or municipal building code shall not accept or approve any technical submissions involving the practice of the technical professions unless the technical submissions have been stamped with the technical professional's seal, signed and dated as required by K.S.A. 74-7001 et seq., and amendments thereto, or unless the applicant has certified on the technical submission to the applicability of a specific exception provided for in K.S.A. 74-7035, and amendments thereto, permitting the preparation of the technical submissions by a person not licensed under K.S.A. 74-7001 et seq., and amendments thereto. A building permit issued with respect to technical submissions which does not conform to the requirements of K.S.A. 74-7001 et seq., and amendments thereto, is invalid. The acceptance or approval of technical submissions or the issuance of a building permit by a public official engaged in building inspection responsibilities, contrary to the provisions of K.S.A. 74-7001 et seq., and amendments thereto, shall not create liability upon the public official or the official's governmental agency.
History: L. 1992, ch. 240, § 26; L. 2014, ch. 88, § 29; July 1.
(a) The board, in addition to any other penalty prescribed under K.S.A. 74-7001 et seq., and amendments thereto, may assess civil fines after proper notice and an opportunity to be heard, against any person or entity for a violation of the statutes, rules and regulations or orders enforceable by the board in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All civil fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(b) The board may also assess costs, including attorney fees, against any person or entity for a violation of the statutes, rules and regulations or orders enforceable by the board in addition to any fine imposed. All costs assessed under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the technical professions fee fund.
(c) In determining the amount of penalty to be assessed pursuant to this section, the board may consider the following factors among others:
(1) Willfulness of the violation;
(2) repetitions of the violation; and
(3) magnitude of the risk of harm to the health, safety, property and welfare of the public caused by the violation.
History: L. 1992, ch. 240, § 27; L. 2001, ch. 5, § 335; L. 2014, ch. 88, § 30; July 1.
Any person licensed to practice the technical professions in the state of Kansas at the time this act takes effect shall thereafter continue to possess the same rights and privileges with respect to the practice of the technical profession for which such person is licensed, in accordance with the current definition of the practice of such technical profession, without being required to obtain a new license under the provisions of this act, subject to the power of the board as provided in this act to suspend or revoke the license of any such person for any of the causes set forth in K.S.A. 74-7026, and amendments thereto, and subject to the power of the board to require any such person to renew such license as provided in K.S.A. 74-7025, and amendments thereto.
History: L. 1992, ch. 240, § 28; L. 2014, ch. 88, § 31; July 1.
History: L. 1997, ch. 128, § 5; L. 2009, ch. 94, § 14; Repealed, L. 2014, ch. 88, § 39; July 1.
(a) Minimum qualifications of applicants seeking licensure as professional geologists are the following:
(1) Graduation from a course of study in geology, or from a program which is of four or more years' duration and which includes at least 30 semester or 45 quarter hours of credit with a major in geology or a geology specialty, that is adequate in its preparation of students for the practice of geology;
(2) proof of at least four years of experience in geology of a character satisfactory to the board, as defined by rules and regulations of the board; and
(3) the satisfactory passage of such examinations in the fundamentals of geology and in geologic practice as utilized by the board.
(b) The board may issue an intern geologist certificate to a person who meets the education and examination qualifications prescribed by the board.
History: L. 2014, ch. 88, § 16; July 1.
History: L. 1997, ch. 128, § 6; Repealed, L. 2014, ch. 88, § 39; July 1.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, requiring licensure or the issuance of a certificate of authorization under K.S.A. 74-7036, and amendments thereto, to engage in the practice of geology shall not be construed to prevent or to affect:
(a) The practice of geology by any person before July 1, 2000.
(b) The practice of geology which is exclusively in the exploration for and development of energy resources and economic minerals, and which does not affect the health, safety, property and welfare of the public, as determined by the board.
(c) The acquisition of engineering data, geologic data for engineering purposes and the utilization of such data by licensed professional engineers.
(d) The performance of work customarily performed by graduate physical or natural scientists.
(e) The teaching of geology in a college or university offering an approved geology curriculum.
History: L. 2014, ch. 88, § 26; July 1.
History: L. 1997, ch. 128, §§ 7 to 9; Repealed, L. 2009, ch. 94, § 15; July 1.
(a) A professional surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such professional surveyor's authorized agents and employees may enter upon lands, waters and premises of a party who has not requested the survey when it is necessary for the purpose of making a survey. If the licensed professional surveyor has made a reasonable attempt to notify the person in possession, such entry shall not be deemed a trespass. Upon notice, such person in possession has the right to modify the time and other provisions of the professional surveyor's access upon notification to the surveyor, as long as such modifications do not unreasonably restrict completion of the survey. Nothing herein shall change the status of the licensed professional surveyor as an occupier of land.
(b) While conducting surveys, the licensed professional surveyor and such professional surveyor's authorized agents and employees shall carry proper identification as to such professional surveyor's licensure or employment and shall display such identification to anyone upon request.
(c) Neither the landowner nor the person in possession shall be liable for any injury or damage sustained by a licensed professional surveyor or such professional surveyor's authorized agents and employees entering upon such land, water or premises under the provisions of this section, except when such damages and injury were willfully or deliberately caused by the landowner or person in possession.
(d) Nothing in this section shall be construed to:
(1) Remove civil liability for actual damage to such lands, waters, premises, crops or personal property;
(2) give the licensed professional surveyor or such professional surveyor's authorized agents and employees the authority to enter any building or structure used as a residence or for storage; and
(3) remove civil or criminal liability for intentional acts of injury or for damages to the professional surveyor or authorized agents and employees.
History: L. 2004, ch. 129, § 1; L. 2014, ch. 88, § 32; July 1.
(a) As used in this section:
(1) "Board" means the state board of technical professions established pursuant to K.S.A. 74-7004, and amendments thereto.
(2) "Design profession" means the practice of architecture, landscape architecture, land surveying, geology or engineering as specified in K.S.A. 74-7003, and amendments thereto.
(3) "Design professional" means an architect, landscape architect, land surveyor, geologist or professional engineer or a business entity authorized pursuant to K.S.A. 74-7036, and amendments thereto, to practice one or more of the technical professions specified in paragraph (2).
(4) "Architect" shall have the meaning ascribed to such term in K.S.A. 74-7003, and amendments thereto.
(5) "Geologist" shall have the meaning ascribed to such term in K.S.A. 74-7003, and amendments thereto.
(6) "Landscape architect" shall have the meaning ascribed to such term in K.S.A. 74-7003, and amendments thereto.
(7) "Land surveyor" shall have the meaning ascribed to such term in K.S.A. 74-7003, and amendments thereto.
(8) "Professional engineer" shall have the meaning ascribed to such term in K.S.A. 74-7003, and amendments thereto.
(9) "Lessons learned" means any internal meeting, class, publication in any medium, presentation, lecture, or other means of teaching and communicating after substantial completion of the project which are conducted solely and exclusively by and with the employees, partners, and coworkers of the design professional who prepared the project's design for the purpose of learning best practices and reducing errors and omissions in design documents and procedures.
(10) "Peer review" or "peer review process" means any of the following functions:
(A) Evaluate and improve the design, drawings specifications or quality of services rendered by a design professional;
(B) evaluate the design, construction, procedures and results of improvements to real property based upon services rendered by a design professional during or after completion of such improvements; or
(C) prepare an internal lessons learned review of any project or services rendered for the purpose of improving the quality of services rendered by a design professional.
(11) "Peer reviewer" or "peer review committee" means an individual design professional or a committee of design professionals retained, employed, designated or appointed by:
(A) A state, county or local society of design professionals; or
(B) the board of directors, chief executive officer, quality control director, or employed design professional of a business entity authorized pursuant to K.S.A. 74-7036, and amendments thereto, to practice one or more of the technical professions specified in paragraph (2).
(b) (1) Except as provided by K.S.A. 60-437, and amendments thereto, and by subsections (c) and (d), the reports, statements, memoranda, proceedings, findings and other records submitted to or generated by any peer review committee or peer reviewer shall be privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity or be admissible in evidence in any judicial or administrative proceeding. Information contained in such records shall not be discoverable or admissible at trial in the form of testimony by an individual who participated in the peer review process.
(2) The design professional who retains, employs, designates or appoints the peer reviewer or peer review committee is the holder of the privilege established by this section. This privilege may be claimed by such design professional and shall not be waived as a result of any disclosure by a peer reviewer or peer review committee.
(c) (1) Subsection (b) shall not apply to proceedings by the board in which a design professional contests the revocation, denial, restriction or termination of the license, registration, certification or other authorization to practice of the design professional. In any disciplinary proceeding conducted by the board in which admission of any peer review report, record or testimony is proposed by the licensee, the board shall hold the hearing in closed session when any such report, record or testimony is disclosed. Unless otherwise provided by law, in a disciplinary proceeding involving a design professional, the board may close only that portion of the hearing in which disclosure of a report or record privileged under this section is proposed. In closing a portion of a hearing as provided by this section, the presiding officer may exclude any person from the hearing location except the licensee, the licensee's attorney, the agency's attorney, the witness, the court reporter and appropriate staff support for either counsel.
(2) Upon motion of the design professional who is subject to the proceeding, a district court or the board shall make the portions of the agency record in which such report or record is disclosed subject to a protective order prohibiting further disclosure of such report or record.
(3) Such report or record shall not be subject to discovery, subpoena or other means of legal compulsion for its release to any person or entity. No person in attendance at a closed portion of a disciplinary proceeding shall at a subsequent civil, criminal or administrative hearing, be required to testify regarding the existence or content of a report or record privileged under this section which was disclosed in a closed portion of a hearing, nor shall such testimony be admitted into evidence in any subsequent civil, criminal or administrative hearing.
(4) In conducting a disciplinary proceeding, the board may review peer review committee process, records, testimony or reports but must prove its findings with independently obtained testimony or records which shall be presented as part of the disciplinary proceeding in open meeting of the board. Peer review committee process, records, testimony or reports received by the board shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in evidence in any judicial or administrative proceeding other than a disciplinary proceeding by the board.
(5) Offering such testimony or records in an open public hearing shall not be deemed a waiver of the peer review privilege relating to any peer review committee testimony, records or report.
(d) Nothing in this section shall limit the authority, which may otherwise be provided by law, of the board to impose disciplinary action pursuant to K.S.A. 74-7026, and amendments thereto, against a design professional.
(e) (1) A peer review committee or peer reviewer may report to and discuss its activities, information and findings to other peer review committees or peer peer reviewers or to the design professional who retains, employs, designates or appoints the peer reviewer or peer review committee and to any officer, director or quality control director thereof without waiver of the privilege provided by subsection (b) and the records of all such peer review committees or peer reviewers relating to such report shall be privileged as provided by subsection (b).
(2) Each peer reviewer and member of a peer review committee shall be immune from civil liability for such acts so long as the acts are performed in good faith, without malice, and are reasonably related to the scope of inquiry of the peer review process. The immunity in this subsection is intended to cover only outside peer reviews by a third-party design professional who:
(A) Is not an employee, coworker, or partner of the design professional whose design is being peer reviewed; and
(B) has no other role in the project besides performing the peer review.
(f) No provision of this act shall be construed to supersede or conflict with the authority of the board of technical professions pursuant to K.S.A. 74-7001 et seq., and amendments thereto.
History: L. 2014, ch. 111, § 1; July 1.
History: L. 1977, ch. 266, §§ 1 to 8; Expired, December 31, 1987.
History: L. 1978, ch. 308, §§ 1, 2; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 3; Repealed, L. 1979, ch. 281, § 12; April 13.
History: L. 1978, ch. 308, § 4; L. 1979, ch. 258, § 1; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 5; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 6; L. 1979, ch. 259, § 1; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 7; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 8; L. 1980, ch. 246, § 1; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 9; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 10; L. 1980, ch. 247, § 2; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 11; L. 1981, ch. 303, § 1; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 12; L. 1980, ch. 248, § 1; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 13; L. 1980, ch. 249, § 1; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 14; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 15; L. 1980, ch. 250, § 2; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 16; L. 1980, ch. 251, § 1; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, §§ 17, 18; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 19; Repealed, L. 1981, ch. 248, § 9; July 1.
History: L. 1978, ch. 308, § 20; Repealed, L. 1981, ch. 249, § 5; July 1.
History: L. 1978, ch. 308, § 21; L. 1981, ch. 300, § 3; Repealed, L. 1985, ch. 215, § 24; July 1.
History: L. 1978, ch. 308, § 21; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 22; Repealed, L. 1981, ch. 304, § 10; July 1.
History: L. 1978, ch. 308, § 23; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, §§ 24, 25; Repealed, L. 1981, ch. 2, § 16; July 1.
History: L. 1978, ch. 308, §§ 26 to 40; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 73; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 308, § 75; L. 1980, ch. 252, § 1; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1978, ch. 242, § 9; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1980, ch. 289, § 5; Repealed, L. 1981, ch. 299, § 64; July 1.
History: L. 1981, ch. 299, § 1; L. 1984, ch. 295, § 1; Repealed, L. 1992, ch. 300, § 2; July 1.
History: L. 1981, ch. 299, § 2; L. 1985, ch. 261, § 1; Repealed, L. 1992, ch. 300, § 2; July 1.
History: L. 1981, ch. 299, §§ 3 to 5; Repealed, L. 1992, ch. 300, § 2; July 1.
History: L. 1981, ch. 299, § 6; L. 1982, ch. 326, § 1; L. 1990, ch. 288, § 1; L. 1991, ch. 148, § 10; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 7; L. 1982, ch. 327, § 1; L. 1983, ch. 259, § 1; L. 1991, ch. 242, § 1; L. 1992, ch. 193, § 1; Repealed, L. 1992, ch. 300, § 2; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 8; L. 1982, ch. 328, § 1; L. 1988, ch. 308, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, §§ 9, 10; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 11; L. 1983, ch. 213, § 1; L. 1984, ch. 296, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 12; L. 1983, ch. 260, § 1; L. 1987, ch. 307, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 13; L. 1983, ch. 261, § 1; L. 1991, ch. 243, § 1; Repealed, L. 1996, ch. 16, § 1; March 21.
History: L. 1981, ch. 299, § 14; L. 1983, ch. 262, § 1; L. 1987, ch. 308, § 1; L. 1989, ch. 236, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 15; L. 1984, ch. 297, § 1; Repealed, L. 1984, ch. 323, § 17; July 1.
History: L. 1981, ch. 299, § 16; L. 1984, ch. 295, § 2; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 17; L. 1984, ch. 298, § 1; L. 1985, ch. 292, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 18; L. 1985, ch. 261, § 2; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 19; Repealed, L. 1985, ch. 261, § 4; July 1.
History: L. 1981, ch. 299, § 20; L. 1985, ch. 262, § 1; L. 1988, ch. 309, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 21; L. 1985, ch. 261, § 3; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 22; Repealed, L. 1985, ch. 261, § 4; July 1.
History: L. 1981, ch. 299, § 23; L. 1986, ch. 304, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 24; L. 1986, ch. 305, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 25; L. 1987, ch. 309, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 26; L. 1987, ch. 310, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 27; L. 1987, ch. 311, § 1; L. 1989, ch. 237, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 28; L. 1987, ch. 312, § 1; L. 1989, ch. 238, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1981, ch. 299, § 63; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1982, ch. 308, § 8; L. 1984, ch. 334, § 1; Repealed, L. 1992, ch. 116, § 54; Repealed, L. 1992, ch. 162, § 12; April 30.
History: L. 1986, ch. 143, § 2; L. 1991, ch. 150, § 40; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1989, ch. 291, § 22; L. 1990, ch. 43, § 10; Repealed, L. 1991, ch. 244, § 1; July 1.
History: L. 1990, ch. 270, § 26; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1990, ch. 267, § 3; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1990, ch. 269, § 1; L. 1992, ch. 299, § 6; Repealed, L. 1992, ch. 300, § 2; July 1.
History: L. 1990, ch. 271, § 2; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1990, ch. 286, § 8; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1990, ch. 314, § 2; Repealed, L. 1992, ch. 116, § 54; July 1.
This act shall be known and may be cited as the Kansas governmental operations accountability law or K-GOAL.
History: L. 1992, ch. 116, § 1; July 1.
The legislature hereby declares that the purpose of state government is to keep secure the constitutional rights of Kansas citizens, to protect their health, safety and welfare, and to otherwise serve the public need in the most economically beneficial, operationally efficient, and cost effective manner possible. Therefore, it is the intention of K-GOAL to provide for a governmental operations accountability system under which the legislature may ensure accomplishment of the declared purpose of state government by periodically reviewing and evaluating the operations of selected state agencies or programs, determining the necessity, propriety and legality of the operations reviewed and evaluated, identifying inefficiency and ineffectiveness, and taking action to retain and maintain appropriate and effective governmental operations, remediate defective governmental operations, and terminate inappropriate or obsolete governmental operations.
History: L. 1992, ch. 116, § 2; L. 2008, ch. 112, § 2; May 1.
(a) Each state agency or program shall be subject to audit, review and evaluation under the Kansas governmental operations accountability law as determined by the legislative post audit committee. The legislative post audit committee shall direct the post auditor to conduct not fewer than four performance audits each year under the Kansas governmental operations accountability law. The agencies or programs to be audited each year and the scope of such audits shall be selected from a listing provided to the committee by the legislative post auditor. The legislative post auditor shall solicit ideas for performance audit topics from a broad range of interested parties, including the general public. Each performance audit conducted pursuant to the requirements of this subsection shall be completed on or before December 1 for review by the legislature during the next regular session of the legislature.
(b) Any performance audit directed to be conducted by the post auditor and the division of post audit under the provisions of subsection (a) may include a determination of the following factors, as applied to the state agency or program being evaluated:
(1) Whether the primary function of the agency or program is needed. If applicable to the scope of the audit selected for the agency or program being reviewed, this determination may include, but not be limited to, an assessment of one or more of the following:
(A) Whether the purpose, problem or need that the agency or program was established to address still exists.
(B) Whether the agency or program provides a significant public benefit or essential public service.
(C) Whether abolishing the agency or program significantly harms the public's health or welfare.
(D) Whether there would be possible savings from abolishing the agency or program.
(E) Whether federal funding would be jeopardized if the agency or program were abolished.
(2) Whether another federal, state, local or private entity exists that could effectively perform the functions of the agency or program. If applicable to the scope of the audit selected for the agency or program being reviewed, this determination may include, but not be limited to, an assessment of one or more of the following:
(A) Whether the function is needed, and if so, whether it is addressed in other states.
(B) Whether other organizational structures would work better in Kansas.
(C) Whether efficiencies and potential cost savings might be achieved from transferring or consolidating the function.
(3) Whether the agency or program could be operated more efficiently and still fulfill its intended purpose. If applicable to the scope of the audit selected for the agency or program being reviewed, this determination may include, but not be limited to, an assessment of one or more of the following:
(A) Whether the agency or program is doing more than is necessary or authorized.
(B) Whether the agency's or program's statutory authority, rules and regulations, mission and technology, reflect the current environment in which the agency or program is operating.
(C) Whether the agency or program is responsive to the public's needs.
(D) Whether efficiencies and potential savings might be achieved by making changes to the way the agency or program operates.
(E) Whether the agency's or program's functions or operations could be less burdensome or restrictive and still adequately protect and serve the public.
(F) Whether the agency or program has sufficient authority related to fees, inspections, enforcement and penalties.
(G) Whether the agency or program promptly and effectively address complaints and take appropriate enforcement actions.
(H) Whether any fees are set at a level that fully supports agency or program costs.
(4) Whether there are any other factors, as determined by the legislative post auditor or directed by the legislative post audit committee, that would need to be determined for the audit.
(c) The scope of the audits conducted under this section may address all operations of the state agency, or may be restricted to a particular operation of the state agency, as directed by the legislative post audit committee, with the advice of the legislative post auditor.
(d) Upon completion of the performance audit, the legislative post audit committee shall review and accept the audit report. A copy of the audit report shall be made available to each member of the legislature in accordance with the provisions of K.S.A. 46-1212c, and amendments thereto.
History: L. 1992, ch. 116, § 3; L. 1994, ch. 142, § 3; L. 2000, ch. 144, § 2; L. 2008, ch. 112, § 3; May 1.
History: L. 1992, ch. 116, § 4; L. 2000, ch. 144, § 3; Repealed, L. 2008, ch. 112, § 11; May 1.
The senate committee on ways and means, the house of representatives committee on appropriations, the legislative budget committee or the appropriate legislative standing committee or committees, as determined by the legislative coordinating council, shall review and evaluate the operations of the state agency or program subject to audit and evaluation under K-GOAL. The committee shall familiarize itself with the provisions of law by which the state agency or program acquired existence, the manner in which the state agency or program is supposed to be organized and how the state agency or program actually is organized, the powers granted to and the operations authorized to be performed by the state agency or program, what powers are being exercised and what operations are being performed by the state agency or program, and the manner in which the state agency or program is exercising its powers and performing its operations. The committee shall consider any performance audit conducted by the post auditor and the division of post audit under the direction of the legislative post audit committee pursuant to the provisions of K.S.A. 74-7285, and amendments thereto. During the course of the review and evaluation of the state agency or program and its operations, the committee shall hold a public hearing for the purpose of receiving testimony from the public, the involved state agency or program and its officers and employees, and other appropriate state officers and employees. In all such hearings, the involved state agency or program shall be held accountable for the legality and propriety of the operations under review and be responsible for producing evidence of the necessity for and extent of any changes in the organization, powers or operations of the state agency or program or in its enabling laws which would increase efficiency or effectiveness.
History: L. 1992, ch. 116, § 5; L. 2008, ch. 112, § 4; May 1.
History: L. 1992, ch. 116, § 6; L. 1994, ch. 142, § 4; Repealed, L. 2000, ch. 144, § 23; May 25.
History: L. 1992, ch. 116, §§ 7 to 12; L. 1994, ch. 142, §§ 5 to 10; L. 2000, ch. 144, §§ 4 to 9; Repealed, L. 2008, ch. 112, § 11; May 1.
History: L. 1992, ch. 116, § 13; L. 2000, ch. 144, § 10; L. 2003, ch. 154, § 67; Repealed, L. 2008, ch. 112, § 11; May 1.
History: L. 1992, ch. 116, § 14; L. 2000, ch. 144, § 11; Repealed, L. 2008, ch. 112, § 11; May 1.
History: L. 1992, ch. 116, § 15; Repealed, L. 2000, ch. 144, § 23; May 25.
History: L. 1992, ch. 116, §§ 16 to 18; L. 1994, ch. 142, §§ 11 to 13; L. 2000, ch. 144, §§ 12 to 14; Repealed, L. 2008, ch. 112, § 11; May 1.
History: L. 1992, ch. 116, § 19; L. 2000, ch. 144, § 15; Repealed, L. 2008, ch. 112, § 11; May 1.
History: L. 1992, ch. 116, § 20; L. 1994, ch. 142, § 14; L. 2000, ch. 144, § 16; Repealed, L. 2008, ch. 112, § 11; May 1.
History: L. 1992, ch. 116, § 21; L. 1994, ch. 142, § 15; L. 2000, ch. 144, § 17; L. 2004, ch. 179, § 113; Repealed, L. 2008, ch. 112, § 11; May 1.
History: L. 1992, ch. 116, § 22; L. 1994, ch. 142, § 16; L. 2000, ch. 144, § 18; Repealed, L. 2008, ch. 112, § 11; May 1.
History: L. 1994, ch. 142, § 1; Repealed, L. 2000, ch. 144, § 23; May 25.
History: L. 2000, ch. 144, §§ 19 to 21; Repealed, L. 2008, ch. 112, § 11; May 1.
History: L. 2008, ch. 112, § 10; Expired, July 1, 2009.
K.S.A. 74-72,122 through 74-72,125, and amendments thereto, shall be known and may be cited as the Kansas taxpayer transparency act.
History: L. 2008, ch. 112, § 5; L. 2014, ch. 86, § 6; July 1.
(a) As used in the Kansas taxpayer transparency act:
(1) "Searchable website" means a website that allows the public to search and aggregate the information identified in subsection (b) including requirements that the website offer the public the ability to efficiently search and display data, and ascertain the total amounts of revenues and expenditures (A) of funds established within the state treasury in an aggregate or summary form in a manner determined by the secretary of administration, (B) of compensation paid to public employees employed by state agencies, and (C) of bond debt as specified in this act.
(2) "Agency" means any entity or instrumentality of the state of Kansas as defined in K.S.A. 75-3701, and amendments thereto, and any other entity or instrumentality delegated statutory authority by the legislature to issue bonds and to collect revenue for the purpose of repaying bonds issued under authority delegated by statute.
(3) "Board" means the public finance transparency board.
(b) No later than March 1, 2009, the secretary of administration shall develop and operate a single, searchable website accessible by the public at no cost to access, that includes:
(1) Annual expenditures, as determined by the secretary of administration and as available within the central accounting system and state payroll system, shall include, but not be limited to:
(A) Disbursements by any state agency from funds established within the state treasury;
(B) bond debt payments;
(C) salaries and wages including, but not limited to, compensation paid to individual employees of state agencies;
(D) contractual services including, but not limited to, amounts paid to individual vendors;
(E) commodities including, but not limited to, amounts paid to individual vendors;
(F) capital outlay including, but not limited to, amounts paid to individual vendors;
(G) debt service including, but not limited to, amounts of bond interest paid and sources of funds paid for individual bond issues;
(H) aid to local units including, but not limited to, amounts paid to individual units of government for individually identifiable aid programs;
(I) other assistance and benefits;
(J) capital improvements including, but not limited to, amounts of bond principal paid and sources of funds paid for individual bond issues; and
(K) tax expenditures as reported by the secretary of revenue in the annual tax expenditure report.
(2) Annual revenues, as determined by the secretary of administration and as available within the central accounting system, shall include, but not be limited to:
(A) Receipts or deposits by any state agency into funds established within the state treasury;
(B) taxes including, but not limited to, compulsory contributions imposed by the state for the purpose of financing services;
(C) agency earnings including, but not limited to, amounts collected by each agency for merchandise sold, services performed, licenses and permits issued, or regulation;
(D) revenue for the use of money and property including, but not limited to, amounts received for compensation for the use of state-owned money and property;
(E) gifts, donations and federal grants including, but not limited to, amounts received from public and private entities to aid in support of a specific function or other governmental activity;
(F) other revenue including, but not limited to, receipts not classified elsewhere; and
(G) non-revenue receipts including, but not limited to, all receipts that do not constitute revenue.
(3) Annual bonded indebtedness which shall include, but not be limited to the amount of the total original obligation stated in terms of principal and interest, the term of the obligation, the source of funding for repayment of the obligation, the amounts of principal and interest previously paid to reduce the obligation, the balance remaining of the obligation, any refinancing of the obligation, and the cited statutory authority to issue such bonds.
(4) Any other relevant information specified by the secretary of administration after consulting with and seeking the advice of the public finance transparency board as established in K.S.A. 74-72,124, and amendments thereto.
(c) The single website provided for in subsection (b) of this section shall include data for fiscal year 2003 and each fiscal year thereafter. The website shall be designed so that such data shall be retained on the single website for not less than 10 years and shall include data for the most recent fiscal years. Data that is available in the central accounting system and state payroll system shall be on the single website as soon as possible, but not later than 45 days after the last day of the preceding fiscal year. The secretary of administration shall develop policies and procedures to make data available from any other source. Nothing in this act shall require the secretary of administration to provide information on the website that is not available in the central accounting system and the state payroll system at the time of initial implementation of the website. After implementation of the initial website, the public finance transparency board shall advise the secretary of administration on incorporating additional information described by this act from any other source of information available to the secretary of administration including information submitted by state agencies pursuant to subsection (d) of this section.
(d) Any state agency shall provide, at the request of the secretary of administration, such information as is necessary to accomplish the purposes of this act.
(e) Nothing in this act shall permit or require the disclosure of information which is considered confidential by state or federal law.
History: L. 2008, ch. 112, § 6; L. 2010, ch. 160, § 9; July 1.
(a) There is hereby established the public finance transparency board for the purpose of advising and consulting with the secretary of administration on the content, format and reports to be produced on the website established in K.S.A. 74-72,123, and amendments thereto.
(b) The board shall consist of members as follows:
(1) The secretary of administration or the secretary's designee, who shall serve as chairperson of the board;
(2) the director of accounts and reports or the director's designee;
(3) two members who are chief executive officers of agencies of the executive branch or such officer's designees, appointed by the governor, who shall serve at the pleasure of the governor;
(4) four members of the general public, two appointed by the governor, one appointed by the president of the senate and one appointed by the speaker of the house;
(5) four members of the legislature, one appointed by the president of the senate, one appointed by the minority leader of the senate, one appointed by the speaker of the house, and one appointed by the minority leader of the house, all of whom shall serve at the pleasure of the appointing official;
(6) the legislative post auditor or such auditor's designee;
(7) the state archivist or such archivist's designee; and
(8) the director of legislative research or such director's designee.
(c) The board shall annually elect one member from the board as vice-chairperson and another as secretary.
(d) Eight members of the board shall constitute a quorum and the affirmative vote of eight members shall be necessary for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
(e) General public members and legislative members of the board attending meetings of the board, or attending subcommittee meetings thereof authorized by the board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(f) In order to achieve its purpose as provided in this act, the board shall:
(1) Advise the secretary of administration, after implementation of the initial website, on incorporating additional information described by this act from any other source of information available to the secretary of administration including information submitted by state agencies pursuant to subsection (d) of K.S.A. 74-72,123, and amendments thereto;
(2) serve in an advisory capacity to the secretary of administration, who shall from time to time consult with and seek the advice of the board on matters related to the further development of the website, expansion of the content of information for the website, and new reports to be generated on the website to assist the public in accessing public information;
(3) seek advice from the general public, professional associations, academic groups and institutions and individuals with knowledge of and interest in areas of public information access, gateway services, add-on services and electronic information; and
(4) meet at least twice during each fiscal year on the call of the secretary of administration who shall set the agenda for such meetings, which shall include a report on the progress in implementing and developing the website, proposed enhancements to the website in terms of content, format, policies and procedures and reports, and other matters as deemed appropriate by the secretary of administration.
(g) All state agencies shall cooperate with the board in providing such assistance as may be requested for the achievement of its purpose.
History: L. 2008, ch. 112, § 7; May 1.
The secretary of administration shall implement the provisions of this act by policies and procedures.
History: L. 2008, ch. 112, § 8; May 1.
History: L. 2008, ch. 112, § 9; Repealed, L. 2014, ch. 86, § 9; July 1.
As used in this act:
(a) "Allowance expense" means reasonable charges incurred for reasonably needed products, services and accommodations, including those for medical care, rehabilitation, rehabilitative occupational training and other remedial treatment and care and for the replacement of items of clothing or bedding which were seized for evidence. "Allowance expense" includes a total charge not in excess of $7,500 for expenses in any way related to funeral, cremation or burial; but "allowance expense" shall not include that portion of a charge for a room in a hospital, clinic, convalescent or nursing home or any other institution engaged in providing nursing care and related services, in excess of a reasonable and customary charge for semi-private accommodations, unless other accommodations are medically required. "Allowance expense" includes a total charge not in excess of $2,500 for expenses in any way related to crime scene cleanup.
(b) "Board" means the crime victims compensation board established under K.S.A. 74-7303, and amendments thereto.
(c) "Claimant" means any of the following persons claiming compensation under this act:
(1) A victim;
(2) a dependent of a deceased victim;
(3) a third person other than a collateral source; or
(4) an authorized person acting on behalf of any of them.
(d) "Collateral source" means the net financial benefit, after deduction of taxes, legal fees, costs, expenses of litigation, liens, offsets, credits or other deductions, from a source of benefits or advantages for economic loss otherwise reparable under this act which the victim or claimant has received, or which is readily available to the victim or claimant, from:
(1) The offender;
(2) the government of the United States or any agency thereof, a state or any of its political subdivisions or an instrumentality or two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under this act;
(3) social security, medicare and medicaid;
(4) state-required temporary nonoccupational disability insurance;
(5) workers' compensation;
(6) wage continuation programs of any employer;
(7) proceeds of a contract of insurance payable to the victim for loss which the victim sustained because of the criminally injurious conduct;
(8) a contract providing prepaid hospital and other health care services or benefits for disability; or
(9) damages awarded in a tort action.
(e) "Criminally injurious conduct" means conduct that: (1) (A) Occurs or is attempted in this state or occurs to a person whose domicile is in Kansas who is the victim of a violent crime which occurs in another state, possession, or territory of the United States of America may make an application for compensation if:
(i) The crimes would be compensable had it occurred in the state of Kansas; and
(ii) the places the crimes occurred are states, possessions or territories of the United States of America not having eligible crime victim compensation programs;
(B) poses a substantial threat or personal injury or death; and
(C) either is punishable by fine, imprisonment or death or would be so punishable but for the fact that the person engaging in the conduct lacked capacity to commit the crime under the laws of this state; or
(2) is an act of terrorism, as defined in 18 U.S.C. § 2331, or a violent crime that posed a substantial threat or caused personal injury or death, committed outside of the United States against a person whose domicile is in Kansas, except that criminally injurious conduct does not include any conduct resulting in injury or death sustained as a member of the United States armed forces while serving on active duty.
"Criminally injurious conduct" does not include conduct arising out of the ownership, maintenance or use of a motor vehicle, except for violations of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or violations of municipal ordinances or county resolutions prohibiting the acts prohibited by those statutes, or violations of K.S.A. 8-1602, and amendments thereto, K.S.A. 21-3404, 21-3405 or 21-3414, prior to their repeal, or K.S.A. 21-5405, 21-5406 or 21-5413(b), and amendments thereto, or when such conduct was intended to cause personal injury or death.
(f) "Dependent" means a natural person wholly or partially dependent upon the victim for care or support, and includes a child of the victim born after the victim's death.
(g) "Dependent's economic loss" means loss after decedent's death of contributions of things of economic value to the decedent's dependents, not including services they would have received from the decedent if the decedent had not suffered the fatal injury, less expenses of the dependents avoided by reason of decedent's death.
(h) "Dependent's replacement services loss" means loss reasonably incurred by dependents after decedent's death in obtaining ordinary and necessary services in lieu of those the decedent would have performed for their benefit if the decedent had not suffered the fatal injury, less expenses of the dependents avoided by reason of decedent's death and not subtracted in calculating dependent's economic loss.
(i) "Economic loss" means economic detriment consisting only of allowable expense, work loss, replacement services loss and, if injury causes death, dependent's economic loss and dependent's replacement service loss. Noneconomic detriment is not loss, but economic detriment is loss although caused by pain and suffering or physical impairment.
(j) "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment and nonpecuniary damage.
(k) "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income, but for the benefit of self or family, if such person had not been injured.
(l) "Work loss" means loss of income from work the injured person would have performed if such person had not been injured, and expenses reasonably incurred by such person in obtaining services in lieu of those the person would have performed for income, reduced by any income from substitute work actually performed by such person or by income such person would have earned in available appropriate substitute work that the person was capable of performing but unreasonably failed to undertake.
(m) "Victim" means a person who suffers personal injury or death as a result of:
(1) Criminally injurious conduct;
(2) the good faith effort of any person to prevent criminally injurious conduct;
(3) the good faith effort of any person to apprehend a person suspected of engaging in criminally injurious conduct; or
(4) witnessing a violent crime when the person was 16 years of age or younger at the time the crime was committed.
(n) "Crime scene cleanup" means removal of blood, stains, odors or other debris caused by the crime or the processing of the crime scene and may include replacement of materials that were removed because such materials were biohazardous or were damaged as part of evidence collection.
History: L. 1978, ch. 130, § 1; L. 1986, ch. 306, § 1; L. 1989, ch. 239, § 9; L. 1995, ch. 243, § 2; L. 1997, ch. 177, § 1; L. 1998, ch. 51, § 1; L. 2004, ch. 98, § 1; L. 2007, ch. 93, § 1; L. 2011, ch. 105, § 32; L. 2018, ch. 79, § 9; L. 2021, ch. 104, § 3; L. 2022, ch. 13, § 1; July 1.
(a) Within the limits of appropriations therefor, the board shall award compensation for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met.
(b) The board may adjust compensation so that the total amount of compensation granted in each fiscal year does not exceed the amount of money anticipated to be credited to the crime victim compensation fund during such year. An adjustment may include prorating or prioritizing such compensation based upon the anticipated funds.
History: L. 1978, ch. 130, § 2; L. 1985, ch. 263, § 1; L. 1989, ch. 239, § 10; L. 2004, ch. 125, § 5; July 1.
(a) There is hereby established in the executive department under the jurisdiction of the attorney general a crime victims compensation board, consisting of three members appointed by the attorney general, subject to confirmation by the senate as provided in K.S.A. 75-4315b and amendments thereto. Except as provided by K.S.A. 46-2601, no person appointed to the board shall exercise any power, duty or function as a member of the board until confirmed by the senate. No more than two members of the board shall be from the same political party. At least one member of the board shall be a person regularly admitted to practice law in this state. Except as provided by subsection (b), each member of the board shall be appointed for a term of four years and until a successor is appointed and confirmed. Upon the expiration of any term of office of any member, the attorney general shall appoint a qualified successor. In case of a vacancy on the board prior to the expiration of a term, the attorney general shall appoint a successor of like qualifications to fill the unexpired term.
(b) The terms of members who are serving on the board on the effective date of this act shall expire on March 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(c) The attorney general shall designate a member of the board who is regularly admitted to practice law in this state to serve as chairperson at the pleasure of the attorney general. Members of the board shall receive compensation, subsistence allowances, mileage and expenses as provided by K.S.A. 75-3223 and amendments thereto.
History: L. 1978, ch. 130, § 3; L. 1982, ch. 347, § 47; L. 1989, ch. 239, § 11; L. 1995, ch. 241, § 15; July 1.
In addition to the powers and duties specified elsewhere in this act, the board shall have the following powers and duties:
(a) The power to adopt by rule and regulation a description of the organization of the board, stating the general method and course of operation of the board;
(b) the power to adopt rules and regulations to carry out the provisions of this act, and the property crime restitution and compensation act, including rules for the allowance of attorney fees for representation of claimants; and to adopt rules and regulations providing for discovery proceedings, including medical examination, consistent with the provisions of this act relating thereto. Rules and regulations adopted by the board shall be statements of general applicability which implement, interpret or prescribe policy, or describe the procedure or practice requirements of the board;
(c) the duty to hear and determine all matters relating to claims for compensation, and the power to reinvestigate or reopen claims without regard to statutes of limitation or periods of prescription;
(d) the duty, if it would contribute to the function of the board, to subpoena witnesses and other prospective evidence, administer oaths or affirmations, conduct hearings and receive relevant, nonprivileged evidence; and
(e) the power to take notice of judicially recognizable facts and general, technical and scientific facts within their specialized knowledge.
History: L. 1978, ch. 130, § 4; L. 1989, ch. 239, § 12; L. 1990, ch. 321, § 16; L. 2019, ch. 62, § 10; May 30.
(a) An application for compensation shall be made in the manner and form prescribed by the crime victims compensation division created by K.S.A. 75-773, and amendments thereto.
(b) (1) Compensation may not be awarded unless an application has been filed with the division within two years of the reporting of the incident to law enforcement officials if the victim was less than 16 years of age and the injury or death is the result of any of the following crimes:
(A) Enticement of a child as defined in K.S.A. 21-3509, prior to its repeal;
(B) human trafficking as defined in K.S.A. 21-3446, prior to its repeal, or K.S.A. 21-5426(a), and amendments thereto;
(C) aggravated human trafficking as defined in K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto; or
(D) a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto.
(2) For all other incidents of criminally injurious conduct, compensation may not be awarded unless:
(A) The claim has been filed with the division within five years after the injury or death upon which the claim is based;
(B) in a case where a victim who is notified that DNA testing of a sexual assault kit or other evidence has revealed a DNA profile of a suspected offender who victimized the victim or the victim on whose behalf the claim is made, or is notified of the identification of a suspected offender who victimized the victim or the victim on whose behalf the claim is made, the claim has been filed with the division within two years of such notification;
(C) the board finds that compensation may be awarded to:
(i) A victim as defined in K.S.A. 74-7301(m)(4), and amendments thereto, if the claim has been filed before the victim turns 19 years of age;
(ii) a victim of a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto, if:
(a) The claim has been filed with the division within 10 years after the date such crime was committed; or
(b) the victim was less than 18 years of age at the time such crime was committed, and the claim has been filed within 10 years after the date the victim turns 18 years of age; or
(iii) a victim who is or will be required to testify in a sexually violent predator commitment pursuant to article 29a of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, of an offender who victimized the victim or the victim on whose behalf the claim is made, if the claim has been filed with the division within two years of such testimony; or
(D) the board determines that denying compensation would be a severe injustice to the victim.
(3) If more than one of the time limitations described in subsection (b)(1) or (b)(2) apply to a victim, the longest time limitation to file a claim shall apply to the victim.
(c) Compensation may not be awarded to a claimant who was the offender or an accomplice of the offender and may not be awarded to another person if the award would unjustly benefit the offender or accomplice.
(d) (1) Compensation otherwise payable to a claimant shall be reduced or denied to the extent, if any, that the:
(A) Economic loss upon which the claimant's claim is based is recouped from other persons, including collateral sources;
(B) board deems reasonable because of the contributory misconduct of the claimant or of a victim through whom the claimant claims; or
(C) board deems reasonable, because the victim was likely engaging in, or attempting to engage in, unlawful activity at the time of the crime upon which the claim for compensation is based.
(2) The provisions of subsection (d)(1)(C) shall not be construed to reduce or deny compensation to a victim of domestic abuse or sexual assault.
(e) Compensation may be awarded only if the board finds that unless the claimant is awarded compensation the claimant will suffer financial stress as the result of economic loss otherwise reparable. A claimant suffers financial stress only if the claimant cannot maintain the claimant's customary level of health, safety and education for self and dependents without undue financial hardship. In making its determination of financial stress, the board shall consider the totality of the circumstances based on the following factors:
(1) The number of the claimant's dependents;
(2) the usual living expenses of the claimant and the claimant's family;
(3) the special needs of the claimant and the claimant's dependents;
(4) the claimant's income and potential earning capacity;
(5) the claimant's resources; and
(6) other factors deemed appropriate by the board.
(f) Compensation may not be awarded unless:
(1) The criminally injurious conduct resulting in injury or death was reported to a law enforcement officer within 72 hours after the occurrence of the criminally injurious conduct;
(2) the victim obtained a forensic medical examination within seven days after the occurrence of the criminally injurious conduct; or
(3) the board finds there was good cause for the failure to report or obtain an examination within the time limits provided in this subsection.
(g) The board, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, may deny, withdraw or reduce an award of compensation.
(h) Compensation for work loss, replacement services loss, dependent's economic loss and dependent's replacement service loss may not exceed $800 per week or actual loss, whichever is less. Compensation for work loss for a victim of human trafficking or aggravated human trafficking as defined in K.S.A. 21-5426, and amendments thereto, shall be awarded in an amount not less than $350 per week and not more than $800 per week.
(i) Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed $25,000 in the aggregate.
(j) Nothing in subsections (d)(1)(B), (d)(1)(C), (f) and (g) shall be construed to reduce or deny compensation to a victim of human trafficking or aggravated human trafficking as defined in K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child as defined in K.S.A. 21-6422, and amendments thereto, who was 18 years of age or younger at the time the crime was committed and is otherwise qualified for compensation.
History: L. 1978, ch. 130, § 5; L. 1982, ch. 329, § 1; L. 1989, ch. 239, § 13; L. 1990, ch. 321, § 1; L. 1991, ch. 90, § 5; L. 1993, ch. 166, § 1; L. 1995, ch. 243, § 3; L. 1998, ch. 51, § 2; L. 2004, ch. 98, § 2; L. 2006, ch. 92, § 1; L. 2011, ch. 30, § 256; L. 2015, ch. 94, § 24; L. 2017, ch. 66, § 14; L. 2017, ch. 100, § 12; L. 2019, ch. 62, § 11; L. 2021, ch. 104, § 4; L. 2022, ch. 13, § 2; L. 2024, ch. 34, § 1; July 1.
History: L. 1978, ch. 130, § 6; L. 1989, ch. 239, § 14; Repealed, L. 2019, ch. 62, § 15; May 30.
Claims for reparations shall be processed in accordance with the provisions of the Kansas administrative procedure act. Unless otherwise precluded by law, informal disposition may be made of a claim by stipulation, agreed settlement or consent order. A claim not so disposed of is a contested case. In a contested case, all parties shall be afforded an opportunity for hearing.
History: L. 1978, ch. 130, § 7; L. 1988, ch. 356, § 295; July 1, 1989.
(a) There shall be no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical, mental or emotional conditions of the claimant or victim in a proceeding under this act in which such condition is an element.
(b) If the mental, physical or emotional condition of a victim or claimant is material to a claim, the board may order the victim or claimant to submit to a mental or physical examination by a physician or psychologist, and may order an autopsy of a deceased victim. The order may be made for good cause shown upon notice to the person to be examined and to all persons who have appeared. The order shall specify the time, place, manner, conditions and scope of the examination or autopsy and the person by whom it is to be made; and the order shall require the person to file with the board a detailed written report of the examination or autopsy. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognosis and other conclusions and reports of earlier examinations of the same conditions.
(c) On request of the person examined, the board shall furnish a copy of the report to such person. If the victim is deceased, the board, on request, shall furnish to the claimant a copy of the report.
(d) The board may require the claimant to supplement the application with any reasonably available medical or psychological reports relating to the injury for which compensation is claimed.
(e) All records and information given to the board and the crime victims compensation division created by K.S.A. 75-773, and amendments thereto, to process a claim on behalf of a crime victim shall be confidential. Such exhibits, medical records, psychological records, counseling records, work records, criminal investigation records, criminal court case records, witness statements, telephone records and other records of any type or nature whatsoever gathered for the purpose of evaluating whether to compensate a victim shall not be obtainable by any party to any action, civil or criminal, through any discovery process except:
(1) In the event of an appeal under the Kansas administrative procedure act from a decision of the board and then only to the extent narrowly and necessarily to obtain court review;
(2) upon a strict showing to the court in a separate civil or criminal action that particular information or documents are not obtainable after diligent effort from any independent source, and are known to exist otherwise only in board records, the court may inspect in camera such records to determine whether the specific requested information exists. If the court determines the specific information sought exists in the board records, the documents may then be released only by court order if the court finds as part of its order that the documents will not pose any threat to the safety of the victim or any other person whose identity may appear in board records; or
(3) by any board order granting or denying compensation to a crime victim.
History: L. 1978, ch. 130, § 8; L. 1989, ch. 239, § 15; L. 1993, ch. 166, § 2; L. 2019, ch. 62, § 12; May 30.
If a person refuses to comply with an order under this act or asserts a privilege other than one arising from the attorney-client relationship to withhold or suppress evidence relevant to a claim, the board may make any just order, including denial of the claim, but may not find the person in contempt. If necessary to carry out any of its powers and duties, the board may petition the district court for an appropriate order, but the court may not find a person in contempt for refusal to submit to a medical or physical examination.
History: L. 1978, ch. 130, § 9; July 1.
An award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction or certiorari is pending, or a rehearing or new trial has been ordered. The board may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent, but may make a tentative award under K.S.A. 74-7314.
History: L. 1978, ch. 130, § 10; July 1.
As part of any order, the board shall determine and award a reasonable attorney's fee, commensurate with services rendered, to be paid by the state to the attorney representing the claimant. Additional attorneys' fees may be awarded by a court in the event of review, and attorneys' fees may be denied on a finding that the claim or appeal is frivolous. Awards of attorneys' fees shall be in addition to awards of compensation and may be made whether or not compensation is awarded. It shall be unlawful for an attorney to contract for or receive any larger sum than the amount allowed pursuant to this section.
History: L. 1978, ch. 130, § 11; L. 1989, ch. 239, § 16; July 1.
(a) If compensation is awarded, the state shall be subrogated to all the claimant's rights to receive or recover benefits or advantages for economic loss for which, and only to the extent that, compensation is awarded, from a source which is or, if readily available to the victim or claimant would be, a collateral source.
(b) As a prerequisite to bringing an action to recover damages related to criminally injurious conduct upon which compensation is claimed or awarded, the claimant must give the board prior written notice of the proposed action. After receiving the notice, the board shall promptly: (1) Join in the action as a party plaintiff to recover compensation awarded; (2) require the claimant to bring the action in the claimant's individual name, as a trustee in behalf of the state, to recover compensation awarded; or (3) reserve its rights and do neither in the proposed action. If, as requested by the board, the action is brought by the claimant as trustee and the claimant recovers compensation awarded by the board, the claimant may deduct from the compensation recovered in behalf of the state the reasonable expenses, including attorney fees, allocable by the court for that recovery.
(c) If a judgment or verdict indicates separately economic loss and noneconomic detriment, payments on the judgment shall be allocated between them in proportion to the amounts indicated. In an action in a court of this state arising out of criminally injurious conduct, the judge, on timely motion, shall direct the jury to return a special verdict, indicating separately the award for noneconomic detriment, punitive damages, if any, and the award for economic loss.
(d) Any moneys received or recovered by or on behalf of the state pursuant to the provisions of this section, less any deductions allowable hereunder, shall be deposited in the state treasury and credited to the crime victims compensation fund.
History: L. 1978, ch. 130, § 12; L. 1986, ch. 307, § 1; L. 1989, ch. 239, § 17; July 1.
(a) The board may provide for the payment of an award in a lump sum or in installments. The portion of an award that equals the amount of economic loss accrued to the date when the award is made shall be paid in a lump sum. An award for allowable expense that would accrue after the date when the award is made shall not be paid in a lump sum. Except as otherwise provided in subsection (b), the portion of an award that is not to be paid in a lump sum shall be paid in installments.
(b) At the request of the claimant, the board may pay future economic loss, other than allowable expense, in a lump sum, but only upon a finding by the board that either:
(1) The award in a lump sum will promote the interests of the claimant; or
(2) the present value of all future economic loss, other than allowable expense, does not exceed $1,000.
(c) An award payable in installments for future economic loss may be made only for a period for which the board can reasonably determine future economic loss. An award payable in installments for future economic loss may be modified by the board upon its finding that a material and substantial change of circumstances has occurred.
(d) An award shall not be subject to execution, attachment, garnishment or other process, except that an award for allowable expense shall not be exempt from a claim of a creditor to the extent that the creditor has provided products, services or accommodations the costs of which are included in the award.
(e) An assignment or agreement to assign any right to compensation for loss accruing in the future is unenforceable, except (1) an assignment of any right to compensation for work loss to secure payment of maintenance or child support; or (2) an assignment of any right to compensation for allowable expense to the extent that the benefits are for the cost of products, services or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
History: L. 1978, ch. 130, § 13; L. 1982, ch. 152, § 27; L. 1989, ch. 239, § 18; July 1.
If the board determines that the claimant will suffer financial hardship unless a tentative award is made, and it appears likely that a final award will be made, an amount may be paid to the claimant and shall be deducted from the final award, or shall be repaid by and recoverable from the claimant to the extent that it exceeds the final award.
History: L. 1978, ch. 130, § 14; July 1.
(a) The board, on its own motion or on request of the claimant, may reconsider a decision making or denying an award or determining its amount. The board shall reconsider, at least annually, every award upon which periodic payments are being made. An order on reconsideration of an award shall not require a refund of amounts previously paid, unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a board decision for the purpose of judicial review.
(b) A final decision of the board shall be subject to judicial review on the filing of a petition by the claimant, the attorney general or the offender in accordance with the Kansas judicial review act.
History: L. 1978, ch. 130, § 15; L. 1986, ch. 318, § 135; L. 2010, ch. 17, § 190; July 1.
The board shall prepare and transmit annually to the governor and the legislature a report of its activities. Such report shall include a statistical summary of claims and awards made and denied.
History: L. 1978, ch. 130, § 16; L. 1989, ch. 239, § 19; L. 1995, ch. 243, § 4; July 1.
(a) There is hereby established in the state treasury the crime victims compensation fund.
(b) Moneys in the crime victims compensation fund shall be used only for the payment of compensation pursuant to K.S.A. 74-7301 et seq., and amendments thereto, and for state operations of the board and the crime victims compensation division of the office of the attorney general created pursuant to K.S.A. 75-773, and amendments thereto. Payments from the fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the board and the attorney general or by a person or persons designated by the chairperson and the attorney general.
(c) The crime victims compensation board may apply for, receive and accept money from any source, including financial contributions from inmates as provided by K.S.A. 75-5211(b), and amendments thereto, for the purposes for which money in the crime victims compensation fund may be expended. Upon receipt of any such money, the chairperson of the board shall remit the entire amount to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the crime victims compensation fund.
History: L. 1978, ch. 130, § 17; L. 1982, ch. 167, § 1; L. 1986, ch. 308, § 1; L. 1986, ch. 307, § 2; L. 1989, ch. 239, § 20; L. 2001, ch. 5, § 336; L. 2019, ch. 62, § 13; May 30.
This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among those states which enact it.
History: L. 1978, ch. 130, § 19; July 1.
(a) Any individual, partnership, corporation or association which contracts with any person accused or convicted of the commission of a crime in this state, or with a representative or assignee of such a person, to use the crime committed or alleged to have been committed by such person or the expression of such person's thoughts, feelings, opinions or emotions regarding the crime in any book, magazine or other publication or in any movie, radio, television presentation or live entertainment shall pay to the crime victims compensation board all moneys which would otherwise by the terms of the contract be owed to the person who committed or is alleged to have committed the crime, or such person's representatives or assignees, provided, such book, magazine or other publication, movie, radio or television presentation or live entertainment of any kind deals principally with the crime for which the person is accused and convicted. If any person is accused and convicted of the commission of two or more crimes, the crimes shall, for purposes of determining whether such publication, presentation or entertainment deals principally with the crime for which the person is accused and convicted, be combined and considered as one crime.
(b) Upon receipt of such funds pursuant to subsection (a), the crime victims compensation board immediately shall notify the victim of the crime, as defined in K.S.A. 74-7301, and amendments thereto, of such receipt. Within six months of such notification, the victim may file a claim with the board for disbursement of such moneys. If proper application is made and the victim can provide the board evidence of a money judgment within two years of such notification of the victim by the board, and such judgment is against the person accused or convicted of committing such crime, the board shall pay such amount, plus accrued interest at the rate imposed on civil money judgments, to the victim. Such amount shall not exceed the lesser of the amount of the judgment or the amount of the funds received by the board.
(c) In the event at the time of the notification provided in subsection (b), the applicable civil statute of limitations on filing a civil action against such person accused of or convicted of the crime shall have run, the victim shall have six months from such notification to file a notice of claim as provided in subsection (b) and a civil action against the person accused or convicted of the crime.
(d) For purposes of this section and a civil action for money damages filed hereunder, the limitations imposed on money damages in K.S.A. 60-1903, K.S.A. 1992 Supp. 60-19a01 and subsection (e) of K.S.A. 1992 Supp. 60-3701, and amendments thereto, shall not apply.
History: L. 1986, ch. 306, § 2; L. 1989, ch. 239, § 21; L. 1992, ch. 244, § 1; May 21.
Upon the receipt of any moneys pursuant to K.S.A. 74-7319, and amendments thereto, the crime victims compensation board shall deposit the entire amount in a separate escrow account to be used only as follows:
(a) Upon dismissal of charges against the accused person or upon acquittal of the accused person, the board shall promptly pay the entire amount to such person, or such person's representatives or assignees.
(b) Upon conviction of the accused person or if the accused person has already been convicted, the board shall promptly distribute the entire amount and any future moneys paid to the board under K.S.A. 74-7319, and amendments thereto, as follows:
(1) First, to pay any restitution ordered by the court or by the prisoner review board to be paid by the convicted person to the person directed by the court or prisoner review board;
(2) if any moneys remain after payment pursuant to subsection (b)(1), to repay any amount expended by the state board of indigents' defense services on behalf of the convicted person in defending prosecution for the crime, including appeals;
(3) if any moneys remain after payment pursuant to subsections (b)(1) and (2), to pay any court costs assessed against the convicted person in proceedings for prosecution for the crime, including appellate proceedings;
(4) if any moneys remain after payment pursuant to subsections (b)(1), (2) and (3), to pay compensation pursuant to K.S.A. 74-7321, and amendments thereto; and
(5) if any moneys remain after payment pursuant to subsections (b)(1), (2), (3) and (4), to pay crime victims compensation pursuant to K.S.A. 74-7301 through 74-7318, and amendments thereto, for which purpose such moneys shall be deposited in the state treasury and credited to the state general fund.
History: L. 1986, ch. 306, § 3; L. 1987, ch. 313, § 1; L. 1989, ch. 239, § 22; L. 2012, ch. 16, § 28; July 1.
(a) When moneys are to be distributed pursuant to subsection (b) of K.S.A. 74-7320, and amendments thereto, the victim of the crime, and the victim's dependents, heirs, representatives or assignees, may apply to the crime victims compensation board for compensation for losses arising from the convicted person's crime. To the extent that moneys received by the board pursuant to K.S.A. 74-7319, and amendments thereto, are sufficient, such compensation shall be in an amount equal to the applicant's actual loss, as determined by the board, less any restitution paid pursuant to order of a court or order of the prisoner review board and any compensation paid by the crime victims compensation board pursuant to K.S.A. 74-7301 et seq., and amendments thereto. If moneys received by the board pursuant to K.S.A. 74-7319, and amendments thereto, are not sufficient to pay compensation as otherwise provided under this subsection (a), such moneys shall be prorated among all applicants eligible to receive compensation for losses arising from the convicted person's crime on the basis that the amount each applicant is entitled to receive under this subsection (a) bears to the total amount all such applicants would be entitled to receive under this subsection (a).
(b) The limitations provided by K.S.A. 74-7301 et seq., and amendments thereto, shall not apply to compensation paid pursuant to this section.
(c) The crime victims compensation board shall adopt such rules and regulations as necessary to administer the provisions of K.S.A. 74-7319, 74-7320 and 74-7321, and amendments thereto.
History: L. 1986, ch. 306, § 4; L. 1987, ch. 313, § 2; L. 1989, ch. 239, § 23; L. 2012, ch. 16, § 29; July 1.
(a) There is hereby created in the state treasury the protection from abuse fund. All moneys credited to the fund shall be used solely for the purpose of making grants to programs providing: (1) Temporary emergency shelter for adult victims of domestic abuse or sexual assault and their dependent children; (2) counseling and assistance to those victims and their children; or (3) educational services directed at reducing the incidence of domestic abuse or sexual assault and diminishing its impact on the victims. All moneys credited to the fund shall be used only for on-going operating expenses of domestic violence programs. All moneys credited to the fund pursuant to any increase in docket fees as provided by this act as described in K.S.A. 60-2001, and amendments thereto, shall not be awarded to programs until July 1, 2003, and shall be used for ongoing operating expenses of domestic violence or sexual assault programs.
(b) All expenditures from the protection from abuse fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.
(c) The attorney general may apply for, receive and accept moneys from any source for the purposes for which moneys in the protection from abuse fund may be expended. Upon receipt of any such moneys, the attorney general shall remit the entire amount to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the protection from abuse fund.
(d) Grants made to programs pursuant to this section shall be based on the numbers of persons served by the program and shall be made only to the city of Wichita or to agencies which are engaged, as their primary function, in programs aimed at preventing domestic violence or sexual assault or providing residential services or facilities to family or household members who are victims of domestic violence or sexual assault. In order for programs to qualify for funding under this section, they must:
(1) Meet the requirements of section 501(c) of the internal revenue code of 1986;
(2) be registered and in good standing as a nonprofit corporation;
(3) meet normally accepted standards for nonprofit organizations;
(4) have trustees who represent the racial, ethnic and socioeconomic diversity of the county or counties served;
(5) have received 50% or more of their funds from sources other than funds distributed through the fund, which other sources may be public or private and may include contributions of goods or services, including materials, commodities, transportation, office space or other types of facilities or personal services;
(6) demonstrate ability to successfully administer programs;
(7) make available an independent certified audit of the previous year's financial records;
(8) have obtained appropriate licensing or certification, or both;
(9) serve a significant number of residents of the county or counties served;
(10) not unnecessarily duplicate services already adequately provided to county residents; and
(11) agree to comply with reporting requirements of the attorney general.
The attorney general may adopt rules and regulations establishing additional standards for eligibility and accountability for grants made pursuant to this section.
(e) As used in this section:
(1) "Domestic abuse" means abuse as defined by the protection from abuse act, K.S.A.
60-3101 et seq., and amendments thereto.
(2) "Sexual assault" means acts defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6421, and amendments thereto.
(f) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the protection from abuse fund interest earnings based on:
(1) The average daily balance of moneys in the protection from abuse fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 1984, ch. 135, § 4; L. 1989, ch. 239, § 24; L. 1994, ch. 335, § 9; L. 1995, ch. 243, § 5; L. 1996, ch. 234, § 19; L. 1998, ch. 123, § 3; L. 2001, ch. 5, § 337; L. 2002, ch. 51, § 3; L. 2011, ch. 30, § 257; Revived and amended, L. 2016, ch. 78, § 7; July 1.
(a) On July 1, 1989, the crime victims reparations board shall be and is hereby officially designated as the crime victims compensation board.
(b) On and after July 1, 1989, whenever the crime victims reparations board, or words of like effect, is referred to or designated by a statute, contract or other document, such reference shall mean and apply to the crime victims compensation board.
(c) Nothing in this act shall be construed as abolishing the crime victims reparations board or as reestablishing the same.
History: L. 1989, ch. 239, § 26; July 1.
(a) On July 1, 1989, the director of accounts and reports shall transfer all moneys in the crime victims reparations fund to the crime victims compensation fund. On July 1, 1989, all liabilities of the crime victims reparations fund are hereby imposed upon the crime victims compensation fund, and the crime victims reparations fund is hereby abolished.
(b) Whenever the crime victims reparations fund, or words of like effect, is referred to or designated by statute, contract or other document, such reference or designation shall mean and apply to the crime victims compensation fund.
History: L. 1989, ch. 239, § 27; July 1.
(a) In order to ensure the fair and compassionate treatment of victims of crime and to increase the effectiveness of the criminal justice system by affording victims of crime certain basic rights and considerations, victims of crime shall have the following rights:
(1) Victims should be treated with courtesy, compassion and with respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement with the criminal justice system.
(2) Victims should receive, through formal and informal procedures, prompt and fair redress for the harm which they have suffered.
(3) Information regarding the availability of criminal restitution, recovery of damages in a civil cause of action, the crime victims compensation fund and other remedies and the mechanisms to obtain such remedies should be made available to victims.
(4) Information should be made available to victims about their participation in criminal proceedings and the scheduling, progress and ultimate disposition of the proceedings.
(5) The views and concerns of victims should be ascertained and the appropriate assistance provided throughout the criminal process.
(6) When the personal interests of victims are affected, the views or concerns of the victim should, when appropriate and consistent with criminal law and procedure, be brought to the attention of the court.
(7) Measures may be taken when necessary to provide for the safety of victims and their families and to protect them from intimidation and retaliation.
(8) Enhanced training should be made available to sensitize criminal justice personnel to the needs and concerns of victims and guidelines should be developed for this purpose.
(9) Victims should be informed of the availability of health and social services and other relevant assistance that they might continue to receive the necessary medical, psychological and social assistance through existing programs and services.
(10) Victims should report the crime and cooperate with law enforcement authorities.
(b) As used in this act, "victim" means any person who suffers direct or threatened physical, emotional or financial harm as the result of the commission or attempted commission of a crime against such person.
(c) As used in this act and as used in article 15 of section 15 of the Kansas constitution, the term "crime" shall not include violations of ordinances of cities except for violations of ordinances of cities which prohibit acts or omissions which are prohibited by articles 33, 34, 35 and 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or articles 53, 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-6421, and amendments thereto, and as provided in subsection (d).
(d) The governing body of any city which has established a municipal court shall adopt policies which afford the rights granted to victims of crime pursuant to this act and pursuant to article 15 of section 15 of the Kansas constitution to victims of ordinance violations specified in such policies.
(e) Nothing in this act shall be construed as creating a cause of action on behalf of any person against the state, a county, a municipality or any of their agencies, instrumentalities or employees responsible for the enforcement of rights as provided in this act.
(f) This section shall be known and may be cited as the bill of rights for victims of crime act.
History: L. 1989, ch. 239, § 28; L. 1993, ch. 246, § 1; L. 2011, ch. 30, § 258; July 1.
(a) There is hereby created in the state treasury the crime victims assistance fund. All moneys credited to the fund pursuant to K.S.A. 12-4117, 19-101e and 19-4707, and amendments thereto, shall be used solely for the purpose of making grants for on-going operating expenses of programs, including court-appointed special advocate programs, providing: (1) Temporary emergency shelter for victims of child abuse and neglect; (2) counseling and assistance to those victims; or (3) educational services directed at reducing the incidence of child abuse and neglect and diminishing its impact on the victim. The remainder of moneys credited to the fund shall be used for the purpose of supporting the operation of state agency programs which provide services to the victims of crime and making grants to existing programs or to establish and maintain new programs providing services to the victims of crime.
(b) All expenditures from the crime victims assistance fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.
(c) The attorney general may apply for, receive and accept moneys from any source for the purposes for which moneys in the crime victims assistance fund may be expended. Upon receipt of any such moneys, the attorney general shall remit the entire amount to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the crime victims assistance fund.
(d) Grants made to programs with funds derived from K.S.A.
12-4117,
19-101e and
19-4707, and amendments thereto, shall be based on the numbers of persons served by the program and shall be made only to programs aimed at preventing child abuse and neglect or providing residential services or facilities to victims of child abuse or neglect. In order for programs to qualify for funding under this section, they must:
(1) Meet the requirements of section 501(c) of the internal revenue code of 1986;
(2) be registered and in good standing as a nonprofit corporation;
(3) meet normally accepted standards for nonprofit organizations;
(4) have trustees who represent the racial, ethnic and socioeconomic diversity of the county or counties served;
(5) have received 50% or more of their funds from sources other than funds distributed through the fund, which other sources may be public or private and may include contributions of goods or services, including materials, commodities, transportation, office space or other types of facilities or personal services;
(6) demonstrate ability to successfully administer programs;
(7) make available an independent certified audit of the previous year's financial records;
(8) have obtained appropriate licensing or certification, or both;
(9) serve a significant number of residents of the county or counties served;
(10) not unnecessarily duplicate services already adequately provided to county residents; and
(11) agree to comply with reporting requirements of the attorney general.
The attorney general may adopt rules and regulations establishing additional standards for eligibility and accountability for grants made pursuant to this section.
(e) All moneys credited to the fund pursuant to K.S.A. 23-2510, and amendments thereto, shall be set aside to use as matching funds for meeting any federal requirement for the purpose of establishing child exchange and visitation centers as provided in K.S.A. 75-720, and amendments thereto. If no federal funds are made available to the state for the purpose of establishing such child exchange and visitation centers, then such moneys may be used as otherwise provided in this section. Only those moneys credited to the fund pursuant to K.S.A. 23-2510, and amendments thereto, may be used for such matching funds. No state general fund moneys shall be used for such matching funds.
History: L. 1989, ch. 239, § 29; L. 1994, ch. 335, § 10; L. 1995, ch. 243, § 6; L. 1996, ch. 188, § 4; L. 2001, ch. 5, § 338; L. 2012, ch. 162, § 87; Revived and amended, L. 2016, ch. 78, § 8; July 1.
(a) The victim of a crime or the victim's family shall be notified of the right to be present at any public hearing or any juvenile offender proceeding concerning the accused or the convicted person or the respondent or the juvenile offender.
(b) The victim of a crime or the victim's family shall be notified of the right to be present at any proceeding or hearing where probation or parole is considered or granted by a judge whether or not a public hearing is conducted or required.
(c) As used in this section: (1) "Public hearing" means any court proceeding or administrative hearing which is open to the public and shall include but not be limited to the:
(A) Preliminary hearing;
(B) trial;
(C) sentencing;
(D) sentencing modification;
(E) public comment sessions, pursuant to K.S.A. 22-3717, and amendments thereto;
(F) expungement hearing; and
(G) granting of probation or parole by a judge.
(2) "Victim's family" means a spouse, surviving spouse, children, parents, legal guardian, siblings, stepparent or grandparents.
(3) "Juvenile offender proceedings" means any hearing concerning a juvenile pursuant to the revised Kansas juvenile justice code.
(d) The city, county or district attorney or municipal court clerk shall notify any victim of the crime who is alive and whose address is known to the city, county or district attorney or municipal court clerk or, if the victim is deceased, to the victim's family if the family's address is known to such attorney or clerk.
(e) Costs of transportation for the victim to appear shall be borne by the victim unless the appearance is required pursuant to a subpoena or other order of the court.
History: L. 1989, ch. 239, § 30; L. 1993, ch. 246, § 2; L. 1995, ch. 243, § 7; L. 1996, ch. 229, § 125; L. 2006, ch. 169, § 121; January 1, 2007.
(a) Of the remittances of fines, penalties and forfeitures received from clerks of the district court, at least monthly, the state treasurer shall credit:
(1) 10.7% to the crime victims compensation fund;
(2) 2.19% to the crime victims assistance fund;
(3) 2.69% to the community alcoholism and intoxication programs fund;
(4) 7.48% to the Kansas department for aging and disability services alcohol and drug abuse treatment fund;
(5) 0.16% to the boating fee fund;
(6) 0.11% to the children's advocacy center fund;
(7) 2.23% to the EMS revolving fund;
(8) 2.23% to the trauma fund;
(9) 2.23% to the traffic records enhancement fund;
(10) 4.31% to the criminal justice information system line fund;
(11) 2.2% to the seat belt safety fund; and
(12) the remainder of the remittances to the state general fund.
(b) The county treasurer shall deposit grant moneys as provided in subsection (a), from the crime victims assistance fund, to the credit of a special fund created for use by the county or district attorney in establishing and maintaining programs to aid witnesses and victims of crime.
History: L. 1989, ch. 239, § 31; L. 1995, ch. 243, § 8; L. 2001, ch. 200, § 18; L. 2001, ch. 211, § 17; L. 2004, ch. 125, § 6; L. 2006, ch. 85, § 17; L. 2007, ch. 140, § 17; L. 2007, ch. 195, § 40; L. 2010, ch. 145, § 2; L. 2015, ch. 59, § 1; L. 2017, ch. 74, § 8; L. 2025, ch. 32, § 2; July 1.
The attorney general shall appoint a victims rights coordinator. It shall be the duty of the victims rights coordinator to:
(a) Create, coordinate and assist in the operation of local victim-witness programs throughout the state;
(b) respond to a statewide victims rights telephone hotline;
(c) administer the Kansas crime victims assistance fund; and
(d) report to the legislature on or before February 1, 1996, regarding the use of moneys received from docket fees and credited to the crime victims assistance fund and the protection from abuse fund and recommendations for further assistance for programs receiving grants from such funds.
History: L. 1989, ch. 239, § 32; L. 1994, ch. 335, § 11; July 1.
(a) Notwithstanding the provisions of K.S.A. 74-7335 and amendments thereto, in the case of any inmate convicted of an off-grid felony or a class A felony, the secretary of corrections shall give written notice of the time and place of the public comment session pursuant to K.S.A. 22-3717 and amendments thereto for such inmate, at least one month preceding the public comment session, to any victim or the victim's family pursuant to subsection (b).
(b) Any victim, or a member of the victim's family of a crime, if such victim requests notice of the public comment session, shall give the secretary of corrections such victim's name and current address or the name and current address of the victim's family. It shall be the duty of the victim or the victim's family to provide the secretary with any change in name or address or change in the person to be notified pursuant to this section.
(c) The secretary of corrections shall keep a record of all victims and their current addresses or such victims' family and their current addresses, who give the secretary such victim or victims' family name pursuant to subsection (b), and shall update such record as notified by the victims or the victims' family. Such record shall be kept confidential and separate from all other records and shall not be available to the inmate or any other party other than the victim or the victim's family.
History: L. 1991, ch. 94, § 2; L. 2002, ch. 163, § 7; July 1.
History: L. 1973, ch. 339, § 51; L. 1974, ch. 348, § 97; L. 1974, ch. 403, § 11; L. 1974, ch. 404, § 1; L. 1975, ch. 416, § 23; L. 1978, ch. 370, § 1; L. 1981, ch. 316, § 1; Repealed, L. 1992, ch. 192, § 17; July 1.
History: L. 1978, ch. 370, § 2; L. 1992, ch. 192, § 15; Repealed, L. 2012, ch. 148, § 4; July 1.
History: L. 1973, ch. 339, § 52; L. 1974, ch. 402, § 2; L. 1976, ch. 399, § 1; L. 1978, ch. 370, § 3; L. 1978, ch. 330, § 41; L. 1987, ch. 314, § 1; L. 1988, ch. 310, § 1; L. 1992, ch. 192, § 16; Repealed, L. 2012, ch. 148, § 4; July 1.
History: L. 1983, ch. 247, § 1; L. 1988, ch. 310, § 2; Repealed, L. 2012, ch. 148, § 4; July 1.
History: L. 1983, ch. 171, § 14; Repealed, L. 1984, ch. 187, § 17; February 9.
History: L. 1984, ch. 187, § 14; Repealed, L. 2010, ch. 112, § 6; July 1.
History: L. 1983, ch. 247, § 2; Repealed, L. 2012, ch. 148, § 4; July 1.
History: L. 1983, ch. 247, § 3; Repealed, L. 2012, ch. 148, § 4; July 1.
(a) There is hereby created a behavioral sciences regulatory board consisting of 12 members appointed by the governor. The membership of the board shall be as follows: Two members of the board shall be licensed psychologists; two members of the board shall be licensed to engage in the practice of social work; one member of the board shall be a professional counselor; one member of the board shall be a marriage and family therapist; one member of the board shall be a licensed master's level psychologist or a licensed clinical psychotherapist; one member of the board shall be a licensed addiction counselor, a licensed master's addiction counselor or a licensed clinical addiction counselor; and four members of the board shall be from and represent the general public. Each member of the board shall be a citizen of the United States and a resident of this state.
(b) The term of office of each member of the board shall be four years. No member of the board shall be appointed for more than two successive terms. Upon the expiration of a member's term of office, the governor shall appoint a qualified successor. Each member shall serve until a successor is appointed and qualified. Whenever a vacancy occurs in the membership of the board prior to the expiration of a term of office, the governor shall appoint a qualified successor to fill the unexpired term. The governor may remove any member of the board for misconduct, incompetency or neglect of duty.
(c) The board shall organize annually at its first meeting subsequent to June 30 and shall select from its members a chairperson and a vice chairperson. Other meetings shall be held as the board designates. A majority of members appointed to the board shall constitute a quorum for the transaction of business.
(d) The board may appoint an executive director who shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary set by the board, subject to approval by the governor. The board may employ clerical personnel and other assistants, all of whom shall be in the unclassified service under the Kansas civil service act. The board may make and enter into contracts of employment with such professional personnel as necessary, in the board's judgment, for the performance of its duties and functions and the execution of its powers.
(e) Members of the behavioral sciences regulatory board attending meetings of the board, or attending a subcommittee meeting thereof authorized by the board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: L. 1980, ch. 242, § 1; L. 1981, ch. 299, § 61; L. 1982, ch. 347, § 48; L. 1986, ch. 299, § 41; L. 1988, ch. 304, § 3; L. 1990, ch. 286, § 7; L. 1992, ch. 116, § 39; L. 1996, ch. 153, § 42; L. 2010, ch. 45, § 16; L. 2023, ch. 90, § 40; July 1.
(a) On July 1, 1980, the following boards are hereby abolished:
(1) The state board of examiners of psychologists created by K.S.A. 1979 Supp. 74-5303; and
(2) the board of social work examiners created by K.S.A. 1979 Supp. 75-5349.
(b) All of the powers, duties and functions of the boards designated in subsection (a) and all of the powers, duties and functions of the secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, are hereby transferred to and conferred and imposed upon the behavioral sciences regulatory board.
(c) The behavioral sciences regulatory board shall be the successor in every way to the powers, duties and functions of the boards designated in subsection (a) and to the powers, duties and functions of the secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, in which the same were vested prior to the effective date of this act, except as otherwise provided by this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the behavioral sciences regulatory board shall be deemed to have the same force and effect as if performed by the boards designated in subsection (a) or by the secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, in which the same were vested prior to the effective date of this act.
(d) Whenever the boards designated in subsection (a), or words of like effect, and the secretary of social and rehabilitation services in regard to the powers, duties and functions of the secretary under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the behavioral sciences regulatory board.
(e) All rules and regulations of the boards designated in subsection (a) and rules and regulations of the secretary of social and rehabilitation services adopted under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the behavioral sciences regulatory board, until revised, amended, revoked or nullified pursuant to law. The board shall review such rules and regulations and shall adopt new rules and regulations, if necessary, pursuant to K.S.A. 77-415 et seq., and amendments thereto.
(f) The behavioral sciences regulatory board shall be a continuation of the boards designated in subsection (a).
History: L. 1980, ch. 242, § 2; July 1.
(a) On July 1, 1980, officers and employees who were engaged prior to such date in the performance of powers, duties and functions of the boards designated in subsection (a) of K.S.A. 74-7502 or in assisting the secretary of social and rehabilitation services to carry out the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, and who, in the opinion of the behavioral sciences regulatory board are necessary to perform the powers, duties and functions of the behavioral sciences regulatory board shall become officers and employees of the behavioral sciences regulatory board and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1980, and their service shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service shall be in accordance with civil service laws and rules and regulations.
(b) All books, records and other property of the boards designated in subsection (a) of K.S.A. 74-7502 and of the department of social and rehabilitation services maintained in the course of administering the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, are hereby transferred to the behavioral sciences regulatory board on the effective date of this act.
(c) Whenever any conflict arises as to the proper disposition of any property or records as a result of any abolishment or transfer made under this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1980, ch. 242, § 3; July 1.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any board designated in subsection (a) of K.S.A. 74-7502 or under the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the taking effect of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the behavioral sciences regulatory board.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1980, ch. 242, § 4; July 1.
The psychologists fee fund, established by K.S.A. 1979 Supp. 74-5346, and the social work examiners fee fund, established by K.S.A. 1979 Supp. 75-5359, are hereby abolished. On the effective date of this act the director of accounts and reports shall transfer all moneys in such funds to the behavioral sciences regulatory board fee fund established by this act. On the effective date of this act, all liabilities of the psychologists fee fund, established by K.S.A. 1979 Supp. 74-5346, and the social work examiners fee fund, established by K.S.A. 1979 Supp. 75-5359, existing immediately prior to the effective date of this act are hereby transferred to and imposed on the behavioral sciences regulatory board fee fund.
History: L. 1980, ch. 242, § 5; July 1.
The behavioral sciences regulatory board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the behavioral sciences regulatory board fee fund, which is hereby established. All expenditures from the behavioral sciences regulatory board fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the behavioral sciences regulatory board or by a person or persons designated by the chairperson.
History: L. 1980, ch. 242, § 6; L. 2001, ch. 5, § 339; L. 2011, ch. 53, § 53; July 1.
(a) The behavioral sciences regulatory board shall have the following powers, duties and functions:
(1) Recommend to the appropriate district or county attorneys prosecution for violations of this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act;
(2) compile and publish annually a list of the names and addresses of all persons who are licensed under this act, are licensed under the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act;
(3) prescribe the form and contents of examinations required under this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act;
(4) enter into contracts necessary to administer this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act;
(5) adopt an official seal;
(6) adopt and enforce rules and regulations for professional conduct of persons licensed under the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act;
(7) adopt and enforce rules and regulations establishing requirements for the continuing education of persons licensed under the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act;
(8) adopt rules and regulations establishing classes of social work specialties which will be recognized for licensure under K.S.A.
65-6301 to
65-6318, inclusive, and amendments thereto;
(9) adopt rules and regulations establishing procedures for examination of candidates for licensure under the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act, the addiction counselor licensure act and for issuance of such certificates and such licenses;
(10) adopt rules and regulations as may be necessary for the administration of this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act and the addiction counselor licensure act and to carry out the purposes thereof;
(11) appoint an executive director and other employees as provided in K.S.A.
74-7501, and amendments thereto; and
(12) exercise such other powers and perform such other functions and duties as may be prescribed by law.
(b) If an order of the behavioral sciences regulatory board is adverse to a licensee or registrant of the board, the actual costs shall be charged to such person as in ordinary civil actions in the district court. The board shall pay any additional costs and, if the board is the unsuccessful party, the costs shall be paid by the board. Witness fees and costs may be taxed in accordance with statutes governing taxation of witness fees and costs in the district court.
History: L. 1980, ch. 242, § 7; L. 1986, ch. 299, § 42; L. 1987, ch. 315, § 17; L. 1991, ch. 114, § 15; L. 1992, ch. 184, § 7; L. 1996, ch. 153, § 43; L. 2004, ch. 16, § 5; L. 2010, ch. 45, § 15; L. 2016, ch. 92, § 79; July 1.
(a) In connection with any investigation, based upon a written complaint or other reasonably reliable written information, by the behavioral sciences regulatory board, the board or its duly authorized agents or employees shall at all reasonable times have access to, for the purpose of examination, and the right to copy any document, report, record or other physical evidence of any person being investigated, or any document, report, record or other evidence maintained by and in possession of any clinic or office of a practitioner of the behavioral sciences, or other public or private agency if such document, report, record or other physical evidence relates to practices which may be grounds for disciplinary action.
(b) In all matters pending before the behavioral sciences regulatory board, the board shall have the power to administer oaths and take testimony. For the purpose of all investigations and proceedings conducted by the behavioral sciences regulatory board:
(1) The board may issue subpoenas compelling the attendance and testimony of witnesses or the production for examination or copying of documents, reports, records or any other physical evidence if such documents, reports, records or other physical evidence relates to practices which may be grounds for disciplinary action. Within five days after the service of the subpoena on any person requiring the production of any documents, reports, records or other physical evidence in the person's possession or under the person's control, such person may petition the board to revoke, limit or modify the subpoena. The board shall revoke, limit or modify such subpoena if in its opinion the documents, reports, records or other physical evidence required does not relate to practices which may be grounds for disciplinary action, is not relevant to the allegation which is the subject matter of the proceeding or investigation, or does not describe with sufficient particularity the documents, reports, records or other physical evidence which is required to be produced. Any member of the board, or any agent designated by the board, may administer oaths or affirmations, examine witnesses and receive such documents, reports, records or other physical evidence.
(2) The district court, upon application by the board or by the person subpoenaed, shall have jurisdiction to issue an order:
(A) Requiring such person to appear before the board or the board's duly authorized agent to produce documents, reports, records or other physical evidence relating to the matter under investigation; or
(B) revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to practices which may be grounds for disciplinary action, is not relevant to the allegation which is the subject matter of the hearing or investigation or does not describe with sufficient particularity the documents, reports, records or other physical evidence which is required to be produced.
(3) (A) If the board determines that an individual has practiced without a valid license a profession regulated by the board for which the practitioners of the profession are required by law to be licensed in order to practice the profession, in addition to any other penalties imposed by law, the board, in accordance with the Kansas administrative procedure act, may issue a cease and desist order against such individual.
(B) Whenever in the judgment of the behavioral sciences regulatory board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of K.S.A.
65-6301 to
65-6320, inclusive, and amendments thereto,
74-5361 to
74-5374, inclusive, and K.S.A. 74-5375, and amendments thereto, the licensure of psychologists act, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act, or any valid rule or regulation of the board, the board may make application to any court of competent jurisdiction for an order enjoining such acts or practices, and upon a showing by the board that such person has engaged, or is about to engage in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court without bond.
(c) Any complaint or report, record or other information relating to a complaint which is received, obtained or maintained by the behavioral sciences regulatory board shall be confidential and shall not be disclosed by the board or its employees in a manner which identifies or enables identification of the person who is the subject or source of the information except the information may be disclosed:
(1) In any proceeding conducted by the board under the law or in an appeal of an order of the board entered in a proceeding, or to any party to a proceeding or appeal or the party's attorney;
(2) to the person who is the subject of the information or to any person or entity when requested by the person who is the subject of the information, but the board may require disclosure in such a manner that will prevent identification of any other person who is the subject or source of the information; or
(3) to a state or federal licensing, regulatory or enforcement agency with jurisdiction over the subject of the information or to an agency with jurisdiction over acts or conduct similar to acts or conduct which would constitute grounds for action under this act. Any confidential complaint or report, record or other information disclosed by the board as authorized by this section shall not be redisclosed by the receiving agency except as otherwise authorized by law.
(d) Nothing in this section or any other provision of law making communications between a practitioner of one of the behavioral sciences and the practitioner's client or patient a privileged or confidential communication shall apply to investigations or proceedings conducted pursuant to this section. The behavioral sciences regulatory board and its employees, agents and representatives shall keep in confidence the content and the names of any clients or patients whose records are reviewed during the course of investigations and proceedings pursuant to this section.
(e) In all matters pending before the behavioral sciences regulatory board, the board shall have the power to revoke the license or registration of any licensee or registrant who voluntarily surrenders such person's license or registration pending investigation of misconduct or while charges of misconduct against the licensee are pending or anticipated.
(f) In all matters pending before the behavioral sciences regulatory board, the board shall have the option to censure the licensee or registrant in lieu of other disciplinary action.
History: L. 1980, ch. 242, § 8; L. 2001, ch. 154, § 1; L. 2004, ch. 16, § 6; L. 2016, ch. 92, § 80; July 1.
All licenses issued prior to the effective date of this act under K.S.A. 75-5340 to 75-5361, inclusive, and amendments thereto, shall continue in force and effect until the expiration thereof as provided immediately prior to the effective date of this act under the provisions of the act under which such license was issued. All certificates issued prior to the effective date of this act under the certification of psychologists act of the state of Kansas shall continue in force and effect until the expiration thereof as provided immediately prior to the effective date of this act under the provisions of the act under which such certificates were issued.
History: L. 1980, ch. 242, § 26; July 1.
(a) No person reporting to the behavioral sciences regulatory board in good faith and without malice any information such person may have relating to alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against, a person licensed or registered by the board shall be subject to a civil action for damages as a result of reporting such information.
(b) Any state, regional or local association composed of persons licensed or registered to practice in a field governed by the behavioral sciences regulatory board and the individual members of any committee thereof, which in good faith and without malice investigates or communicates information pertaining to fitness or character of, or disciplinary action taken against, any licensee, registrant or certificate holder to the behavioral sciences regulatory board or to any committee or agent thereof, shall be immune from liability in any civil action that is based upon such investigation or transmittal or information if the investigation and communication was made in good faith and without malice and did not represent as true any matter not reasonably believed to be true.
History: L. 1989, ch. 276, § 6; July 1.
(a) As part of an original application for or reinstatement of any license, registration, permit or certificate or in connection with any investigation of any holder of a license, registration, permit or certificate, the behavioral sciences regulatory board may require a person to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(b) The behavioral sciences regulatory board may fix and collect a fee as may be required by the board in an amount equal to the cost of fingerprinting and the criminal history record check. Any moneys collected under this subsection shall be deposited in the state treasury and credited to the behavioral sciences regulatory board fee fund. The behavioral sciences regulatory board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the behavioral sciences regulatory board fee fund.
(c) As used in this section, "licensee" means a person who has submitted an original application for or an application for reinstatement of any license, registration, permit or certificate or a person who currently holds a license, registration, permit or certificate issued by the behavioral sciences regulatory board.
History: L. 2016, ch. 92, § 34; L. 2024, ch. 15, § 72; July 1.
(a) Within 15 business days after receipt of an application for any license, registration, permit or certificate issued by the behavioral sciences regulatory board, the board shall notify the applicant whether the board believes that the application is complete. If the application is determined to be incomplete, the board shall notify the applicant of the information needed in order to complete the application. Once the application is determined to be complete, the board shall complete the review of the application and issue a decision thereon within 30 business days.
(b) (1) The behavioral sciences regulatory board shall adopt rules and regulations to establish an expedited application process for any license, registration, permit or certificate issued by the board. Upon request on the application to expedite the processing of such application and payment of the fee, the board shall complete the review of the application and issue a decision thereon within 15 business days.
(2) (A) The board shall set the fee for an expedited application process by adopting rules and regulations. Such fee shall be in addition to any other fee established for the application but shall not exceed $100. The board shall not charge such fee for an expedited application process to any applicant who is a military servicemember or military spouse.
(B) As used in this paragraph:
(i) "Military servicemember" means a current member of the army, navy, marine corps, air force, coast guard, space force, air or army national guard of any state or any branch of the military reserves of the United States or a former member who separated from service by honorable discharge or general discharge under honorable conditions.
(ii) "Military spouse" means the spouse of an individual who is a current member of the army, navy, marine corps, air force, coast guard, space force, air or army national guard of any state or any branch of the military reserves of the United States.
History: L. 2023, ch. 90, § 2; July 1.
History: L. 1980, ch. 289, §§ 6 to 10; Expired, December 31, 1982.
History: L. 1984, ch. 280, § 1; Repealed, L. 1988, ch. 301, § 33; July 1.
(a) The coordinating council on early childhood developmental services shall consist of not less than 16 nor more than 25 members as follows:
(1) A representative of the governor;
(2) the secretary for children and families or a representative of the secretary selected by the secretary;
(3) the secretary of health and environment or a representative of the secretary selected by the secretary;
(4) a member of the state board of education selected by the chairperson of the state board of education or, at the discretion of the chairperson of the state board, the commissioner of education;
(5) a representative of the board of regents selected by the chairperson of the board of regents;
(6) the commissioner of insurance or a representative of the commissioner selected by the commissioner;
(7) two members of the state legislature selected by the legislative coordinating council so that one is a member of the senate and one is a member of the house of representatives and such members are not members of the same political party; and
(8) not less than eight members nor more than 17 members appointed by the governor which members shall be selected to ensure that the requirements of 20 U.S.C. § 1482, and amendments thereto, are met.
(b) The members appointed by the governor under subsection (a)(8) shall serve for a term of four years. Members are eligible for reappointment.
(c) Any vacancy occurring in the appointive membership of the council shall be filled in the same manner and from the same class as the original appointment.
(d) A chairperson shall be designated annually by the governor. A vice-chairperson shall be designated by the chairperson to serve in the absence of the chairperson.
(e) Final decisions of the council shall be by majority vote of the members.
(f) The council shall meet at least quarterly.
History: L. 1986, ch. 281, § 1; L. 1989, ch. 240, § 1; L. 1994, ch. 279, § 29; L. 2014, ch. 115, § 310; July 1.
The coordinating council on early childhood developmental services established by this act shall:
(a) Solicit information and opinions from concerned agencies, groups and individuals on proposed policies and recommendations for the delivery of health, education and social services for young children from birth through age five with or at risk for disabling conditions and for their families;
(b) establish appropriate committees to perform tasks, gather information and explore issues as directed by the council;
(c) determine the work activities of a staff person to the coordinating council on early childhood developmental services;
(d) disseminate information about the activities of the council and its actions to local, private and public service providers, parents, advocacy organizations, state agency personnel and other interested parties;
(e) develop and implement a state plan for young children from birth through age five with or at risk for disabling conditions and for their families;
(f) recommend policies, procedures and legislation for effectively providing health, education and social services;
(g) develop interagency agreements to promote a comprehensive service delivery system for young children with, or at risk for, disabling conditions and for their families;
(h) advise and assist the lead agency, as defined in K.S.A. 75-5648 and amendments thereto, in implementing the federal individuals with disabilities education act, Part H at both state and local levels; and
(i) submit annual reports to the governor.
History: L. 1986, ch. 281, § 2; L. 1992, ch. 126, § 3; L. 1994, ch. 279, § 30; July 1.
(a) The members of the coordinating council who are appointed by the governor under subsection (a)(8) of K.S.A. 74-7801 and amendments thereto shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties in amounts provided for in subsection (e) of K.S.A. 75-3223, and amendments thereto. Amounts provided to be paid under this subsection shall be paid, subject to appropriations acts, from federal funds made available to the state for early childhood services for persons with disabilities.
(b) The coordinating council may appoint one staff person who shall be in the unclassified service under the Kansas civil service act and who shall receive compensation fixed by the coordinating council and approved by the governor. Such compensation shall be paid, subject to appropriations acts, from federal funds made available to the state for early childhood services for persons with disabilities. The staff person shall be assigned to the chairperson.
History: L. 1986, ch. 281, § 3; L. 1989, ch. 240, § 2; L. 1994, ch. 279, § 31; July 1.
There is hereby created a Kansas wildlife arts council which shall be composed of five members. One member shall be a member of the Kansas wildlife and parks commission appointed by such commission, one member shall be a member of the Kansas creative arts industries commission appointed by such commission, one member shall be the director of the Fort Hays state university Sternberg museum, and two members shall be from the public at large appointed by the president of Fort Hays state university. The director of the Fort Hays state university Sternberg museum shall be chairperson of the council, and personnel of the Fort Hays state university Sternberg museum shall provide such staff and clerical services as the council may require.
History: L. 1986, ch. 280, § 1; L. 1989, ch. 118, § 185; L. 1992, ch. 96, § 1; L. 2012, ch. 111, § 8; L. 2013, ch. 133, § 26; L. 2023, ch. 7, § 125; July 1.
History: L. 1986, ch. 280, § 1; L. 1989, ch. 118, § 185; L. 1992, ch. 96, § 1; L. 2012, ch. 47, § 107; Repealed, L. 2013, ch. 133, § 37; July 1.
It shall be the duty of the council to establish a Kansas wildlife art series. For this purpose the council annually shall invite artists to submit paintings featuring Kansas wildlife, of a design and subject to be specified by the council, to the council for selection of the current year's Kansas wildlife series artwork. An artist may submit only one painting for consideration each year and may be commissioned not more often than once in each three years.
The council shall adopt specifications for the design, subject matter, size and such other details regarding the painting as may be necessary to carry out the purposes of this act. The council shall fix a schedule of dates for the submission, consideration and the selection of each year's artwork.
History: L. 1986, ch. 280, § 2; L. 1992, ch. 96, § 2; July 1.
The artist commissioned may be paid for the artwork provided and shall agree to sign such number of prints as determined by the director of the Fort Hays state university Sternberg museum. Such artwork shall become the property of Fort Hays state university. Artwork not selected shall be returned to the artist.
History: L. 1986, ch. 280, § 3; L. 1992, ch. 96, § 3; July 1.
Fort Hays state university shall provide for the printing of prints and stamps from each painting in amounts determined by the director of the Fort Hays state university Sternberg museum. Such prints shall be numbered consecutively. Such prints and stamps shall be sold for the amounts determined by the director of the Fort Hays state university Sternberg museum.
History: L. 1986, ch. 280, § 4; L. 1987, ch. 316, § 1; L. 1992, ch. 96, § 4; July 1.
All moneys received from the sale of prints and stamps shall be credited to the wildlife art fund which is hereby established and used only for the payment of expenses incurred by the council and the Fort Hays state university museums in promoting the state of Kansas. All expenditures from the wildlife art fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of Fort Hays state university or by a person or persons approved by such president.
History: L. 1986, ch. 280, § 5; L. 1992, ch. 96, § 5; July 1.
History: L. 1986, ch. 298, § 2; L. 1993, ch. 136, § 9; L. 1995, ch. 241, § 16; L. 1996, ch. 88, § 7; L. 2003, ch. 154, § 68; Repealed, L. 2012, ch. 65, § 34; July 1.
Kansas, Inc., its board, the office of chief executive officer, and the president of Kansas, Inc., along with their powers, duties, and functions, as created pursuant to K.S.A. 74-8001 et seq., and amendments thereto, are hereby abolished.
History: Executive Reorganization Order No. 37, § 1; L. 2011, ch. 133, § 1; July 1.
History: L. 1986, ch. 298, § 1; L. 1990, ch. 283, § 1; L. 1993, ch. 136, § 10; L. 1996, ch. 88, § 8; L. 2003, ch. 154, § 69; Repealed, L. 2012, ch. 65, § 34; July 1.
History: L. 1986, ch. 298, § 3; L. 1996, ch. 88, § 1; Repealed, L. 2012, ch. 65, § 34; July 1.
(a) In order to achieve its purpose as provided in this act, the secretary of commerce shall:
(1) Serve in an advisory capacity to the governor, the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives.
(2) Assume central responsibility to develop, with the guidance of both the private and public sectors, all facets of a comprehensive long term economic development strategy.
(3) Coordinate the strategy development with all other state and local agencies and offices and state educational institutions which do research work, develop materials and programs, gather statistics, or which perform functions related to economic development; and such state and local agencies and offices and state educational institutions shall advise and cooperate with the secretary of commerce in the planning and accomplishment of the strategy.
(4) Evaluate and analyze the state's economy to guide the direction of future public and private actions, and report and make recommendations to the governor, the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives with respect to the state's economy. The report to the committee on commerce of the senate and the committee on commerce, labor and economic development of the house of representatives under this subsection shall be made by the secretary of commerce, either: (A) By publishing such report on the internet and by notifying each member of the committees that the report is available and providing, as part of such notice, the uniform resource locator (URL) at which such report is available; or (B) by submitting copies of such report on CD-ROM or other electronically readable media to such committees.
(5) Oversee and evaluate the state's economic development activities on an ongoing basis through the establishment of goals, priorities and performance standards and the periodic program audit of those goals, priorities and performance standards.
(6) Oversee the implementation of the state's economic development plan and monitor updates of that plan.
(7) Provide appropriate oversight to ensure the successful implementation of Kansas venture capital, inc.
(8) Oversee the targeting of scarce state resources by size and sector of economic activity and by geographic location within the state in order to enhance the state's potential comparative economic advantages.
(9) Review and evaluate the annual report of Kansas venture capital, inc. The secretary of commerce shall transmit recommendations concerning the Kansas venture capital, inc. activities to the governor and the legislature no later than September 1 of each year.
(10) Evaluate and report on the effectiveness of the activities of the Kansas bioscience authority as provided in K.S.A. 74-99b09, and amendments thereto.
(b) The secretary of commerce shall seek advice from the general public and from professional associations, academic groups and institutions and individuals with knowledge of and interest in areas of economic development and planning.
(c) All interested state agencies shall cooperate with the secretary of commerce in providing information and other assistance as may be requested for the performance of its duties with respect to the state's economic development plan.
History: L. 1986, ch. 298, § 4; L. 1990, ch. 283, § 2; L. 1993, ch. 136, § 11; L. 1996, ch. 88, § 9; L. 2002, ch. 151, § 7; L. 2003, ch. 154, § 70; L. 2004, ch. 112, § 53; L. 2012, ch. 65, § 10; L. 2013, ch. 134, § 13; July 1.
History: L. 1986, ch. 298, § 5; L. 1987, ch. 317, § 7; L. 1993, ch. 136, § 12; L. 1995, ch. 255, § 3; L. 1996, ch. 88, § 10; L. 2003, ch. 154, § 71; Repealed, L. 2012, ch. 65, § 34; July 1.
The secretary of commerce shall publish an annual report for the governor, legislature, citizens and media of Kansas. The report shall include:
(a) An analysis of the current state of and emerging trends in the Kansas economy over the next decade.
(b) An evaluation of the effectiveness of state economic development policies and programs in meeting the goals of the state economic plan by size of enterprise, sector of economic activity and location within Kansas, and in comparison with other states.
(c) A listing in order of priority of recommendations for initiatives that will further the effective implementation of the state economic development plan.
(d) A synopsis of the activities of the secretary of commerce during the previous fiscal year.
(e) The report shall be transmitted annually to the governor and the legislature on October 1.
History: L. 1986, ch. 298, § 6; L. 1996, ch. 88, § 2; L. 2003, ch. 154, § 72; L. 2012, ch. 65, § 11; July 1.
History: L. 1986, ch. 298, § 7; L. 1996, ch. 88, § 3; L. 2003, ch. 154, § 73; Repealed, L. 2012, ch. 65, § 34; July 1.
History: L. 1986, ch. 298, § 8; Repealed, L. 1996, ch. 88, § 11; July 1.
History: L. 1986, ch. 298, § 9; L. 1988, ch. 311, § 1; Repealed, L. 1990, ch. 283, § 6; July 1.
(a) The state shall provide an annual appropriation to fund research and evaluation activities conducted at the request of the executive or legislative branches. Private funds shall be raised to support the economic development research and education programs and related activities.
(b) The secretary of commerce is authorized to enter into contracts with, and to receive donations, contributions and grants from individuals, corporations, private foundations and other governmental and non-governmental entities for the purpose of fulfilling its mission and duties. The secretary of commerce may also receive in-kind contributions in the form of personnel, services, equipment or other items of value.
(c) The secretary of commerce shall provide a monthly report on the expenditure of private funds to the division of accounts and reports. An annual financial report shall be made to the president of the senate and the speaker of the house of representatives which itemizes and accounts for the receipt and expenditure of all non-state funds and contributions received.
History: L. 1990, ch. 283, § 3; L. 1996, ch. 88, § 4; L. 2012, ch. 65, § 12; July 1.
(a) The secretary of commerce shall review and evaluate the effectiveness of economic development programs and activities within the state, including, but not by way of limitation, the major programs and activities of the department of commerce, the statewide risk capital system, the venture capital tax credit, and the research and development activities tax credit. The effectiveness of the research and development activities tax credit shall be measured by the extent to which the tax credit encourages innovation and development of new value-added products and processes which will lead to the commercialization of new products and processes by primary job creating Kansas businesses.
(b) The secretary of commerce shall periodically conduct a review and evaluation of economic development programs and activities. The review and evaluation should include:
(1) A performance analysis of the extent to which the purposes of the acts providing for the programs and activities have been achieved; and
(2) the economic and fiscal impact of the programs and activities on the state's economy and jobs created.
(c) Based on the findings of its review and evaluation, the secretary of commerce will recommend to the legislature the continuation in effect, modification, or repeal of the acts providing for the programs and activities.
History: L. 1986, ch. 298, § 10; L. 1996, ch. 88, § 5; L. 2003, ch. 154, § 74; L. 2012, ch. 65, § 13; July 1.
History: L. 1986, ch. 298, § 11; L. 1990, ch. 283, § 5; L. 1996, ch. 88, § 6; Repealed, L. 2012, ch. 65, § 34; July 1.
History: L. 1987, ch. 317, § 2; L. 1995, ch. 255, § 4; Repealed, L. 2012, ch. 65, § 34; July 1.
(a) All state appropriations to or grants of state appropriations to the secretary of commerce shall remain in the state treasury until expended or transferred to other state agencies by the secretary of commerce.
(b) Except as provided in subsection (a), all moneys received by the secretary of commerce from gifts, donations, grants or any other source outside the state treasury may be placed in the state treasury or may be maintained in interest-bearing accounts in Kansas banks or Kansas savings and loan associations until expended or otherwise disposed of by the secretary of commerce.
History: L. 1987, ch. 317, § 3; L. 2012, ch. 65, § 14; July 1.
History: L. 1987, ch. 317, § 1; Repealed, L. 2012, ch. 65, § 34; July 1.
(a) As used in this section "state agency" means any state office or officer, department, board, commission, institution, bureau or any agency, division or unit within any office, department, board, commission or other state authority or any person requesting a state appropriation.
(b) On October 1, 1990, and annually thereafter, state agencies making community and economic development grants or loans shall submit to the secretary of commerce in a form prescribed by the secretary of commerce reports detailing community and economic development grants or loans made by such state agencies. Such reports shall include the identity of the recipient of such loans or grants. The secretary of commerce shall provide annually, to the governor and the legislature, a compilation of such reports.
History: L. 1990, ch. 294, § 1; L. 2012, ch. 65, § 15; July 1.
Subject to appropriations, the secretary of commerce shall develop, adapt or adopt a uniform cost-benefit model for purposes of statewide data collection and for evaluating industrial revenue bond and economic development property tax exemptions. The model shall be made available to all cities and counties free of charge.
History: L. 1994, ch. 70, § 1; L. 2012, ch. 65, § 16; July 1.
History: L. 1994, ch. 188, § 1; L. 2001, ch. 164, § 1; L. 2002, ch. 99, § 1; L. 2003, ch. 153, § 2; L. 2004, ch. 180, § 12; Repealed, L. 2005, ch. 110, § 10; July 1.
History: L. 1994, ch. 188, § 1; L. 2001, ch. 164, § 1; L. 2002, ch. 99, § 1; L. 2003, ch. 97, § 7; Repealed, L. 2004, ch. 180, § 18; July 1.
History: L. 1986, ch. 284, § 4; L. 1991, ch. 245, § 1; L. 1992, ch. 221, § 1; L. 1993, ch. 136, § 13; L. 1995, ch. 241, § 17; L. 2000, ch. 157, § 1; L. 2003, ch. 154, § 75; L. 2004, ch. 101, § 130; Repealed, L. 2011, ch. 104, § 47; July 1.
History: L. 1986, ch. 284, § 1; L. 1992, ch. 221, § 2; L. 2011, ch. 104, § 16; Repealed, L. 2012, ch. 65, § 34; July 1.
As used in this act, unless the context clearly requires otherwise:
(a) "Applied research" means those research activities occurring at educational institutions and in private enterprises, which have potential commercial application;
(b) "basic research" means research that has long range generic value to an industry classification or group of companies. Basic research is distinguished from applied research which has more short range present value to a single company or project;
(c) "board" means the Kansas technology enterprise advisory board;
(d) "department" means the department of commerce;
(e) "educational institutions" means public and private community colleges, colleges and universities in the state;
(f) "enterprise" means a firm with its principal place of business in Kansas which is engaged or proposes to be engaged in this state in agricultural, natural resource-based or other manufacturing, research and development, or the provision of technology-based services;
(g) "new technology" means the development through science or research of methods, processes and procedures, including but not limited to those involving the utilization of agricultural products and by-products and oil and gas and other mineral resources for practical application in industrial and service situations;
(h) "person" means any individual, partnership, corporation or joint venture carrying on business or proposing to carry on business within the state;
(i) "product" means any product, device, technique or process, which is or may be developed or marketed commercially; however, "product" does not refer to basic research but shall apply to such products, devices, techniques or processes which have advanced beyond the theoretical stage and are in a prototype or practice stage;
(j) "qualified security" means any public or private financial arrangement, involving any note, security, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate or subscription, transferable security, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or application therefor, or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a "security" or any certificate for, receipt for, guarantee of, or option, warrant or right to subscribe to or purchase any of the foregoing to the extent allowed by law;
(k) "secretary" means the secretary of commerce; and
(l) "seed capital" means financing that is provided for the development, refinement and commercialization of a product, process or innovation, whether for the startup of a new firm, the expansion or the restructuring of a small firm.
History: L. 1986, ch. 284, § 2; L. 1988, ch. 297, § 15; L. 1991, ch. 272, § 14; L. 1992, ch. 221, § 3; L. 2011, ch. 104, § 17; July 1.
(a) The secretary shall have all the powers necessary to achieve the purposes, specified in K.S.A. 74-8102, and amendments thereto, including the power to:
(1) Adopt rules and regulations as deemed necessary for the implementation of K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto;
(2) make contracts and execute all instruments necessary or convenient for carrying out the powers and duties under K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto;
(3) acquire, own, hold, dispose of and encumber real or personal property of any nature, both tangible and intangible, or any interest therein;
(4) enter into agreements or other transactions with any federal, state, county or municipal agency and with any individual, corporation, enterprise, association or any other entity involving applied research and technology;
(5) acquire real property or an interest therein, by purchase or foreclosure, where such acquisition is necessary or appropriate to protect or secure any investment or loan in which the department has an interest;
(6) sell, transfer and convey any such property to a buyer, and in the event such sale, transfer or conveyance cannot be effected with reasonable promptness or at a reasonable price, to lease such property to a tenant;
(7) invest any funds appropriated by the state and held in reserve in funds not required for immediate disbursement, in such investments that may be lawful for fiduciaries in this state, and invest funds received from gifts, grants, donations and other operations of the department in such investments as would be lawful for a private corporation having purposes similar to the department;
(8) borrow money and give guarantees, provided that the indebtedness and other obligations of the department shall be payable solely out of its own funds, and shall not constitute a pledge of the full faith and credit of the state or any of its revenues;
(9) appoint officers, consultants, agents and advisors, and prescribe their duties and compensation;
(10) appear in its own behalf before boards, commissions, departments or other agencies of municipal, county or state government or federal government;
(11) procure insurance against any losses in connection with its properties in such amounts from such insurers as may be necessary or desirable;
(12) consent, subject to the provisions of any contract with note-holders, whenever it considers it necessary or desirable in the fulfillment of the purposes of K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, to the modifications, with respect to the rate of interest, time payment or of any installment, of principal and interest or any terms of any contract or agreement of any kind to which the corporation is a party;
(13) accept any and all donations, grants, bequests and devises, conditional and otherwise, of money, property, services or other things of value which may be received from the United States or any agency thereof, any governmental agency, or any institution, person, firm or corporation, public or private, to be held, used or applied for any or all of the purposes specified in K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, in accordance with the terms and conditions of any such grant;
(14) trade, buy or sell qualified securities, including without limitation, the powers to guarantee, purchase, take, receive, subscribe for or otherwise acquire, to own, hold, use or otherwise employ; to sell, lease, exchange, transfer or otherwise dispose of; to mortgage, lend, pledge or otherwise deal in and with, qualified securities issued by any other domestic or foreign corporation, partnership, association, limited liability company, or business trust, whether or not such issuer was organized or caused to be organized by the secretary. The secretary, while owner of any such qualified securities, may exercise all of the rights, powers and privileges of ownership, including without limitation the right to vote;
(15) finance, conduct or cooperate in the financing or conducting of scientific, technological, business, financial or other investigations which are related to or likely to lead to business and economic development, involving natural resources, innovation, applied research and new technology, by making and entering into contracts or other appropriate arrangements, including the provisions of grants, loans and other forms of assistance;
(16) solicit, study and assist in the preparation of business plans and proposals of new or established resource and technologically oriented enterprises of special importance to the Kansas economy;
(17) prepare, publish and distribute such technological studies, reports, bulletins and other materials as it considers appropriate, subject only to the maintenance and responsibility for confidentiality of the client proprietary information, and encourage educational institutions to develop and disseminate similar materials;
(18) organize, conduct, sponsor or cooperate with, and assist both the private sector and educational institutions in the conduct of, special institutes, conferences, demonstrations and studies relating to the stimulation and formulation of innovation, applied science and technologically oriented enterprises and studies relating to the formulation of resource and technologically oriented enterprises and industry endeavors;
(19) provide and pay for such advisory services and technical assistance that may be necessary or desirable to carry out the purposes of K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto;
(20) own, possess and take license in, patents, copyrights and proprietary processes and negotiate and enter into contracts and establish charges for the use of such patents, copyrights and proprietary processes when such patents and licenses for innovation or inventions result from research sponsored by the department in a private enterprise or when the department finances a product developed by a private enterprise;
(21) negotiate royalty payments to the department on patents and licenses for innovations or inventions arising in the course of research sponsored by the department at educational institutions under the jurisdiction of the Kansas board of regents; such negotiated royalty arrangements should reflect an appropriate sharing of legal risk as well as financial return between the department and educational institution; such patents and licenses shall be in keeping with the patent policies of the Kansas board of regents;
(22) exercise any other powers necessary for the operation and functioning of the department within the purposes of K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto;
(23) participate with any state agency or educational institution in developing specific programs and goals to assist in the development of industrial innovation, applied research and new technology of special importance to the Kansas economy, and monitor performance;
(24) provide resource-based, scientific and technological data and information required by the governor, the legislature, or its committees, and to state agencies, educational institutions and cities, counties and school districts and to private citizens and groups, within the limitations of the resources available to the department. This service shall be in addition to any services currently provided by any educational institution, committee or other organization in the state; and
(25) dispose of any direct or indirect stock or other equity or investment asset transferred to the department pursuant to this act except that such disposition shall be made in the best interests of the state of Kansas and solely at the discretion of the secretary and shall not be required otherwise.
(b) Documents and other materials submitted to the department by Kansas businesses shall not be public records if such records are trade secrets under the uniform trade secrets act (K.S.A. 60-3320 et seq., and amendments thereto) or are determined by the department to be business secrets, and shall be maintained in a secured environment by the secretary.
History: L. 1986, ch. 284, § 3; L. 1992, ch. 221, § 4; L. 2005, ch. 67, § 11; L. 2011, ch. 104, § 18; July 1.
History: L. 1986, ch. 284, § 5; L. 1987, ch. 317, § 8; L. 1993, ch. 136, § 14; L. 1995, ch. 255, § 5; L. 1996, ch. 236, § 1; Repealed, L. 2011, ch. 104, § 47; July 1.
(a) The purpose of this section is to authorize the establishment of three types of centers of excellence at educational institutions: Centers of excellence for basic research, centers of excellence for applied research and development, and centers of excellence for technology transfer.
(b) Centers of excellence for basic research will primarily undertake ongoing basic research with a particular focus that will have long-run potential for commercial development. The centers should build on institutional strengths and be in areas of research where the educational institution has achieved or has true promise of attaining a standard of excellence as recognized by national and international peers.
(1) The Kansas technology enterprise basic research fund is hereby created to which shall be credited any state funds specifically so designated. The fund is not to be used for applied research, technology transfer, technical assistance or training except as it is incidental to the basic research intended to be benefited by this section.
(2) The department of commerce may use the Kansas technology enterprise basic research fund to carry out the purposes of K.S.A. 74-8102, and amendments thereto, by awarding funds to establish new centers of excellence for basic research or to increase funding to such already established centers of excellence so long as those centers are determined to be primarily carrying out basic research and to meet the standards of excellence required by this section and K.S.A. 74-8102, and amendments thereto. Awards of funds shall be made on a competitive basis, and all proposals for new centers of excellence shall be subject to external peer review on the basis of scientific merit which meet national standards of excellence and subsequent potential for commercial application.
(c) Centers of excellence for applied research and development will primarily undertake applied research and development with a particular focus that will have long-run potential for commercial development. The centers should build on institutional strengths and be in areas of research where the educational institution has achieved or has true promise of attaining a standard of excellence in applied research and development.
(1) The Kansas technology enterprise applied research and development fund is hereby created to which shall be credited any state funds specifically so designated. The fund is not to be used for basic research, technology transfer, technical assistance or training except as it is incidental to the applied research and development intended to be benefited by this section.
(2) The department of commerce may use the Kansas technology enterprise applied research and development fund to carry out the purposes of this act by awarding funds to establish new centers of excellence for applied research and development or to increase funding to such already established centers of excellence so long as those centers are determined to be carrying out primarily applied research and development, and to be meeting the standards of excellence required by this act. Awards of funds shall be made on a competitive basis, and all proposals for new centers of excellence shall be subject to external peer review on the basis of scientific merit which meets national standards of excellence and subsequent potential for commercial application.
(d) Centers of excellence for technology transfer will primarily undertake ongoing transfer of technology from educational institutions to Kansas business.
(1) The Kansas technology enterprise technology transfer fund is hereby created to which shall be credited any state funds specifically so designated. The fund is not to be used for basic research, applied research and development, technical assistance or training except as it is incidental to the technology transfer intended to be benefited by this section.
(2) The department of commerce may use the Kansas technology enterprise technology transfer fund to carry out the purposes of K.S.A. 74-8102, and amendments thereto, by awarding funds to establish new centers of technology transfer or to increase funding to such already established centers of excellence so long as those centers are determined to be carrying out primarily technology transfer.
(3) Awards of funds shall be made on a competitive basis and all proposals for new centers of excellence shall be subject to external peer review on the basis of merit which meets national standards of excellence and potential for increasing the competitiveness of Kansas business.
(e) The department of commerce shall award funding to centers of excellence in accordance with subsections (g) and (h).
(f) In carrying out its functions under this section, the board of regents is directed to create a centers of excellence committee to assist in evaluating the establishment of new centers of excellence and in evaluating increases in funding for already established centers of excellence. The membership of the centers of excellence committee may include employees of the department of commerce, and other persons drawn from sources other than the department of commerce who are recognized by their peers for outstanding knowledge and leadership in their fields.
(g) The department of commerce shall award funding for new centers and increased funding for established centers only after:
(1) Developing, adopting and publishing the criteria it shall use when evaluating centers of excellence;
(2) developing a level of core funding for each center of excellence; and
(3) receiving the recommendation of the centers of excellence committee which will review proposals for new or established centers of excellence containing:
(A) Documentation that not less than 50% of the center's funding above the established level of core funding will be matched by sources other than the department of commerce; machinery or equipment may be considered as part of the matching funds, but must be accompanied by a statement that the center of excellence has received the machinery or equipment, it is state of the art; and either:
(i) Verifying that the machinery or equipment is donated and has only been used in testing to insure quality control, or used by a wholesaler or retailer for demonstration purposes only; or
(ii) detailing the price paid by the center of excellence, with an invoice showing the amount paid for the equipment;
(B) a description of a potential for future benefit to industry;
(C) an itemized operations budget; and
(D) other information that may be required by the department of commerce.
(h) The department of commerce shall approve proposals to establish new centers of excellence after the department of commerce finds, based upon the proposal submitted, external peer reviews, and such additional investigation as the staff of the department of commerce shall make that:
(1) The proposed center of excellence has the potential to stimulate economic growth by bringing together educational institutions and businesses in partnerships to focus on basic research, applied research and development, and technology transfer;
(2) the center has the long-run potential for benefit to existing and new businesses through innovation and development of new technology; and
(3) approval of the proposal will not create or foster unnecessary duplication of programs, particularly at the graduate level of instruction.
(i) Each existing Kansas center of excellence is eligible for annual support from the department of commerce according to the same terms and conditions as provided in this section for new centers except that an external peer review to determine under what provision of this section and by what terms continuing funding is appropriate shall be conducted annually during the first three years after the center of excellence is established and shall be conducted biennially thereafter. In the years between external peer reviews conducted on a biennial basis, the department of commerce shall conduct internal reviews to determine under what provision of this statute and under what terms continuing funding is appropriate.
(j) The department of commerce may require any educational institution where a center of excellence is located to oversee the operation of such center of excellence.
(k) The secretary of commerce shall annually transmit to the governor and the legislature a report, based on information received from the board of regents, describing the funding and expenditures of each center of excellence for the preceding year, including the purposes for which such expenditures were made.
History: L. 1986, ch. 284, § 6; L. 1987, ch. 318, § 1; L. 1990, ch. 290, § 1; L. 2011, ch. 104, § 19; L. 2012, ch. 65, § 17; July 1.
(a) The Kansas technology enterprise applied research matching grant fund is hereby created, to which shall be credited any state funds specifically so designated.
(b) The secretary may use the Kansas technology enterprise applied research fund to carry out the purposes of this act by awarding competitive applied research grants to educational institutions and private enterprises of special importance to the Kansas economy. The fund is not to be used for pure research technology transfer technical assistance or training but only for actual applied research.
(c) The secretary shall award grants only after:
(1) Developing, adopting and publishing the criteria it shall use when evaluating research proposals; and
(2) reviewing applied research proposals which present:
(A) Documentation, if the proposal is from an educational institution, that not less than 60% of the total direct cost of the proposed project will be provided by sources other than the corporation; machinery or equipment may be considered as part of the matching funds for the research, but must be accompanied by a statement:
(i) That the educational institution has received the machinery or equipment and it is state of the art; and either
(ii) verifying that the equipment or machinery is donated and has only been used in testing to insure quality control, or used by a wholesaler or retailer for demonstration purposes only; or
(iii) detailing the price paid by the educational institution, with an invoice showing the amount paid for the machinery or equipment;
(B) documentation, if the proposal is from a private enterprise, that not less than 60% of the total direct cost of the proposed project will be provided by sources other than the department or through in-kind services provided through the private enterprise as evaluated by the secretary;
(C) a description of the future commercial application and the industrial sectors that will likely benefit by the applied research project and the potential for job creation;
(D) an itemized research budget, time line and research methodology;
(E) a recommendation from the sponsoring educational institution or business enterprise; and
(F) other information that may be required by the board.
(d) The secretary shall approve such applied research proposals after the secretary finds, based upon the proposal submitted and such additional investigation as the staff of the department shall make, that:
(1) The proposed project is research that leads to innovation, new knowledge or technology and is not training or technical assistance for business firms;
(2) the proposed applied research project will expand that field's technological base within the state;
(3) the project will enhance employment opportunities within Kansas; and
(4) the project is technically sound and will produce a measurable result.
(e) The secretary shall create an applied research committee to assist in evaluating potential applied research projects. The membership of this applied research committee may include employees of the department, and other persons drawn from sources other than [the] department who are recognized by their peers for outstanding knowledge and leadership in their fields.
(f) Any commercialized research that results from an applied research grant shall be subject to paragraphs (20) and (21) of subsection (a) of K.S.A. 74-8104, and amendments thereto.
History: L. 1986, ch. 284, § 7; L. 2011, ch. 104, § 20; July 1.
(a) The secretary is directed to develop a small business innovation research (SBIR) matching grant program which meets the highest current standards for state matching grants to federal phase I SBIR program. Prior to establishing the SBIR matching grant program, the secretary shall conduct a survey and analysis of the most effective SBIR matching grant programs existing in other states.
(b) The secretary is hereby directed to establish a small business innovation research bridge financing fund. Such fund shall provide grants, loans, royalty or equity investment to firms that have previously received federal phase I SBIR moneys and that have applied for a phase II SBIR grant.
History: L. 1986, ch. 284, § 8; L. 1995, ch. 126, § 1; L. 2011, ch. 104, § 21; July 1.
Five years from the effective date of this act, the secretary shall conduct a review of the small business innovation research bridge financing program and report the results of the review to the legislature. Such review shall determine the extent to which the program has achieved the following outcomes:
(a) Increased the number of phase II SBIR grant proposals;
(b) increased the percentage of phase II SBIR grants awarded to researchers in the state;
(c) stimulated subsequent investments by industry venture capital and other federal sources;
(d) encouraged development of industry partners with researchers; and
(e) encouraged development of business or commercialization plans for new technology.
History: L. 1995, ch. 126, § 2; L. 2011, ch. 104, § 22; July 1.
(a) There is hereby created the technology enterprise seed-capital fund to which shall be credited any state funds specifically so designated. The secretary may credit the fund with unrestricted appropriations, gifts, donations or grants received from any source and with payments on loans made from the fund.
(b) The secretary may use the Kansas technology enterprise seed-capital fund as follows:
(1) To carry out the purposes of K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, through investments in qualified securities and through the forms of financial assistance authorized by K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, including:
(A) Loans, loans convertible to equity, and equity;
(B) leaseholds;
(C) management or consultant service agreements;
(D) loans with warrants attached that are beneficially owned by the department;
(E) loans with warrants attached that are beneficially owned by a party other than the department; and
(F) any other contractual arrangement in which the department is providing scientific and technological services to any federal, state, county or municipal agency, or to any individual, corporation, enterprise, association or any other entity involving science and technology. The secretary, in connection with the provision of any form of financial assistance, may enter into royalty agreements with an enterprise.
(2) To pay all or a portion of the department's operating expenses from revenues generated by seed-capital fund investments, which shall be an amount sufficient to allow the department to undertake and efficiently manage its responsibilities.
(3) To invest in such other investments as are lawful for Kansas fiduciaries.
(c) The secretary may use the Kansas technology enterprise seed-capital fund to purchase qualified securities issued by enterprises as a part of a resource and technology project for the purpose of raising the initial capital for such projects subject to the conditions set forth in this section.
(d) The secretary may use the fund to make low-interest or zero-interest loans to business incubator facilities in exchange for royalties from future gross sales generated by enterprises created in the incubator.
(e) The secretary shall purchase qualified securities issued by an enterprise as a part of a resource and technology project only after:
(1) Receipt of an application from the enterprise which contains:
(A) A business plan including a description of the enterprise and its management, product and market;
(B) a statement of the amount, timing and projected use of the capital required;
(C) a statement of the potential economic impact of the enterprise, including the number, location and types of jobs expected to be created; and
(D) such other information as the secretary shall request.
(2) Approval of the investment by the department may be made after the secretary finds, based upon the application submitted by the enterprise and such additional investigation as the staff of the department shall make that:
(A) The proceeds of the investment will be used only to cover the seed-capital needs of the enterprise except as authorized by this section;
(B) the enterprise has a reasonable chance of success;
(C) the department's participation is instrumental to the success of the enterprise and its retention within the state because funding otherwise available for the enterprise is not available on commercially reasonable terms;
(D) the enterprise has the reasonable potential to create a substantial amount of employment within the state;
(E) the entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial and time commitment to the enterprise;
(F) the securities to be purchased are qualified securities;
(G) there is a reasonable possibility that the department will recoup at least its initial investment; and
(H) binding commitments have been made to the department by the enterprise for adequate reporting of financial data to the department, which shall include a requirement for an annual report, or if required by the board, an annual audit of the financial and operational records of the enterprise, and for such control on the part of the department shall consider prudent over the management of the enterprise, so as to protect the investment of the department, including in the discretion of the secretary and without limitation, right of access to financial and other records of the enterprise.
(f) The secretary shall create an investment committee to assist in evaluating potential investments in qualified securities. The membership of this investment committee may include both directors and staff members of the department, and other persons drawn from sources other than the department who are recognized by their peers for outstanding knowledge and leadership in their fields, all of whom shall serve at the pleasure of the secretary.
(g) The secretary shall not make investments in qualified securities issued by enterprises in excess of the amount necessary to own more than 49% of qualified securities in any one enterprise at the time of the purchase by the department, after giving effect to the conversion of all outstanding convertible qualified securities of the enterprise except that in the event of severe financial difficulty of the enterprise, threatening, in the judgment of the secretary, the investment of the department therein, a greater percentage of such securities may be owned by the department.
History: L. 1986, ch. 284, § 9; L. 2011, ch. 104, § 23; July 1.
(a) The secretary shall establish a clearinghouse to provide technology transfer and technical referral services and shall fund educational institutions to establish technical information data bases and industrial liaison offices which are easily accessible by both private and public sector organizations.
(b) The secretary shall provide to private enterprises and individuals, services which include, but are not limited to:
(1) Disseminating such research and technical information as is available to the department;
(2) referring clients to researchers or laboratories for the purpose of testing and evaluating new products, processes or innovations;
(3) assisting persons developing innovations or new technology in locating enterprises or entrepreneurs that may be interested in applying such innovations or new technologies; and
(4) providing managerial assistance to enterprises requesting such assistance, but particularly to those small enterprises of special importance to the Kansas economy.
(c) The secretary shall encourage business enterprises to use such technology transfer and technical support services as provided by educational institutions and especially the state's small business development centers.
History: L. 1986, ch. 284, § 10; L. 2011, ch. 104, § 24; July 1.
(a) The secretary shall publish an annual report which shall include an audit in accordance with generally accepted accounting principles as of June 30 of each year, and present the report to the governor and the legislature setting forth in detail the operations and transactions conducted by the secretary of commerce pursuant to K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, or to other legislation. The annual report shall specifically account for the ways in which the purposes and the programs described in K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto, have been carried out, and the recommendations shall specifically note what changes in the activities of the department and the programs it administers, and of state government are necessary to better address the purposes described in K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto. The secretary shall distribute its annual report by such means that will make it widely available to those innovative enterprises of special importance to the Kansas economy.
(b) The secretary shall annually review and prepare a report showing how and at what level other states fund the programs provided for under K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto. The secretary shall recommend an appropriate funding level for Kansas which will make these programs nationally competitive with those of other states. The secretary's findings and recommendations shall be submitted to the governor and the legislature.
(c) The secretary shall adopt a threshold funding level for each of the programs provided for under K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto. The threshold amount shall provide for funding that is great enough to have a significant impact and carry out the intent of K.S.A. 74-8102 through 74-8104 and 74-8107 through 74-8111, and amendments thereto. If the appropriation to fund these programs falls below the threshold, then no funding shall be provided by the department to the program funded below threshold level.
(d) The secretary and the department shall be subject to an audit by the legislative division of post audit.
History: L. 1986, ch. 284, § 11; L. 2011, ch. 104, § 25; L. 2012, ch. 65, § 18; July 1.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1986, ch. 284, § 12; January 12, 1987.
(a) Except as provided in subsection (h) of K.S.A. 74-8101 and amendments thereto, for members of the board of directors of the Kansas technology enterprise corporation, the provisions of article 32 of chapter 75 of the Kansas Statutes Annotated, any acts amendatory thereof or supplemental thereto, and any rules and regulations adopted thereunder, shall not apply to officers or employees of Kansas technology enterprise corporation. Subject to policies established by the board of directors, the president of the corporation or the president's designee shall be authorized to approve all travel and travel expenses of such officers and employees.
(b) Nothing in this act or the act of which it is amendatory shall be construed as placing any officer or employee of the Kansas technology enterprise corporation in the classified service under the Kansas civil service act.
History: L. 1987, ch. 317, § 5; L. 1995, ch. 255, § 6; December 17.
(a) All state appropriations to or grants of state appropriations to the Kansas technology enterprise corporation shall remain in the state treasury until expended, loaned, transferred to other state agencies or invested pursuant to the Kansas technology enterprise corporation act.
(b) Except as provided in subsection (a), any matching funds or other moneys received by the corporation from any source outside the state treasury may be placed in the state treasury or may be maintained in interest-bearing accounts in Kansas banks or Kansas savings and loan associations, or invested pursuant to subsection (b)(3) of K.S.A. 74-8109 and amendments thereto. Any accounts so maintained shall bear a designation of one of the fund titles established in the Kansas technology enterprise corporation act.
History: L. 1987, ch. 317, § 6; April 30.
K.S.A. 74-5050 and 74-8101 through 74-8115 and amendments thereto shall be known and may be cited as the Kansas technology enterprise corporation act.
History: L. 1987, ch. 317, § 4; April 30.
(a) The state of Kansas is hereby authorized to establish a patent depository library at a state agency and location designated as prescribed by this section.
(b) "Patent depository library" means a library which has:
(1) Acquired or is in the process of acquiring a collection of United States patents; and
(2) established certain understandings with the patent and trademark office of the United States department of commerce regarding the library's obligations concerning maintenance of the collection, public accessibility to the collection and services offered by the library which afford its effective use.
(c) The board of directors of the Kansas technology enterprise corporation shall solicit proposals from state agencies for establishment of a patent depository library. After consideration of the proposals submitted, the board of directors shall designate the state agency and location for the patent depository library. The patent depository library shall be established with a grant of funds by Kansas technology enterprise corporation, composed of moneys of the corporation or moneys granted to the corporation from private sources, or both such moneys, for acquiring the initial patent collection and related equipment. The state agency designated for the patent depository library shall be responsible for the operating expenditures of the library.
History: L. 1990, ch. 299, § 1; July 1.
History: L. 1993, ch. 168, §§ 1 to 5; Repealed, L. 1996, ch. 209, § 29; July 1.
(a) The agricultural value added center established by K.S.A. 1995 Supp. 74-8117 and the agricultural value added processing center leadership council created by K.S.A. 1995 Supp. 74-8118 are hereby abolished.
(b) The division of markets within the Kansas department of agriculture created by K.S.A. 74-530 and the director of marketing created by K.S.A. 74-533 are hereby abolished.
History: L. 1996, ch. 209, § 1; July 1.
The Kansas technology enterprise corporation, created by K.S.A. 74-8101 et seq., and amendments thereto, is hereby abolished.
History: L. 2011, ch. 104, § 1; June 2.
Except as otherwise provided in K.S.A. 74-8127 through 74-8129, and amendments thereto, on the effective date of this act:
(a) All of the powers, duties and functions of the Kansas technology enterprise corporation are hereby transferred to and conferred and imposed upon the department of commerce and the secretary of commerce.
(b) The director of accounts and reports shall transfer all balances for all funds or accounts thereof appropriated or reappropriated for the Kansas technology enterprise corporation to the department of commerce.
(c) All liabilities of the Kansas technology enterprise corporation, including accrued compensation or salaries of officers and employees who are transferred to the department of commerce under this section shall be assumed and paid by the department of commerce.
History: L. 2011, ch. 104, § 2; June 2.
Except as otherwise provided in K.S.A. 74-8127 through 74-8129, and amendments thereto, on the effective date of this act:
(a) The department of commerce and the secretary of commerce shall be the successor in every way to the powers, duties and functions of the Kansas technology enterprise corporation in which the same were vested prior to the effective date of this section and that are transferred pursuant to K.S.A. 74-8124, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the department of commerce or the secretary of commerce pursuant to K.S.A. 74-8124, and amendments thereto, shall be deemed to have the same force and effect as if performed by the Kansas technology enterprise corporation in which such powers, duties and functions were vested prior to the effective date of this section.
(b) Whenever the Kansas technology enterprise corporation, or words of like effect, are referred to or designated by a statute, contract or other document and such reference is in regard to any of the powers, duties or functions transferred to the department of commerce pursuant to K.S.A. 74-8124, and amendments thereto, such reference or designation shall be deemed to apply to the department of commerce or the secretary of commerce as the context requires.
(c) All rules and regulations, orders and directives of the Kansas technology enterprise corporation which are in effect on the effective date of this section shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the department of commerce or the secretary of commerce until revised, amended, revoked or nullified pursuant to law.
(d) The secretary of commerce shall have the legal custody of all records, memoranda, writings, entries, prints, representations, electronic data or combinations thereof of any act, transaction, occurrence or event of the Kansas technology enterprise corporation.
(e) The secretary of commerce shall be the continuation of the Kansas technology enterprise corporation.
(f) (1) All officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansas technology enterprise corporation concerning programs transferred pursuant to K.S.A. 74-8124 and 74-8125, and amendments thereto, or who become a part of the department of commerce, or the powers, duties and functions of which are transferred to the department of commerce, and who, in the opinion of the secretary of commerce, are necessary to perform the powers, duties and functions of the department of commerce, shall be transferred to, and shall become officers and employees of the department of commerce.
(2) Officers and employees of the Kansas technology enterprise corporation transferred by this act shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed by the Kansas technology enterprise corporation.
History: L. 2011, ch. 104, § 3; June 2.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under K.S.A. 74-8124, and amendments thereto, shall be resolved by the governor, whose decision shall be final.
(b) The department of commerce shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the department of commerce pursuant to K.S.A. 74-8124, and amendments thereto. Any conflict as to the proper disposition of property, personnel or records arising under this section or K.S.A. 74-8124 or 74-8125, and amendments thereto, shall be determined by the governor, whose decision shall be final.
History: L. 2011, ch. 104, § 4; June 2.
(a) On the effective date of this act, the following powers, duties and functions of the Kansas technology enterprise corporation are hereby transferred to and conferred and imposed upon the board of regents:
(1) All powers, duties and functions under K.S.A. 74-8102 through 74-8111, and amendments thereto, relating to the strategic technology and research (STAR) fund; and
(2) all powers, duties and functions under K.S.A. 74-8102 through 74-8111, and amendments thereto, relating to the experimental program to stimulate competitive research (EPSCoR).
(b) The director of accounts and reports shall transfer all balances for all funds or accounts thereof appropriated or reappropriated for the Kansas technology enterprise corporation relating to the powers, duties and functions transferred by this section, and amendments thereto, to the board of regents.
(c) All liabilities of the Kansas technology enterprise corporation relating to the powers, duties and functions transferred by this section, and amendments thereto, including accrued compensation or salaries of officers and employees who are transferred to the board of regents under this section, and amendments thereto, shall be assumed and paid by the board of regents.
History: L. 2011, ch. 104, § 5; June 2.
On and after the effective date of this act: (a) The board of regents shall be the successor in every way to the powers, duties and functions of the Kansas technology enterprise corporation in which the same were vested prior to the effective date of this section, and amendments thereto, and that are transferred pursuant to K.S.A. 74-8127, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the board of regents pursuant to K.S.A. 74-8127, and amendments thereto, shall be deemed to have the same force and effect as if performed by the Kansas technology enterprise corporation in which such powers, duties and functions were vested prior to the effective date of this section, and amendments thereto.
(b) Whenever the Kansas technology enterprise corporation, or words of like effect, are referred to or designated by a statute, contract or other document and such reference is in regard to any of the powers, duties or functions transferred to the board of regents pursuant to K.S.A. 74-8127, and amendments thereto, such reference or designation shall be deemed to apply to the board of regents.
(c) All rules and regulations, orders and directives of the Kansas technology enterprise corporation which relate to the powers, duties and functions transferred by K.S.A. 74-8127, and amendments thereto, and which are in effect on the effective date of this section, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the board of regents until revised, amended, revoked or nullified pursuant to law.
(d) The board of regents shall have the legal custody of all records, memoranda, writings, entries, prints, representations, electronic data or combinations thereof of any act, transaction, occurrence or event of the Kansas technology enterprise corporation relating to the powers, duties and functions transferred by K.S.A. 74-8127, and amendments thereto.
(e) The board of regents shall be the continuation of the Kansas technology enterprise corporation relating to the powers, duties and functions transferred by K.S.A. 74-8127, and amendments thereto.
(f) (1) All officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansas technology enterprise corporation concerning programs transferred pursuant to K.S.A. 74-8127, and amendments thereto, or who become a part of the board of regents, or the powers, duties and functions of which are transferred to the board of regents, and who, in the opinion of the board of regents, are necessary to perform the powers, duties and functions of the board of regents, shall be transferred to, and shall become officers and employees of the board of regents.
(2) Officers and employees of the Kansas technology enterprise corporation transferred by this act shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed by the Kansas technology enterprise corporation.
History: L. 2011, ch. 104, § 6; June 2.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under K.S.A. 74-8127, and amendments thereto, shall be resolved by the governor, whose decision shall be final.
(b) The board of regents shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the board of regents pursuant to K.S.A. 74-8127, and amendments thereto. Any conflict as to the proper disposition of property, personnel or records arising under this section or K.S.A. 74-8127 or 74-8128, and amendments thereto, shall be determined by the governor, whose decision shall be final.
History: L. 2011, ch. 104, § 7; June 2.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in K.S.A. 74-8124 through 74-8129, and amendments thereto, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of K.S.A. 74-8124 through 74-8129, and amendments thereto. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this section, and amendments thereto.
History: L. 2011, ch. 104, § 8; June 2.
K.S.A. 74-8123 through 74-8130, inclusive, shall become effective on July 1, 2011.
History: L. 2011, ch. 104, § 9; June 2.
(a) The purpose of the Kansas angel investor tax credit act is to facilitate the availability of equity investment in businesses in the early stages of commercial development and to assist in the creation and expansion of Kansas businesses, which are job and wealth creating enterprises, by granting tax credits against the Kansas income tax liability of investors investing in these businesses. The Kansas angel investor tax credit act shall be administered by the secretary with the primary goal of encouraging individuals to provide seed-capital financing for emerging, Kansas businesses engaged in the development, implementation and commercialization of innovative technologies, products and services.
(b) K.S.A. 74-8131 through 74-8137, and amendments thereto, shall be known and may be cited as the Kansas angel investor tax credit act.
History: L. 2004, ch. 112, § 74; L. 2005, ch. 134, § 1; L. 2011, ch. 104, § 26; July 1.
As used in this act:
(a) "Angel investor" and "investor" mean an accredited investor who is a natural person or an owner of a permitted entity investor, who is of high net worth, as defined in 17 C.F.R. § 230.501(a), as in effect on July 1, 2004, and who seeks high returns through private investments in start-up companies and may seek active involvement in business, such as consulting and mentoring the entrepreneur. For the purposes of this act, a person who serves as an executive, officer, employee, vendor or independent contractor of the business in which an otherwise qualified cash investment is made is not an "angel investor" and such person shall not qualify for the issuance of tax credits for such investment;
(b) "bioscience business" means a business engaged in bioscience as defined in K.S.A. 74-99b83, and amendments thereto;
(c) "cash investment" means money or money equivalent in consideration for qualified securities;
(d) "department" means the department of commerce;
(e) "Kansas business" means any business owned by an individual, any partnership, association or corporation domiciled in Kansas, or any corporation, even if a wholly owned subsidiary of a foreign corporation, that does business primarily in Kansas or does substantially all of such businesses' production in Kansas;
(f) "owner" means any natural person who is, directly or indirectly, a partner, stockholder or member in a permitted entity investor;
(g) "permitted entity investor" means: (A) Any general partnership, limited partnership, corporation that has in effect a valid election to be taxed as an S corporation under the United States internal revenue code, or a limited liability company that has elected to be taxed as a partnership under the United States internal revenue code; and (B) that was established and is operated for the sole purpose of making investments in other entities;
(h) "qualified Kansas business" means the Kansas businesses that are approved and certified as qualified Kansas businesses as provided in K.S.A. 74-8134, and amendments thereto;
(i) "qualified securities" means a cash investment through any form or combination of forms of financial assistance as provided in this subsection that have been approved in form and substance by the secretary. Such forms of financial assistance are: (1) Any form of equity, such as: (A) A general or limited partnership interest; (B) common stock; or (C) preferred stock without regard to voting rights or seniority position, and whether or not convertible into common stock; or
(2) any debt instrument subordinate to the general creditors of the qualified Kansas business debtor that requires no payment from the qualified Kansas business debtor, and that shall convert to some form of equity prior to the qualified Kansas business debtor raising any additional funds; and
(j) "secretary" means the secretary of commerce.
History: L. 2004, ch. 112, § 75; L. 2005, ch. 134, § 2; L. 2007, ch. 184, § 7; L. 2011, ch. 104, § 27; L. 2021, ch. 42, § 1; July 1.
(a) A credit against the tax imposed by article 32 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, on the Kansas taxable income of an angel investor and against the tax imposed by K.S.A. 40-252, and amendments thereto, shall be allowed for a cash investment in the qualified securities of a qualified Kansas business. For tax year 2021 and all tax years thereafter, the credit shall be in a total amount of up to 50% of such investors' cash investment in any qualified Kansas business, subject to the limitations set forth in subsection (b). This tax credit may be used in its entirety in the taxable year in which the cash investment is made except that no tax credit shall be allowed in a year prior to January 1, 2005. If the amount by which that portion of the credit allowed by this section exceeds the investors' liability in any one taxable year, beginning in the year 2005, the remaining portion of the credit may be carried forward until the total amount of the credit is used. If the investor is a permitted entity investor, the credit provided by this section shall be claimed by the owners of the permitted entity investor in proportion to their ownership share of the permitted entity investor.
(b) For tax year 2021 and all tax years thereafter, the secretary of revenue shall not allow tax credits of more than $100,000 for a single Kansas business or a total of $350,000 in tax credits for a single year per investor who is a natural person or owner of a permitted entity investor. No tax credits authorized by this act shall be allowed for any cash investments in qualified securities for any year after the year 2026. The total amount of tax credits that may be allowed under this section shall not exceed:
(1) $4,000,000 during the tax year 2007;
(2) $6,000,000 for tax years 2008 through 2010 and 2012 through 2022, except that for tax year 2011, the total amount of tax credits that may be allowed under this section shall not exceed $5,000,000;
(3) $6,500,000 for tax year 2023;
(4) $7,000,000 for tax year 2024;
(5) $7,500,000 for tax year 2025; and
(6) $8,000,000 for tax year 2026.
The balance of unissued tax credits may be carried over for issuance in future years until tax year 2026.
(c) A cash investment in a qualified security shall be deemed to have been made on the date of acquisition of the qualified security, as such date is determined in accordance with the provisions of the internal revenue code.
(d) Any investor without a current tax liability at the time of the investment in a qualified Kansas business, who does not reasonably believe that it will owe any such tax for the current taxable year and who makes a cash investment in a qualified security of a qualified Kansas business shall be deemed to acquire an interest in the nature of a transferable credit limited, for tax year 2021 and all tax years thereafter, to an amount up to 50% of this cash investment. This interest may be transferred to any natural person whether or not such person is then an investor and be claimed by the transferee as a credit against the transferee's Kansas income tax liability beginning in the year provided in subsection (a). No person shall be entitled to a refund for the interest created under this section. Only the full credit for any one investment may be transferred and this interest may only be transferred one time. A credit acquired by transfer shall be subject to the limitations prescribed in this section. Documentation of any credit acquired by transfer shall be provided by the investor in the manner required by the director of taxation.
(e) The reasonable costs of the administration of this act, the review of applications for certification as qualified Kansas businesses and the issuance of tax credits authorized by this act shall be reimbursed through fees paid by the qualified Kansas businesses and the investors or the transferees of investors, according to a reasonable fee schedule adopted by the secretary by rules and regulations in accordance with the rules and regulations filing act.
History: L. 2004, ch. 112, § 76; L. 2005, ch. 134, § 3; L. 2007, ch. 184, § 8; L. 2010, ch. 123, § 2; L. 2011, ch. 104, § 28; L. 2016, ch. 84, § 3; L. 2021, ch. 42, § 2; July 1.
(a) Before an angel investor may be entitled to receive tax credits, as authorized by this act, such investor must have made a cash investment in a qualified security of a qualified Kansas business. This business must have been approved by the secretary as a qualified Kansas business prior to the date on which the cash investment was made. To be designated as a qualified Kansas business, a business must make application to the secretary in accordance with the provisions of this section.
(b) Such application shall be in form and substance as required by the secretary, but shall include at least the following:
(1) The name of the business and certified copies of the organizational documents of the business;
(2) a business plan, including a description of the business and the management, product, market and financial plan of business;
(3) a statement of the business innovative and proprietary technology, product or service;
(4) a statement of the potential economic impact of the enterprise, including the number, location and types of jobs expected to be created;
(5) a description of the qualified securities to be issued, the consideration to be paid for the qualified securities, the amount of any tax credits requested and the earliest year in which the tax credits may be redeemed;
(6) a statement of the amount, timing and projected use of the proceeds to be raised from the proposed sale of qualified securities; and
(7) such other information as the secretary may request, such as the names, addresses and taxpayer identification numbers of all investors who may qualify for the tax credit. Such list of investors who may qualify for the tax credits shall be amended as new qualified securities are sold or as any information on the list shall change.
(c) No business shall be designated as a qualified Kansas business unless such business meets all of the following criteria:
(1) The business must not have had annual gross revenues of more than $5,000,000 in the most recent tax year of the business;
(2) businesses that are not bioscience businesses must have been in operation for less than five years; bioscience businesses must have been in operation for less than 10 years;
(3) all else equal, first consideration will be given to animal health companies;
(4) the business must not have ownership interests including, but not limited to, common or preferred shares of stock that can be traded by the public via a stock exchange, electronic exchange, bulletin board or other public market place on or before the date that a qualifying investment is made;
(5) the business must not be engaged primarily in any one or more of the following enterprises: (A) Any service provider set forth in K.S.A. 17-2707, and amendments thereto; (B) the business of banking, savings and loan or lending institutions, credit or finance, or financial brokerage or investments; (C) the provision of professional services, such as legal, accounting or engineering services; (D) governmental, charitable, religious or trade organizations; (E) the ownership, development, brokerage, sales or leasing of real estate; (F) insurance; (G) construction or construction management or contracting; (H) business consulting or brokerage; (I) any business engaged primarily as a passive business, having irregular or noncontinuous operations, or deriving substantially all of the income of the business from passive investments that generate interest, dividends, royalties, or capital gains, or any business arrangements the effect of which is to immunize an investor from risk of loss; (J) any Kansas certified capital formation company; (K) any activity that is in violation of the law; and (L) any business raising money primarily to purchase real estate, land or fixtures; and
(6) the business must satisfy all other requirements of this act.
(d) Notwithstanding the requirements of subsection (c), a business may be considered as a qualified Kansas business under the provisions of this act if such business falls within a standard industrial classification code.
(e) The portions of documents and other materials submitted to the secretary that contain trade secrets shall be kept confidential and shall be maintained in a secured environment by the secretary. For the purposes of this act, such portions of documents and other materials means any customer lists, any formula, compound, production data or compilation of information certain individuals within a commercial concern using such portions of documents and other material means to fabricate, produce or compound an article of trade, or, any service having commercial value, which gives the user an opportunity to obtain a business advantage over competitors who do not know or use such service.
(f) A qualified Kansas business shall have the burden of proof to demonstrate to the secretary the qualifications of the business under this section and shall have the obligation to notify the secretary in a timely manner of any changes in the qualifications of the business or in the eligibility of investors to claim a tax credit for cash investment in a qualified security.
History: L. 2004, ch. 112, § 77; L. 2005, ch. 134, § 4; L. 2007, ch. 184, § 9; L. 2011, ch. 104, § 29; July 1.
(a) The designation of a business as a qualified Kansas business shall be made by the secretary, and such designation must be renewed annually. A business shall be so designated if the secretary determines, based upon the application submitted by the business and any additional investigation the staff of the department shall make, that the following criteria have been or shall be satisfied:
(1) The business has a reasonable chance of success;
(2) the business has the reasonable potential to create measurable employment within the state;
(3) the business has an innovative and proprietary technology, product and service;
(4) the existing owners of the business and other founders have made or are committed to make a substantial financial and time commitment to the business;
(5) the securities to be issued and purchased are qualified securities; and
(6) binding commitments have been made by the business to the department for adequate reporting of financial data, including a requirement for an annual report, or, if required by the secretary, an annual audit of the financial and operational records of the business, the right of access to the financial records of the business and the right of the department to record and publish normal and customary data and information related to the issuance of tax credits that are not otherwise determined to be trade or business secrets.
(b) In addition to reports by the businesses to the department, the secretary will also provide an annual report, on or before February 1, to the governor, to the senate committee on commerce and the house committee on commerce, labor and economic development and any successor committees thereto, on the marketing and use of the angel investor tax credits. This report will include the following: The amount of tax credits used in the previous fiscal year including what percentage was claimed by individuals and what percentage was claimed by investment firms; the types of businesses that benefited from the tax credits; and any aggregate job creation or capital investment in Kansas that resulted from the use of the tax credits for a period of five years beginning from the date on which the tax credits were awarded. In addition, the annual report will provide information regarding what businesses which derived benefit from the tax credits remained in Kansas and what businesses ceased business, what businesses were purchased and what businesses may have moved out-of-state and why.
History: L. 2004, ch. 112, § 78; L. 2005, ch. 134, § 5; L. 2007, ch. 184, § 10; L. 2011, ch. 104, § 30; L. 2013, ch. 134, § 14; July 1.
(a) Tax credits for qualified Kansas businesses are a limited resource of the state for which the secretary is designated as the administrator. The purpose of such tax credits is to facilitate the availability of equity investment in businesses in the early stages of commercial development and to assist in the creation and expansion of Kansas businesses that are job and wealth creating enterprises. To achieve this purpose and to optimize the use of the limited resources of the state, the secretary is authorized to issue tax credits to qualified investors in qualified Kansas businesses. Such tax credits shall be awarded to those qualified Kansas businesses that, as determined by the secretary, are most likely to provide the greatest economic benefit to the state. The secretary may issue whole or partial tax credits based on an assessment of the qualified businesses. The secretary may consider numerous factors in such assessment, including, but not limited to, the quality and experience of the management team, the size of the estimated market opportunity, the risk from current or future competition, the ability to defend intellectual property, the quality and utility of the business model and the quality and reasonableness of financial projections for the business.
(b) Each qualified Kansas business for which tax credits have been issued pursuant to this act shall report to the department on an annual basis, the following: (1) The name, address and taxpayer identification number of each angel investor who has made cash investment in the qualified securities of a qualified Kansas business and has received tax credits for this investment during the preceding year and all other preceding years; (2) the amounts of these cash investments by each angel investor and a description of the qualified securities issued in consideration of such cash investments; (3) the name, address and taxpayer identification number of each investor to which tax credits issued pursuant to this act have been transferred by the original angel investor; and (4) any additional information as the secretary may require pursuant to this act.
(c) The secretary shall transmit annually to the governor, the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives a report, based upon information received from each qualified Kansas business for which tax credits have been issued during the preceding year, describing the following: (1) The manner in which the purpose, as described in this act, has been carried out; (2) the total cash investments made for the purchase of qualified securities of qualified Kansas businesses during the preceding year and cumulatively since the inception of this act; (3) an estimate of jobs created and jobs preserved by cash investments made in qualified securities of qualified Kansas businesses; and (4) an estimate of the multiplier effect on the Kansas economy of the cash investments made pursuant to this act.
(d) The secretary shall provide the information specified in subsection (c) to the department of revenue on an annual basis. The secretary shall conduct an annual review of the activities undertaken pursuant to this act to ensure that tax credits issued pursuant to this act are issued in compliance with the provisions of this act or rules and regulations promulgated by the department with respect to this act.
(e) Any violation of the reporting requirements set forth in this section shall be grounds for undesignation of a qualified Kansas business under this section.
(f) If the secretary determines that a business is not in substantial compliance with the requirements of this act to maintain its designation, the secretary, by written notice, shall inform the officers of the qualified Kansas business and the business that such business will lose designation as a qualified Kansas business in 120 days from the date of mailing of the notice unless such business corrects the deficiencies and is once again in compliance with the requirements for designation.
(g) At the end of the 120-day period, if the qualified Kansas business is still not in substantial compliance, the secretary shall send a notice of loss of designation to the business, the secretary of the department of revenue and to all known investors in the business. Loss of designation of a qualified Kansas business shall preclude the issuance of any additional tax credits with respect to this business and the secretary shall not approve the application of such business as a qualified Kansas business. Upon loss of the designation as a qualified Kansas business or if a bioscience business loses its designation as a qualified Kansas business under this act by moving its operations outside Kansas within 10 years after receiving financial assistance under this act or a qualified Kansas business that is not a bioscience business loses its designation as a qualified Kansas business under this act by moving its operations outside Kansas within five years after receiving financial assistance under this act, such business shall repay such financial assistance to the department, in an amount determined by the secretary. Each qualified Kansas business that loses such designation shall enter into a repayment agreement with the secretary specifying the terms of such repayment obligation.
(h) Angel investors who lawfully make an investment in a qualified Kansas business shall not have tax credits disallowed solely due to the business losing its designation as a qualified Kansas business under this act.
(i) The secretary shall adopt rules and regulations in accordance with the rules and regulations filing act necessary to implement the provisions of K.S.A. 74-8131 through 74-8136, and amendments thereto.
History: L. 2004, ch. 112, § 79; L. 2005, ch. 134, § 6; L. 2011, ch. 104, § 31; L. 2012, ch. 65, § 19; L. 2013, ch. 134, § 15; L. 2021, ch. 42, § 3; July 1.
The state of Kansas shall not be held liable for any damages to any investor that makes an investment in any qualified security of a qualified Kansas business.
History: L. 2004, ch. 112, § 80; July 1.
The purpose of this act is to create a Kansas statewide risk capital system to meet the special needs of the various regions of Kansas. This system will invest $10,000,000 of state funds to create private risk capital for investment in smaller Kansas businesses. This investment will, in turn, lead to further growth, diversification and improvement of the Kansas economy in all geographic regions in a diversified range of primary sectors concerned with products, processes and services that create jobs, wealth and income for the benefit of Kansas and Kansans especially in nonmetropolitan areas of the state.
History: L. 1986, ch. 332, § 1; May 22.
For the purposes of this act, the following terms shall have the meanings provided herein:
(a) "Department" means the department of commerce.
(b) "Kansas business" means any small business owned by an individual, any partnership, association or corporation domiciled in Kansas, or any corporation, even if a wholly owned subsidiary of a foreign corporation, that does business primarily in Kansas or does substantially all of its production in Kansas.
(c) "Secretary" means the secretary of the department of commerce.
History: L. 1986, ch. 332, § 2; L. 1987, ch. 319, § 1; April 23.
The secretary of the department of commerce is authorized to certify investment in nonvoting preferred stock of Kansas Venture Capital, Inc. in a total not to exceed $5,000,000 by the pooled money investment board as provided in K.S.A. 75-4205, and amendments thereto, under the following terms and conditions:
(a) When banks, savings and loan associations, individuals, corporations or other entities have invested $3,500,000 of private, equity capital in voting common stock in Kansas Venture Capital, Inc., the pooled money investment board shall match that amount in nonvoting preferred stock. Subsequent investments by the pooled money investment board shall occur quarterly and shall equal the amount of additional common stock subscribed and called by Kansas Venture Capital, Inc. At no time shall the investment in preferred stock exceed the amount of investment in common stock, at no time shall the investment in preferred stock exceed $5,000,000.
(b) The nonvoting preferred stock invested in by the pooled money investment board will receive the same rate of dividend and the same rate of capital appreciation at the same time on the same terms as the voting common stock invested in by banks, savings and loan associations, individuals, corporations or other entities.
(c) Every outstanding share representing the nonvoting preferred stock is assured of being fully repaid to the pooled money investment board before one share of the voting common stock is repaid to any bank, savings and loan association, individual, corporation or other entity. In the event that capital impairment compromises the ability of Kansas Venture Capital, Inc. to repay fully the nonvoting preferred stock, the pooled money investment board shall have the power to convert its shares to voting stock to protect its investment.
(d) Investments in common stock of Kansas Venture Capital, Inc. shall meet the terms and conditions of K.S.A. 74-8301 to 74-8311, inclusive, and amendments thereto, enacting the Kansas venture capital company act.
(e) The investments of voting common stock and nonvoting preferred stock shall be invested in ways which do not compromise the integrity of the small business association license approved under the small business investment act on June 17, 1977.
(f) Kansas Venture Capital, Inc. may invest in one or more Kansas venture capital companies located in Kansas which meet the requirements of K.S.A. 74-8301 to 74-8311, inclusive, and amendments thereto. Such investment shall not qualify for the tax credit allowed by K.S.A. 74-8304, and amendments thereto.
(g) A total of 15 board members to oversee the operations of Kansas Venture Capital, Inc. are elected by the voting common stock shareholders in accordance with the following terms and conditions:
(1) Eight are representatives of Kansas financial institutions. The eight shall represent a reasonable balance of relative proportion of investment in the common stock of Kansas Venture Capital, Inc. by Kansas commercial banks, savings and loan associations, insurance companies, and other appropriate financial intermediaries, and shall be recognized for outstanding knowledge and leadership in their fields.
(2) Two shall be venture capitalists or investment counselors familiar with the types of investments in which Kansas Venture Capital, Inc. will invest its funds, and shall be recognized for outstanding knowledge and leadership in their fields.
(3) Five shall represent the business sectors of special importance to the Kansas economy in which Kansas Venture Capital, Inc. shall be expected to invest its funds, and shall be recognized for outstanding knowledge and leadership in their fields.
(h) The board has conducted a national search and has selected a president for Kansas Venture Capital, Inc. who meets a national standard of experience, ability and initiative for similar chief executive positions for venture capital corporations investing high risk equity in firms which meet the purpose of this act.
(i) Funds invested by Kansas Venture Capital, Inc. shall be invested at 100% in Kansas businesses or in Kansas venture capital companies which invest 100% of the funds invested in such companies by Kansas Venture Capital, Inc., in Kansas businesses in which the funds so invested were to be used solely for the purpose of enhancing their productive capacity within the state, or to add value to goods or services produced or processed within the state.
(j) The pooled money investment board shall enter into an agreement with Kansas venture capital, inc., by which the board of Kansas venture capital, inc. will redeem and the pooled money investment board will sell the nonvoting preferred stock representing the board's investment in Kansas venture capital, inc. pursuant to this section. The agreement shall provide that the preferred stock shall be redeemed in exchange for total consideration of $5,000,000. Such payment may be made in such installments as the board of Kansas venture capital, inc. deems appropriate. Kansas venture capital, inc. shall make an initial minimum payment of $1,000,000 payable on or before July 31, 1998. Kansas venture capital, inc. shall continue to make minimum payments of $1,000,000, or with respect to the final payment, such lesser amount as will permit full redemption of the stock on or before July 31st of each successive year until the entire amount of the stock is redeemed. The agreement shall further provide that the payment obligation of Kansas venture capital, inc. shall be deferred as to any scheduled payment or portion thereof in the event that the making of such payment would result in the corporation having a book value of less than $10,000,000 or cause the corporation to be in violation of the minimum capital requirements or other provisions of the small business investment act of 1958, and amendments thereto, or the rules and regulations thereunder. Any deferred payment, subject to the deferral conditions contained herein, shall be payable on the next scheduled payment date, when such amount plus any scheduled payment shall either be paid in full, further deferred to the next payment date or paid in part to the extent that such deferred payment would not result in further deferral of the combined payment. After each installment payment is received, a percentage of the nonvoting preferred stock shall be redeemed proportionally to the percentage of the $5,000,000 payment to be made by the corporation. All such redemption payments shall be made to the pooled money investment board. The pooled money investment board shall remit all moneys received by or for it from Kansas venture capital, inc. for the redemption of the nonvoting preferred stock to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the public water supply loan fund.
History: L. 1986, ch. 332, § 3; L. 1987, ch. 319, § 2; L. 1988, ch. 312, § 1; L. 1998, ch. 108, § 1; L. 2001, ch. 5, § 340; July 1.
(a) Kansas venture capital, inc., shall prepare and publish an annual report of its activities for the information of the governor, the standing committee on commerce of the senate, the standing committee on commerce, labor and economic development of the house of representatives, securities commissioner of Kansas, attorney general and the public which shall be made widely available and shall specifically account for:
(1) The manner in which the purpose as described in this act has been carried out by Kansas venture capital, inc.;
(2) the total investments made annually by Kansas venture capital, inc., in Kansas businesses;
(3) an estimate of jobs created and jobs preserved by investments by Kansas venture capital, inc., in Kansas businesses;
(4) an estimate of the multiplier effect on the Kansas economy of investments by Kansas venture capital, inc., in Kansas businesses; and
(5) an analysis of the targeting of scarce resources by Kansas venture capital, inc., by size, sector and location to enterprises of particular need and opportunity.
(b) The report to the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives under this section shall be made by Kansas venture capital, inc., either: (1) By publishing such report on the internet and by notifying each member of the committees that the report is available and providing, as part of such notice, the uniform resource locator (URL) at which such report is available; or (2) by submitting copies of such report on CD-ROM or other electronically readable media.
History: L. 1986, ch. 332, § 4; L. 1993, ch. 136, § 15; L. 2002, ch. 151, § 8; L. 2012, ch. 65, § 20; L. 2013, ch. 134, § 16; July 1.
(a) Except as otherwise provided in K.S.A. 74-8207, and amendments thereto, every national banking association, state bank, savings and loan association or insurance company investing in stock issued by Kansas Venture Capital, Inc. shall be entitled to a credit in an amount equal to 25% of the total amount of cash investment in such stock against the tax liability imposed against such taxpayer pursuant to K.S.A. 79-1106 to 79-1116, inclusive, and amendments thereto or K.S.A. 40-252, and amendments thereto, as the case requires. The amount by which that portion of the credit allowed by this section exceeds the taxpayer's tax liability in any one taxable year may be carried forward until the total amount of the credit is used.
(b) The provisions of this section shall be applicable to investments made in all taxable years commencing after December 31, 1997, and until all allowed credits are exhausted.
History: L. 1986, ch. 332, § 10; L. 1987, ch. 320, § 5; L. 1988, ch. 313, § 1; L. 1993, ch. 151, § 2; L. 1998, ch. 108, § 2; July 1.
(a) Except as otherwise provided in K.S.A. 74-8207, and amendments thereto, every taxpayer investing in stock issued by Kansas Venture Capital, Inc. shall be entitled to a credit in an amount equal to 25% of the total amount of cash investment in such stock against the income tax liability imposed against such taxpayer pursuant to article 32 of chapter 79 of the Kansas Statutes Annotated. The amount by which that portion of the credit allowed by this section exceeds the taxpayer's tax liability in any one taxable year may be carried forward until the total amount of the credit is used. If the taxpayer is a corporation having an election in effect under subchapter S of the federal internal revenue code or a partnership, the credit provided by this section shall be claimed by the shareholders of such corporation or the partners of such partnership in the same manner as such shareholders or partners account for their proportionate shares of the income or loss of the corporation or partnership.
(b) No taxpayer claiming a credit under this section for cash investment in stock issued by Kansas Venture Capital, Inc. shall be eligible to claim a credit for the same investment under the provisions of K.S.A. 74-8301 to 74-8311, inclusive, and amendments thereto.
(c) The provisions of this section, and amendments thereto, shall be applicable to all taxable years commencing after December 31, 1997, until all allowed credits are exhausted.
(d) For tax year 2013 and all tax years thereafter, the income tax credit provided by this section shall only be available to taxpayers subject to the income tax on corporations imposed pursuant to subsection (c) of K.S.A. 79-32,110, and amendments thereto, and shall be applied only against such taxpayer's corporate income tax liability.
History: L. 1986, ch. 332, § 11; L. 1987, ch. 321, § 2; L. 1988, ch. 313, § 2; L. 1993, ch. 151, § 3; L. 1998, ch. 108, § 3; L. 2012, ch. 135, § 6; January 1, 2013.
The secretary of revenue may allow credits pursuant to K.S.A. 74-8205 and 74-8206 and amendments thereto that are attributable to not more than $10,000,000 of cash investment in Kansas Venture Capital, Inc. subject to the overall limitations of subsection (b) of K.S.A. 74-8304 and subsection (b) of 74-8401 and amendments thereto. With respect to the additional amount of cash investments made eligible for tax credits by this act, $5,000,000 of such amount shall be dedicated and reserved until June 30, 1990, for cash investments in Kansas Venture Capital, Inc. The $50,000,000 amount of cash investments now eligible for the tax credits allowed pursuant to K.S.A. 74-8205, 74-8206, 74-8304 and 74-8401 and amendments thereto shall be reduced to the extent that the total amount of investments paid in to Kansas Venture Capital, Inc. on and after July 1, 1989, and before July 1, 1990, is less than $5,000,000.
History: L. 1986, ch. 332, § 12; L. 1989, ch. 241, § 3; July 1.
The state of Kansas may not be held liable for any damages to an investor in Kansas Venture Capital, Inc.
History: L. 1986, ch. 332, § 14; May 22.
Kansas Venture Capital, Inc. shall be subject to an audit by the legislative division of post audit.
History: L. 1986, ch. 332, § 15; May 22.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1986, ch. 332, § 17; May 22.
At such time as the board of Kansas Venture Capital, Inc. redeems all of its nonvoting preferred stock as authorized pursuant to K.S.A. 74-8203, and amendments thereto, the provisions of K.S.A. 74-8203, 74-8204, 74-8207, 74-8208, 74-8209 and 74-8210 shall expire.
History: L. 1998, ch. 108, § 8; July 1.
History: L. 2002, ch. 115, § 1; L. 2003, ch. 154, § 76; Repealed, L. 2004, ch. 112, § 86; July 1.
History: L. 2002, ch. 115, § 2; L. 2003, ch. 20, § 1; Repealed, L. 2004, ch. 112, § 86; July 1.
History: L. 2002, ch. 115, § 3; L. 2003, ch. 20, § 4; Repealed, L. 2004, ch. 112, § 86; July 1.
History: L. 2002, ch. 115, § 4; Repealed, L. 2004, ch. 112, § 86; July 1.
History: L. 2002, ch. 115, § 5; L. 2003, ch. 20, § 2; Repealed, L. 2004, ch. 112, § 86; July 1.
History: L. 2002, ch. 115, § 6; L. 2003, ch. 20, § 3; Repealed, L. 2004, ch. 112, § 86; July 1.
History: L. 2002, ch. 115, §§ 7 to 9; Repealed, L. 2004, ch. 112, § 86; July 1.
The provisions of this act shall be cited as the "Kansas venture capital company act."
History: L. 1986, ch. 285, § 1; May 22.
The purpose of the Kansas venture capital company act is to facilitate the formation of private venture capital companies that meet generally accepted national standards for private venture capital companies, and that make equity investments in the creation and expansion of Kansas businesses which are job and wealth creating enterprises by granting tax credits against the Kansas income tax liability of taxpayers investing in such Kansas venture capital companies and taxpayers acquiring credits pursuant to transfers as provided in K.S.A. 74-8304a.
History: L. 1986, ch. 285, § 2; L. 1987, ch. 322, § 1; April 16.
For the purposes of this act, the following terms shall have the meanings provided herein, unless the context clearly indicates otherwise:
(a) "Department" means the department of commerce;
(b) "equity" means all forms of equity such as common stock, preferred stock with or without voting rights and without regard to seniority of equity position, forms of subordinate or convertible debt, or both, with warrants or other means of equity conversion attached, or any other means of financing which meet generally accepted national standards for venture capital investment in the United States;
(c) "Kansas business" means any small business owned by an individual, any partnership, association or corporation domiciled in Kansas, or any corporation, even if a wholly owned subsidiary of a foreign corporation, that does business primarily in Kansas or does substantially all of its production in Kansas;
(d) "Kansas venture capital company" means any for-profit partnership, limited liability company or corporation that has as its primary business activity the investment of funds in return for equity in ventures that are in need of capital for expansion, new product development or similar business purposes and that may be certified by the secretary as meeting the criteria of this act and thus eligible for the tax credit provided in this act;
(e) "secretary" means the secretary of the department of commerce;
(f) "cash investment" means money or its equivalent in consideration for:
(1) An equity interest, such as a general or limited partnership interest, common or preferred stock with or without voting rights and without regard to seniority position, forms of subordinate or convertible debt, or both, with warrants or other means of equity conversion attached; or
(2) a debt instrument, such as a note or debenture, which is unsecured, subordinated to the general creditors of the debtor, and requires no payments of principal (other than principal payments required to be made out of any future profits of such debtor) for at least a seven-year period after commencement of its term.
History: L. 1986, ch. 285, § 3; L. 1987, ch. 320, § 1; L. 1998, ch. 108, § 4; July 1.
(a) There shall be allowed as a credit against the tax imposed by the Kansas income tax act on the Kansas taxable income of a taxpayer and against the tax imposed by K.S.A. 40-252, and amendments thereto, on insurance companies for a cash investment in a certified Kansas venture capital company in an amount equal to 25% of such taxpayer's cash investment in any such company in the taxable year in which such investment is made and the taxable years following such taxable year until the total amount of the credit is used. The amount by which that portion of the credit allowed by this section exceeds the taxpayer's liability in any one taxable year may be carried forward until the total amount of the credit is used. If the taxpayer is a corporation having an election in effect under subchapter S of the federal internal revenue code or a partnership, the credit provided by this section shall be claimed by the shareholders of such corporation or the partners of such partnership in the same manner as such shareholders or partners account for their proportionate shares of the income or loss of the corporation or partnership.
(b) The secretary of revenue shall allow credits that are attributable to not more than $50,000,000 of cash investments in certified Kansas venture capital companies and certified local seed capital pools allowable pursuant to K.S.A. 74-8401, and amendments thereto, which shall include not more than $10,000,000 for Kansas Venture Capital, Inc. The credits shall be allocated by the secretary for cash investments in certified Kansas venture capital companies in the order that completed applications for designation as Kansas venture capital companies are received by the secretary. Any certified Kansas venture capital company may apply to the secretary at any time for additional allocation of such credit based upon then committed cash investments, but priority as to such additional allocation shall be determined at the time of such subsequent application. Notwithstanding the provisions of subsection (c), investors in Kansas venture capital companies established after July 1, 1984, which otherwise meet the requirements specified in this act, shall be, upon certification of the Kansas venture capital company, entitled to the tax credit provided in subsection (a) in the calendar year in which the investment was made.
(c) No taxpayer shall claim a credit under this section for cash investment in Kansas Venture Capital, Inc. No Kansas venture capital company shall qualify for the tax credit allowed by Chapter 332 of the 1986 Session Laws of Kansas for investment in stock of Kansas Venture Capital, Inc.
(d) The provisions of this section, and amendments thereto, shall be applicable to cash investments made in any taxable year commencing after December 31, 1985, and prior to January 1, 1998.
(e) For tax year 2013 and all tax years thereafter, the income tax credit provided by this section shall only be available to taxpayers subject to the income tax on corporations imposed pursuant to subsection (c) of K.S.A. 79-32,110, and amendments thereto, and shall be applied only against such taxpayer's corporate income tax liability.
History: L. 1986, ch. 285, § 4; L. 1987, ch. 320, § 2; L. 1987, ch. 321, § 1; L. 1988, ch. 313, § 3; L. 1989, ch. 241, § 1; L. 1990, ch. 291, § 2; L. 1993, ch. 151, § 1; L. 1998, ch. 108, § 5; L. 2012, ch. 135, § 7; January 1, 2013.
Any investor that is not subject to taxation under the provisions of Article 32 of Chapter 79 of the Kansas Statutes Annotated and that makes a cash investment in a certified Kansas venture capital company shall be deemed to acquire an interest in the nature of a transferable credit limited to an amount equal to 25% of such cash investment. Such interest may be transferred to a taxpayer and be claimed by such taxpayer as a credit against the taxpayer's Kansas income tax liability beginning in the taxpayer's taxable year in which the investment in the Kansas venture capital company was made. An investor shall not be entitled to a refund for the interest created under this section. Only the full credit for any one investment may be transferred and such credit may only be transferred one time. A credit acquired by transfer shall be subject to the limitations prescribed by K.S.A. 74-8304 and amendments thereto. Documentation of any credit acquired by transfer shall be provided by the taxpayer in the manner required by the director of taxation.
History: L. 1987, ch. 322, § 2; April 16.
The secretary shall adopt rules and regulations to implement this act on or before October 1, 1986.
History: L. 1986, ch. 285, § 5; May 22.
(a) The secretary shall promulgate rules and regulations for making an application for certification of a Kansas venture capital company and shall specify the information that must be submitted at the time of application. No Kansas venture capital company shall be certified until the secretary has adopted rules and regulations as required in K.S.A. 74-8305 and amendments thereto. A company seeking to be certified as a Kansas venture capital company must specify the level of cash investment that the company expects to qualify for the tax credits provided for in this act. The application must show that the applicant's purpose is to encourage and assist in the creation, development and expansion of Kansas businesses and to provide maximum opportunities for the employment of Kansans by making venture capital available to Kansas businesses as described and defined in K.S.A. 74-8303 and amendments thereto.
(b) The secretary shall promulgate rules and regulations defining the equivalent of money for the purposes of cash investments under the provisions of this act.
(c) The department, through the secretary, shall review the articles of incorporation or the articles of partnership of each applicant for certification and the business history of the applicant and determine that the capitalization is at least $1,500,000.
(d) Within 60 days of application, the secretary shall issue the certification and notify the department of revenue of such certification, or shall refuse the certification and issue an order so providing.
History: L. 1986, ch. 285, § 6; L. 1987, ch. 320, § 3; May 7.
(a) To continue in certification, a Kansas venture capital company must:
(1) Invest at least 30% of its original capitalization at the end of the initial three years in such a manner as to acquire equity in the ventures in which the investments are made;
(2) have invested at least 50% in the same manner at the end of five years; and
(3) have invested at least 75% in the same manner at the end of seven years.
(b) Invest at least 60% of the total investment of the Kansas venture capital company in Kansas businesses in which the funds so invested were to be used solely for the purpose of enhancing their productive capacity within the state, or to add value to goods or services produced or processed within the state.
(c) Until such time as Kansas Venture Capital, Inc. redeems the nonvoting preferred stock representing the investment made by the pooled money investment board pursuant to K.S.A. 74-8203, and amendments thereto, funds invested by Kansas Venture Capital, Inc. shall be invested at 100% in Kansas businesses or in Kansas venture capital companies which invest 100% of the funds invested in such companies by Kansas Venture Capital, Inc. in Kansas businesses in which the funds so invested were to be used solely for the purpose of enhancing their productive capacity within the state, or to add value to goods or services produced or processed within the state. After such redemption by Kansas Venture Capital, Inc., the requirements of this subsection shall expire.
(d) No more than 20% of the assets of a Kansas venture capital company may be invested in the equity of a single business at any one time, unless the Kansas venture capital company can reasonably demonstrate that a greater percentage in a single company at any one time is the result of losses suffered by the Kansas venture capital company in other investments.
(e) The use of invested funds by a Kansas business for oil and gas exploration and development, for real estate development or appreciation, for banking or lending operations, or service or retail are not acceptable investments to qualify for the tax credit provided in this act. Any investments by Kansas venture capital companies in any of these sectors shall not be counted as equity investments for the purpose of continuing certification under this section.
(f) For a service sector firm to be considered as an eligible investment under the provisions of this act, the firm must fall within standard industrial classification codes major service sector groups 70 through 89, and must also demonstrate one of the following:
(1) More than one-half of its gross revenues are a result of sales to commercial or governmental customers outside the state of Kansas; or
(2) more than one-half of its gross revenues are a result of sales to Kansas manufacturing firms within major groups 20 through 39; or
(3) more than one-half of its gross revenues are a result of a combination of sales described in (1) and (2).
(g) Documents and other materials submitted by Kansas venture capital companies or by Kansas businesses for purposes of the continuance and certification shall not be public records if such records are trade secrets under the uniform trade secrets act (K.S.A. 60-3320 et seq., and amendments thereto) or determined by the secretary to be business secrets and shall be maintained in a secured environment by the secretary.
(h) At the time of an initial investment by a certified Kansas venture capital company, no investors in that certified Kansas venture capital company shall own a majority equity interest in a business in which the venture capital company is investing.
History: L. 1986, ch. 285, § 7; L. 1987, ch. 319, § 3; L. 1990, ch. 291, § 1; L. 1994, ch. 268, § 2; L. 1998, ch. 108, § 6; L. 2005, ch. 67, § 12; July 1.
(a) Each qualified Kansas venture capital company shall report to the secretary on an annual basis such information as the secretary requires to be submitted to maintain certification. As a part of such information, each Kansas venture capital company shall report the name, address and taxpayer identification number of each investor who has invested in such company and amounts invested by each such investor. Investors who are exempt from income taxation and who transfer income tax credits to a taxpayer shall report to the venture capital company the name, address and taxpayer identification number of the taxpayer who acquires the credit and the company shall report this information to the secretary.
(b) The secretary shall provide this information contained in subsection (a) to the department of revenue on an annual basis.
(c) The secretary shall conduct an annual review of each Kansas venture capital company certified under the program to determine if the Kansas venture capital company is in compliance with the requirements of certification, to advise the Kansas venture capital company as to the certification status of its investments, and to ensure that no investment has been made in violation of the provisions of this act or rules and regulations promulgated by the department. The reasonable costs of the annual review shall be paid by each Kansas venture capital company according to a reasonable fee schedule adopted by the secretary. Any violation shall be grounds for decertification under this section.
(d) If the Kansas venture capital company has met the fifth year, seventh year and ninth year investment levels and has subsequently sold any of the companies in which those equity investments were made, the temporary liquidity of the Kansas venture capital company prior to reinvestment in the equity of new ventures will not be cause for decertification.
(e) In undertaking the annual review the secretary shall use reasonable and generally accepted national standards of venture capital company practice. If the secretary determines that a company is not in substantial compliance with the requirements for continuing in certification, the secretary shall, by written notice, inform the officers of the company and the board of directors or partners that they will be decertified in 120 days from the date of mailing of the notice unless they correct the deficiencies and are once again in compliance with the requirements for certification.
(f) At the end of the 120-day period, if the Kansas venture capital company is still not in substantial compliance, the secretary shall send a notice of decertification to the company and to the secretary of the department of revenue. Decertification of a Kansas venture capital company shall cause the forfeiture of any right or interest to the tax credit under the provisions of this act and shall cause the total amount of tax credit previously claimed by persons under the program to be due and payable with that year's income tax liability.
(g) Following each annual examination, the secretary shall notify the department of revenue of any Kansas venture capital companies that are not in compliance with this section.
(h) The department of revenue shall send written notice to the address of each person whose tax credit has been forfeited, using the address last shown on the person's last income tax filing.
History: L. 1986, ch. 285, § 8; L. 1987, ch. 322, § 3; April 16.
(a) Investors in a Kansas venture capital company are required to remit to the secretary of revenue full payment for all tax credits claimed under the Kansas venture capital company act if (1) at any time the Kansas venture capital company is decertified by the department of commerce for noncompliance with the Kansas venture capital company act or (2) the Kansas venture capital company voluntarily decertifies itself prior to the end of the seventh year following its certification.
(b) Investors in a Kansas venture capital company are entitled to keep all of the tax credits claimed under the Kansas venture capital company act if the Kansas venture capital company is in compliance with the Kansas venture capital company act and voluntarily decertifies itself after the end of the seventh year following its certification.
(c) A Kansas venture capital company may voluntarily decertify itself by sending written notice of decertification to the secretary of commerce.
History: L. 1986, ch. 285, § 9; L. 1987, ch. 320, § 4; May 7.
(a) Pursuant to K.S.A. 74-5049, and amendments thereto, the secretary shall report the following:
(1) The number of Kansas venture capital companies;
(2) the total tax credit generated;
(3) the total investments made in Kansas venture capital companies;
(4) the total investments in Kansas businesses by Kansas venture capital companies;
(5) an estimate of jobs created or preserved under the program; and
(6) an estimate of the multiplier effect on the Kansas economy of the program.
(b) Additionally, in the report the secretary shall evaluate the success of the program in collaboration with the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives, and may include specific recommendations for legislation.
History: L. 1986, ch. 285, § 10; L. 1993, ch. 136, § 16; L. 1996, ch. 205, § 11; L. 2012, ch. 65, § 21; L. 2013, ch. 134, § 17; July 1.
The state of Kansas shall not be held liable for any damages to an investor in a Kansas venture capital company.
History: L. 1986, ch. 285, § 11; May 22.
(a) The secretary is hereby authorized to facilitate the establishment of a technology-based venture-capital fund in which the department may invest only moneys from the economic development initiatives fund specifically so allocated. The department may also credit the fund with gifts, donations or grants received from any source other than state government and with proceeds from the fund. Investments in the fund shall qualify for the income tax credit allowed pursuant to K.S.A. 74-8304, and amendments thereto.
(b) The technology-based venture-capital fund may invest the assets as follows:
(1) To carry out the purposes of this act through investments in qualified securities and through the forms of financial assistance authorized by this act, including:
(A) Loans, loans convertible to equity, and equity;
(B) leaseholds;
(C) management or consultant service agreements;
(D) loans with warrants attached that are beneficially owned by the fund;
(E) loans with warrants attached that are beneficially owned by a party other than the fund; and
(F) the fund, in connection with the provision of any form of financial assistance, may enter into royalty agreements with an enterprise.
(2) To invest in such other investments as are lawful for Kansas fiduciaries pursuant to K.S.A. 58-24a02, and amendments thereto.
(c) Distributions received by the corporation may be reinvested in any fund consistent with the purposes of this act.
(d) The secretary may invest only in a fund whose investment guidelines permit the fund's purchase of qualified securities issued by an enterprise as a part of a resource and technology project subject to the following:
(1) Receipt of an application from the enterprise which contains:
(A) A business plan including a description of the enterprise and its management, product and market;
(B) a statement of the amount, timing and projected use of the capital required;
(C) a statement of the potential economic impact of the enterprise, including the number, location and types of jobs expected to be created; and
(D) such other information as the fund manager or the fund's board of directors shall request.
(2) Approval of the investment by the fund may be made after the fund manager or the fund's board of directors finds, based upon the application submitted by the enterprise and such additional investigation as the fund manager or the fund's board of directors shall make and incorporate in its minutes, that:
(A) The proceeds of the investment will be used only to cover the venture-capital needs of the enterprise except as authorized by this section;
(B) the enterprise has a reasonable possibility of success;
(C) the fund's participation is instrumental to the success of the enterprise because funding otherwise available for the enterprise is not available on commercially feasible terms;
(D) the enterprise has the reasonable potential to create a substantial amount of employment within the state;
(E) the entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial and time commitment to the enterprise;
(F) the securities to be purchased are qualified securities;
(G) there is a reasonable possibility that the fund will recoup at least its initial investment; and
(H) binding commitments have been made to the fund by the enterprise for adequate reporting of financial data to the fund, which shall include a requirement for an annual report, or if required by the fund manager, an annual audit of the financial and operational records of the enterprise, and for such control on the part of the fund as the fund manager shall consider prudent over the management of the enterprise, so as to protect the investment of the fund, including in the discretion of the fund manager and without limitation, the right of access to financial and other records of the enterprise.
(e) All investments made pursuant to this section shall be evaluated by the fund's investment committee and the fund shall be audited annually by an independent auditing firm.
(f) The fund shall not make investments in qualified securities issued by enterprises in excess of the amount necessary to own more than 49% of the qualified securities in any one enterprise at the time of the purchase by the fund, after giving effect to the conversion of all outstanding convertible qualified securities of the enterprise, except that in the event of severe financial difficulty of the enterprise, threatening, in the judgment of the fund manager, the investment of the fund therein, a greater percentage of such securities may be owned by the fund.
(g) At least 75% of the total investment of the fund must be in Kansas businesses.
(h) For tax year 2013 and all tax years thereafter, the income tax credit provided by this section shall only be available to taxpayers subject to the income tax on corporations imposed pursuant to subsection (c) of K.S.A. 79-32,110, and amendments thereto, and shall be applied only against such taxpayer's corporate income tax liability.
History: L. 1995, ch. 127, § 1; L. 2001, ch. 75, § 12; L. 2011, ch. 104, § 32; L. 2012, ch. 135, § 8; January 1, 2013.
The secretary shall transmit annually to the governor, the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives:
(a) The annual statement of the fund; and
(b) a report, based upon information received by the fund manager, which specifies the following:
(1) The manner in which the purpose as described in this act has been carried out by the fund.
(2) The total investments made annually by the fund in Kansas businesses.
(3) An estimate of jobs created and jobs preserved by investments by the fund in Kansas businesses.
(4) An estimate of the multiplier effect on the Kansas economy of investments by the fund in Kansas businesses.
(5) An analysis of the targeting of scarce resources by the fund by size, sector and location to enterprises of particular need and opportunity.
History: L. 1995, ch. 127, § 2; L. 2011, ch. 104, § 33; L. 2012, ch. 65, § 22; L. 2013, ch. 134, § 18; July 1.
No enterprise shall be eligible to receive investment pursuant to this act if the secretary or any employee of the department, or any officer, employee or member of the board of directors of either the fund or any other entity which has a substantial interest in the enterprise. For the purposes of this section, the term "substantial interest" shall have the meaning ascribed to it in K.S.A. 46-229, and amendments thereto.
History: L. 1995, ch. 127, § 3; L. 2011, ch. 104, § 34; July 1.
For purposes of this act:
(a) "Department" means the department of commerce;
(b) "fund" means any venture-capital fund whether organized as a corporation, partnership, limited partnership, limited liability company or other business entity, as well as any separately organized entity, which manages any such fund;
(c) "fund manager" means any person or persons, approved by the secretary, legally responsible for the investment and management of a fund's assets pursuant to statute or contract; and
(d) "secretary" means the secretary of commerce.
History: L. 1995, ch. 127, § 4; L. 2011, ch. 104, § 35; July 1.
(a) There shall be allowed as a credit against the tax imposed by the Kansas income tax act on the Kansas taxable income of a taxpayer and against the tax imposed by K.S.A. 40-252, and amendments thereto, on insurance companies for cash investment in a certified local seed capital pool an amount equal to 25% of such taxpayer's cash investment in any such pool in the taxable year in which such investment is made and the taxable years following such taxable year until the total amount of the credit is used. The amount by which that portion of the credit allowed by this section exceeds the taxpayer's liability in any one taxable year may be carried forward until the total amount of the credit is used. If the taxpayer is a corporation having an election in effect under subchapter S of the federal internal revenue code or a partnership, the credit provided by this section shall be claimed by the shareholders of such corporation or the partners of such partnership in the same manner as such shareholders or partners account for their proportionate shares of the income or loss of the corporation or partnership.
(b) The total amount of credits allowable pursuant to this section and credits allowable pursuant to K.S.A. 74-8205, 74-8206 and 74-8304, and amendments thereto, shall be attributable to not more than $50,000,000 of cash investments in Kansas venture capital companies, Kansas Venture Capital, Inc. and local seed capital pools. With respect to the additional amount of cash investments made eligible for tax credits by this act, $10,000,000 of such amount shall be dedicated and reserved until December 31, 1990, for cash investments in a seed capital fund or funds in which the department of commerce is an investor. The $50,000,000 amount of cash investments now eligible for the tax credits allowed pursuant to this section and K.S.A. 74-8205, 74-8206 and 74-8304, and amendments thereto, shall be reduced to the extent that the total amount of cash investments received by such seed capital fund or funds before January 1, 1991, is less than $10,000,000. However, any such credits which were not claimed for investments made prior to January 1, 1991, may be allowed to a taxpayer for cash investment made in Kansas Venture Capital, Inc. pursuant to K.S.A. 74-8205 and 74-8206, and amendments thereto, not to exceed $2,595,236 of the $10,000,000 reserved under this subsection for investment in seed capital funds in which the department of commerce was an investor. A taxpayer may also be allowed a credit for cash investment made pursuant to K.S.A. 74-8304, and amendments thereto, not to exceed $6,012,345 of the $10,000,000 reserved under this subsection if such taxpayer first purchases the entire interest of the department of commerce in Kansas venture capital companies established prior to January 1, 1991. However, no credit shall be allowed for cash investment which results in the purchase of the interest of the Kansas technology enterprise corporation or its subsidiaries in Kansas venture capital companies established prior to January 1, 1991.
(c) As used in this section, (1) "local seed capital pool" means money invested in a fund established to provide funding for use by small businesses for any one or more of the following purposes: (A) Development of a prototype product or process; (B) a marketing study to determine the feasibility of a new product or process; or (C) a business plan for the development and production of a new product or process; and
(2) "Kansas business" means any small business owned by an individual, any partnership, association or corporation domiciled in Kansas, or any corporation, even if a wholly owned subsidiary of a foreign corporation, that does business primarily in Kansas or does substantially all of its production in Kansas.
(d) No credit from income tax liability shall be allowed for cash investment in a local seed capital pool unless: (1) The amount of private cash investment therein is $200,000 or more; (2) the moneys necessary to administer and operate the pool are funded from sources other than the private and public cash investments; and (3) funds invested by the local seed capital pool shall be invested at 100% in Kansas businesses.
(e) Public funds may be invested in a local seed capital pool except that each dollar of public funds, other than that which may be used to administer and operate a pool, shall be matched by not less than $2 of private cash investment. Public funds shall have a senior position to any private cash investment and may receive a lower rate of return than that allowable for a private cash investment.
(f) The provisions of this section, and amendments thereto, shall be applicable to all taxable years commencing after December 31, 1986.
(g) For tax year 2013 and all tax years thereafter, the income tax credit provided by this section shall only be available to taxpayers subject to the income tax on corporations imposed pursuant to subsection (c) of K.S.A. 79-32,110, and amendments thereto, and shall be applied only against such taxpayer's corporate income tax liability.
History: L. 1987, ch. 365, § 1; L. 1988, ch. 313, § 4; L. 1989, ch. 241, § 2; L. 1996, ch. 236, § 2; L. 1998, ch. 108, § 7; L. 1998, ch. 177, § 1; L. 2011, ch. 104, § 36; L. 2012, ch. 135, § 9; January 1, 2013.
(a) The secretary of commerce shall promulgate rules and regulations for making an application for certification of a local seed capital pool and shall specify the information that must be submitted at the time of application. An applicant seeking to be certified as a local seed capital pool must specify the level of capitalization that the company expects to qualify for the tax credits provided for in this act. The application must show that the applicant's purpose is to encourage and assist in the creation of Kansas businesses and to provide maximum opportunities for the employment of Kansans by making seed capital available to Kansas businesses.
(b) The department of commerce, through the secretary, shall review the articles of incorporation or the articles of partnership of each applicant for certification and the business history of the applicant and determine that the capitalization is at least $200,000.
(c) Within 60 days of application, the secretary of commerce shall issue the certification and notify the department of revenue of such certification, or shall refuse the certification and issue an order so providing.
History: L. 1987, ch. 365, § 2; July 1.
(a) Each qualified local seed capital pool shall report to the secretary of commerce on an annual basis such information as the secretary requires to be submitted to maintain certification. As a part of such information, each local seed capital pool shall report the name, address and taxpayer identification number of each taxpayer who has invested in such pool and amounts invested by each such taxpayer.
(b) The secretary of commerce shall provide this information contained in subsection (a) to the department of revenue on an annual basis.
(c) The secretary of commerce shall conduct an annual review of each local seed capital pool certified to determine if the local seed capital pool is in compliance with the requirements of certification, to advise the local seed capital pool as to the certification status of its investments, and to ensure that no investment has been made in violation of the provisions of this act or rules and regulations promulgated by the department. The reasonable costs of the annual review shall be paid by each local seed capital pool according to a reasonable fee schedule adopted by the secretary. Any violation shall be grounds for decertification under this section.
(d) In undertaking the annual review the secretary of commerce shall use reasonable and generally accepted national standards of seed capital investment practice. If the secretary determines that a local seed capital pool is not in substantial compliance with the requirements for continuing in certification, the secretary shall, by written notice, inform the officers of the pool and the board of directors or partners that they will be decertified in 120 days from the date of mailing of the notice unless they correct the deficiencies and are once again in compliance with the requirements for certification.
(e) At the end of the 120-day period, if the local seed capital pool is still not in substantial compliance, the secretary of commerce shall send a notice of decertification to the pool and to the secretary of the department of revenue. Decertification of a local seed capital pool shall cause the forfeiture by the pool of any right or interest to the tax credit under the provisions of this act and shall cause the total amount of tax credit previously claimed by persons under the program to be due and payable.
(f) Following each annual examination, the secretary shall notify the department of revenue of any local seed capital pools that are not in compliance with this section.
History: L. 1987, ch. 365, § 3; July 1.
At any time after the end of the seventh year of certification, a local seed capital pool which is in compliance with this act may voluntarily decertify itself by sending written notice of decertification to the secretary of commerce and, in such case, the investors shall not be liable for repayment to the state of credit amounts claimed under this act. A local seed capital pool which is not in compliance with the provisions of this act may voluntarily decertify itself by sending written notice of decertification to the secretary and by remitting to the secretary of the department of revenue full payment of all tax credits claimed by investors under its participation in the certification program which cost shall be borne by the pool's partners.
History: L. 1987, ch. 365, § 4; July 1.
(a) Pursuant to K.S.A. 74-5049, and amendments thereto, the secretary of commerce shall report the following:
(1) The number of local seed capital pools;
(2) the total tax credit generated;
(3) the total investments made in Kansas venture capital companies;
(4) the total investments in Kansas businesses by local seed capital pools;
(5) an estimate of jobs created or preserved under the program; and
(6) an estimate of the multiplier effect on the Kansas economy of the program.
(b) Additionally, in the report the secretary shall evaluate the success of the program in collaboration with the standing committee on commerce of the senate and the standing committee on commerce, labor and economic development of the house of representatives, and may include specific recommendations for legislation.
History: L. 1987, ch. 365, § 5; L. 1993, ch. 136, § 17; L. 1996, ch. 205, § 12; L. 2003, ch. 154, § 77; L. 2012, ch. 65, § 23; L. 2013, ch. 134, § 19; July 1.
The state of Kansas shall not be held liable for any damages to an investor in a local seed capital pool.
History: L. 1987, ch. 365, § 6; July 1.
History: L. 1987, ch. 286, § 1; L. 1989, ch. 242, § 1; Expired, December 31, 1990.
History: L. 1987, ch. 286, § 2; L. 1989, ch. 242, § 2; Expired, December 31, 1990.
History: L. 1987, ch. 286, § 3; Expired, December 31, 1990.
History: L. 1987, ch. 286, § 4; Expired, December 31, 1990.
History: L. 1987, ch. 286, § 5; L. 1989, ch. 242, § 3; L. 1989, ch. 243, § 1; Expired, December 31, 1990.
History: L. 1987, ch. 203, §§ 1 to 5; Repealed, L. 1996, ch. 74, § 1; July 1.
History: L. 1987, ch. 203, § 6; L. 1990, ch. 292, § 1; Repealed, L. 1992, ch. 116, § 54; July 1.
K.S.A. 74-8701 through 74-8721 shall be known as and may be cited as the Kansas lottery act.
History: L. 1987, ch. 292, § 1; March 19.
As used in the Kansas lottery act, unless the context otherwise requires:
(a) "Ancillary lottery gaming facility operations" means additional non-lottery facility game products and services not owned and operated by the state that may be included in the overall development associated with the lottery gaming facility. Such operations may include, but are not limited to, restaurants, hotels, motels, museums or entertainment facilities.
(b) "Auto racetrack facility" means the same as defined in K.S.A. 12-17,162, and amendments thereto, and that is located in Wyandotte county with a minimum investment of $50,000,000 and is in operation on July 1, 2022.
(c) "Commission" means the Kansas lottery commission.
(d) (1) "Electronic gaming machine" means any electronic, electromechanical, video or computerized device, contrivance or machine authorized by the Kansas lottery that, upon insertion of cash, tokens, electronic cards or any consideration, is available to play, operate or simulate the play of a game authorized by the Kansas lottery pursuant to the Kansas expanded lottery act, including, but not limited to, bingo, poker, blackjack, keno and slot machines, and that may deliver or entitle the player operating the machine to receive cash, tokens, merchandise or credits that may be redeemed for cash. Electronic gaming machines may use bill validators and may be single-position reel-type, single or multi-game video and single-position multi-game video electronic game, including, but not limited to, poker, blackjack and slot machines. Electronic gaming machines shall be directly linked to a central computer at a location determined by the executive director for purposes of security, monitoring and auditing.
(2) "Electronic gaming machine" does not mean an historical horse race machine, as defined in K.S.A. 74-8802, and amendments thereto.
(e) "Employee" means a person who has applied for a position of employment or is currently employed by the lottery in a position of employment within a sensitive area of the lottery.
(f) "Executive director" means the executive director of the Kansas lottery.
(g) "Gaming equipment" means any electric, electronic, computerized or electromechanical machine, mechanism, supply or device or any other equipment, that is: (1) Unique to the Kansas lottery and used pursuant to the Kansas lottery act; (2) integral to the operation of an electronic gaming machine or lottery facility game; and (3) affects the results of an electronic gaming machine or lottery facility game by determining win or loss.
(h) "Gaming zone" means: (1) The northeast Kansas gaming zone, which consists of Wyandotte county; (2) the southeast Kansas gaming zone, which consists of Crawford and Cherokee counties; (3) the south central Kansas gaming zone, which consists of Sedgwick and Sumner counties; and (4) the southwest Kansas gaming zone, which consists of Ford county.
(i) "Gray machine" means any mechanical, electro-mechanical or electronic device, capable of being used for gambling, that is: (1) Not authorized by the Kansas lottery; (2) not linked to a lottery central computer system; (3) available to the public for play; or (4) capable of simulating a game played on an electronic gaming machine or any similar gambling game authorized pursuant to the Kansas expanded lottery act.
(j) "Interactive sports wagering platform" means an integrated system of hardware, software and applications, including, but not limited to, mobile applications and servers, through which sports wagering may be made available to persons physically located within the state of Kansas at the time of submitting the wager to a sports wagering manager over the internet or wireless services as defined in K.S.A. 66-2019, and amendments thereto, including, but not limited to, through websites and mobile device applications.
(k) (1) "Instant bingo vending machine" means a machine or electronic device that is purchased or leased by a licensee, as defined by K.S.A. 75-5173, and amendments thereto, from a distributor who has been issued a distributor registration certificate pursuant to K.S.A. 75-5184, and amendments thereto, or leased from the Kansas lottery in fulfillment of the Kansas lottery's obligations under an agreement between the Kansas lottery and a licensee entered into pursuant to K.S.A. 75-5189, and amendments thereto, and the sole purpose of which is to:
(A) Dispense a printed physical instant bingo ticket after a purchaser inserts cash or other form of consideration into the machine; and
(B) allow purchasers to manually check the winning status of the instant bingo ticket.
(2) "Instant bingo vending machine" shall not:
(A) Provide a visual or audio representation of a bingo card or an electronic gaming machine;
(B) visually or functionally have the same characteristics of an electronic instant bingo game or an electronic gaming machine;
(C) automatically determine or display the winning status of any dispensed instant bingo ticket;
(D) extend or arrange credit for the purchase of an instant bingo ticket;
(E) dispense any winnings;
(F) dispense any prize;
(G) dispense any evidence of a prize other than an instant bingo ticket;
(H) provide free instant bingo tickets or any other item that can be redeemed for cash; or
(I) dispense any other form of a prize to a purchaser.
All physical instant bingo tickets dispensed by an instant bingo vending machine shall be purchased by a licensee, as defined by K.S.A. 75-5173, and amendments thereto, from a registered distributor.
Not more than two instant bingo vending machines may be located on the premises of each licensee location.
(l) "Kansas lottery" means the state agency created by this act to operate a lottery or lotteries pursuant to this act.
(m) "Lottery" or "state lottery" means the lottery or lotteries operated pursuant to this act.
(n) (1) "Lottery facility games" means any electronic gaming machines and any other games that are authorized to be conducted or operated at any licensed gaming facilities in the United States.
(2) "Lottery facility games" does not include sports wagering or historical horse race machines, as defined in K.S.A. 74-8802, and amendments thereto.
(o) "Lottery gaming enterprise" means an entertainment enterprise that includes a lottery gaming facility authorized pursuant to the Kansas expanded lottery act and ancillary lottery gaming facility operations that have a coordinated business or marketing strategy. A lottery gaming enterprise shall be designed to attract to its lottery gaming facility consumers who reside outside the immediate area of such enterprise.
(p) "Lottery gaming facility" means that portion of a building used for the purposes of operating, managing and maintaining lottery facility games.
(q) "Lottery gaming facility expenses" means normal business expenses, as defined in the lottery gaming facility management contract, associated with the ownership and operation of a lottery gaming facility.
(r) "Lottery gaming facility management contract" means a contract, subcontract or collateral agreement between the state and a lottery gaming facility manager for the management of a lottery gaming facility, the business of which is owned and operated by the Kansas lottery, negotiated and signed by the executive director on behalf of the state.
(s) "Lottery gaming facility manager" means a corporation, limited liability company, resident Kansas American Indian tribe or other business entity authorized to construct and manage, or manage alone, pursuant to a lottery gaming facility management contract with the Kansas lottery, and on behalf of the state, a lottery gaming enterprise and lottery gaming facility.
(t) "Lottery gaming facility revenues" means the total revenues from lottery facility games at a lottery gaming facility after all related prizes are paid. The term "lottery gaming facility revenues" does not include sports wagering revenues.
(u) (1) "Lottery machine" means any machine or device that allows a purchaser to insert cash or other form of consideration and may deliver as the result of an element of chance, regardless of the skill required by the purchaser, a prize or evidence of a prize, including, but not limited to:
(A) Any machine or device in which the prize or evidence of a prize is determined by both chance and the purchaser's or purchasers' skill, including, but not limited to, any machine or device on which a lottery game or lottery games, such as poker or blackjack, are played; or
(B) any machine or device in which the prize or evidence of a prize is determined only by chance, including, but not limited to, any slot machine or bingo machine.
(2) "Lottery machine" shall not mean:
(A) Any food vending machine defined by K.S.A. 36-501, and amendments thereto;
(B) any nonprescription drug machine authorized under K.S.A. 65-650, and amendments thereto;
(C) any machine that dispenses only bottled or canned soft drinks, chewing gum, nuts or candies;
(D) any machine excluded from the definition of gambling devices under K.S.A. 21-4302(d), prior to its repeal, or K.S.A. 21-6403, and amendments thereto;
(E) any electronic gaming machine or lottery facility game operated in accordance with the provisions of the Kansas expanded lottery act;
(F) any lottery ticket vending machine; or
(G) any instant bingo vending machine.
(v) "Lottery retailer" means any person with whom the Kansas lottery has contracted to sell lottery tickets or shares, or both, to the public.
(w) (1) "Lottery ticket vending machine" means a machine or similar electronic device owned or leased by the Kansas lottery, the sole purposes of which are to:
(A) Dispense a printed physical ticket, such as a lottery ticket, a keno ticket, a pull tab ticket or a coupon, the coupon of which must be redeemed through something other than a lottery ticket vending machine, after a purchaser inserts cash or other form of consideration into the machine;
(B) allow purchasers to manually check the winning status of a Kansas lottery ticket; and
(C) display advertising, promotions and other information pertaining to the Kansas lottery.
(2) "Lottery ticket vending machine" shall not:
(A) Provide a visual or audio representation of an electronic gaming machine;
(B) visually or functionally have the same characteristics of an electronic gaming machine;
(C) automatically determine or display the winning status of any dispensed ticket;
(D) extend or arrange credit for the purchase of a ticket;
(E) dispense any winnings;
(F) dispense any prize;
(G) dispense any evidence of a prize other than the lottery ticket, keno ticket, pull tab ticket or any free Kansas lottery ticket received as a result of the purchase of another Kansas lottery ticket;
(H) provide free games or any other item that can be redeemed for cash; or
(I) dispense any other form of a prize to a purchaser.
Not more than two lottery ticket vending machines may be located at each Kansas lottery retailer selling location.
Lottery ticket vending machines may only dispense the printed physical lottery ticket, keno ticket or pull tab ticket, including any free Kansas lottery ticket received as a result of the purchase of another Kansas lottery ticket, and change from a purchase to the purchaser. Any winnings from a lottery ticket vending machine shall be redeemed only for cash or check by a lottery retailer or by cash, check or other prize from the office of the Kansas lottery.
(x) (1) "Major procurement" means any gaming product or service, including, but not limited to, facilities, advertising and promotional services, annuity contracts, prize payment agreements, consulting services, equipment, tickets and other products and services unique to the Kansas lottery, but not including materials, supplies, equipment and services common to the ordinary operations of state agencies.
(2) "Major procurement" shall not mean any product, service or other matter covered by or addressed in the Kansas expanded lottery act or a lottery gaming facility management contract or racetrack gaming facility management contract executed pursuant to the Kansas expanded lottery act.
(y) "Marketing agreement" means an agreement entered into between a professional sports team or other marketing entity and a lottery gaming facility manager for the purposes described in K.S.A. 2025 Supp. 74-8784, and amendments thereto.
(z) "Marketing entity" means:
(1) A corporation, limited liability company, partnership or other business entity registered to do business in this state; or
(2) a nonprofit fraternal or veterans organization.
(aa) "Match-fixing" means to arrange or determine any action that occurs during a sporting event, including, but not limited to, any action resulting in the final outcome of such sporting event, for financial gain.
(bb) "Net electronic gaming machine income" means all cash or other consideration utilized to play an electronic gaming machine operated at a racetrack gaming facility, less all cash or other consideration paid out to winning players as prizes.
(cc) "Nonprofit fraternal organization" means any organization within this state that exists for the common benefit, brotherhood or other interests of its members and is authorized by its written constitution, charter, articles of incorporation or bylaws to engage in a fraternal, civic or service purpose within this state and has been determined by the executive director to be organized and operated as a bona fide fraternal organization and that has been exempted from the payment of federal income taxes as provided by section 501(c)(8) or section 501(c)(10) of the federal internal revenue code of 1986, as amended, or determined to be organized and operated as a bona fide nonprofit fraternal organization by the executive director.
(dd) "Nonprofit veterans' organization" means any organization within this state or any branch, lodge or chapter of a national or state organization within this state, the membership of which consists exclusively of individuals who qualify for membership because they were or are members of the armed services or forces of the United States, or an auxiliary unit or society of such a nonprofit veterans' organization, the membership of which consists exclusively of individuals who were or are members of the armed services or forces of the United States, or are cadets, or are spouses, widows or widowers of individuals who were or are members of the armed services or forces of the United States, and of which no part of the net earnings inures to the benefit of any private shareholder or individual member of such organization, and has been determined by the executive director to be organized and operated as a bona fide veterans' organization and that has been exempted from the payment of federal income taxes as provided by section 501(c)(4) or 501(c)(19) of the federal internal revenue code of 1986, as amended, or determined to be organized and operated as a bona fide nonprofit veterans' organization by the executive director.
(ee) "Organization licensee" means the same as defined in K.S.A. 74-8802, and amendments thereto.
(ff) "Parimutuel licensee" means a facility owner licensee or facility manager licensee under the Kansas parimutuel racing act.
(gg) "Parimutuel licensee location" means a racetrack facility, as defined in K.S.A. 74-8802, and amendments thereto, owned or managed by the parimutuel licensee. A parimutuel licensee location includes any existing structure at such racetrack facility or any structure that may be constructed on real estate where such racetrack facility is located.
(hh) "Person" means any natural person, association, limited liability company, corporation or partnership.
(ii) "Primary facility" means the stadium or arena where a professional sports team hosts competitive games in accordance with such team's league rules.
(jj) "Prize" means any prize paid directly by the Kansas lottery pursuant to the Kansas lottery act or the Kansas expanded lottery act or any rules and regulations adopted pursuant to either act.
(kk) "Professional sports team" means an athletic team, whose primary facility is located in Kansas, that operates at the major league level in the sport of baseball, basketball, football, ice hockey or soccer.
(ll) "Progressive electronic game" means a game played on an electronic gaming machine for which the payoff increases uniformly as the game is played and for which the jackpot, determined by application of a formula to the income of independent, local or interlinked electronic gaming machines, may be won.
(mm) "Racetrack gaming facility" means that portion of a parimutuel licensee location where electronic gaming machines are operated, managed and maintained.
(nn) "Racetrack gaming facility management contract" means an agreement between the Kansas lottery and a racetrack gaming facility manager, negotiated and signed by the executive director on behalf of the state, for placement of electronic gaming machines owned and operated by the state at a racetrack gaming facility.
(oo) "Racetrack gaming facility manager" means a parimutuel licensee specifically certified by the Kansas lottery to become a certified racetrack gaming facility manager and offer electronic gaming machines for play at the racetrack gaming facility.
(pp) "Returned ticket" means any ticket that was transferred to a lottery retailer, that was not sold by the lottery retailer and that was returned to the Kansas lottery for refund by issuance of a credit or otherwise.
(qq) "Share" means any intangible manifestation authorized by the Kansas lottery to prove participation in a lottery game, except as provided by the Kansas expanded lottery act.
(rr) "Sports governing body" means the organization that prescribes the final rules and enforces codes of conduct with respect to a sporting event and the participants in such event.
(ss) (1) "Sporting event" means any professional or collegiate sport or athletic event, motor race event or any other special event authorized by the commission that has not occurred at the time wagers are placed on such event.
(2) The term "sporting event" does not include:
(A) Any horse race that is subject to the provisions of the Kansas parimutuel racing act, K.S.A. 74-8801 et seq., and amendments thereto;
(B) any greyhound race; or
(C) any sporting or athletic event where a majority of the participants are less than 18 years of age.
(tt) (1) "Sports wagering" means placing a wager or bet on one or more sporting events, or any portion thereof, or on the individual performance statistics of athletes participating in a sporting event, or combination of sporting events, by any system or method of wagering at or through a lottery gaming facility, including through an interactive sports wagering platform. "Sports wagering" includes, but is not limited to, single game wagers, teaser wagers, parlays, over-under wagers, moneyline wagers, pools, exchange wagering, in-game wagers, in-play wagers, proposition wagers, straight wagers and such other wagers approved by the commission.
(2) The term "sports wagering" shall not include:
(A) Parimutuel wagering, as defined in K.S.A. 74-8802, and amendments thereto; or
(B) fantasy sports leagues, as defined in K.S.A. 21-6403, and amendments thereto.
(uu) "Sports wagering revenues" means wagering revenue generated from sports wagering that is an amount equal to the total wagers less any voided wagers, federal excise taxes, free plays or other promotional credits and any amounts paid as prizes.
(vv) "Sports wagering supplier" means a person providing goods, services, software or any other components necessary for the determination of the odds or the outcomes of any wager on a sporting event, directly or indirectly, to a lottery gaming facility manager, including data feeds and odds services, that is licensed under K.S.A. 2025 Supp. 74-8783, and amendments thereto.
(ww) "Ticket" means any tangible evidence issued by the Kansas lottery to prove participation in a lottery game, including a sports wager, other than a lottery facility game.
(xx) "Token" means a representative of value, of metal or other material, that is not legal tender, redeemable for cash only by the issuing lottery gaming facility manager or racetrack gaming facility manager and that is issued and sold by a lottery gaming facility manager or racetrack gaming facility manager for the sole purpose of playing an electronic gaming machine or lottery facility game.
(yy) "Vendor" means any person who has entered into a major procurement contract with the Kansas lottery.
(zz) "Video lottery machine" means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game authorized by the commission, including, but not limited to, bingo, poker, black jack and keno, and which uses a video display and microprocessors and in which, by chance, the player may receive free games or credits that can be redeemed for cash.
(aaa) "Wager" or "bet" means a bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement.
History: L. 1987, ch. 292, § 2; L. 1988, ch. 314, § 1; L. 1989, ch. 244, § 1; L. 1992, ch. 299, § 2; L. 2001, ch. 24, § 5; L. 2007, ch. 110, § 1; L. 2011, ch. 30, § 259; L. 2018, ch. 96, § 1; L. 2022, ch. 91, § 24; L. 2024, ch. 15, § 73; July 1.
(a) There is hereby established an independent state agency to be called the Kansas lottery, the head of which shall be the executive director of the Kansas lottery. Under the supervision of the executive director, the Kansas lottery shall administer the state lottery as provided in this act. The overall management of the state lottery and control over the operation of its games shall rest solely with the Kansas lottery.
(b) The executive director shall be appointed by the governor, subject to confirmation by the senate as provided by K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as executive director shall exercise any power, duty or function as executive director until confirmed by the senate. The executive director shall be in the unclassified service and shall receive an annual salary fixed by the governor, subject to the limitations of appropriations therefor.
(c) The executive director shall appoint persons to the following positions to serve as full-time employees of the state in the unclassified service with compensation fixed by the executive director and approved by the governor, subject to the limitations of appropriations therefor:
(1) A deputy executive director;
(2) a director of security;
(3) a director of administration;
(4) a director of sales and such professional sales related positions as may be necessary within the sales division;
(5) a director of marketing and such professional marketing related positions as may be necessary within the marketing division; and
(6) one personal secretary and one special assistant to the executive director.
(d) Until such time as the Kansas lottery begins the operation of its games, temporary staffing, budgeting, purchasing and related management functions shall be provided by the Kansas department of revenue and other state agencies as directed by the governor to achieve maximum coordination in the planning and implementation of the Kansas lottery.
(e) For a period of 18 months after the effective date of this act, the state director of purchases, upon request of the executive director, shall make emergency purchases, other than purchases of major procurements, on behalf of the Kansas lottery pursuant to subsection (a)(5) of K.S.A. 75-3739, and amendments thereto, when the timely implementation of the Kansas lottery requires the immediate delivery of supplies, materials or equipment or the immediate performance of services. The award of any contract for any such purchase shall be subject to the approval of the executive director.
History: L. 1987, ch. 292, § 3; L. 1989, ch. 245, § 1; L. 2008, ch. 121, § 14; July 1.
(a) The executive director shall have the power to:
(1) Supervise and administer the operation of the state lottery in accordance with the provisions of this act and such rules and regulations as adopted hereunder.
(2) Appoint, subject to the Kansas civil service act and within the limitations of appropriations therefor, all other employees of the Kansas lottery, which employees shall be in the classified service unless otherwise specifically provided by this act.
(3) Enter into contracts for advertising and promotional services, subject to the provisions of subsection (b); annuities or other methods deemed appropriate for the payment of prizes; data processing and other technical products, equipment and services; and facilities as needed to operate the Kansas lottery, including, but not limited to, gaming equipment, tickets and other services involved in major procurement contracts, in accordance with K.S.A. 74-8705, and amendments thereto.
(4) Enter into contracts with persons for the sale of lottery tickets or shares to the public, as provided by this act and rules and regulations adopted pursuant to this act, which contracts shall not be subject to the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto.
(5) Require lottery retailers to furnish proof of financial stability or furnish surety in an amount based upon the expected volume of sales of lottery tickets or shares.
(6) Examine, or cause to be examined by any agent or representative designated by the executive director, any books, papers, records or memoranda of any lottery retailer for the purpose of ascertaining compliance with the provisions of this act or rules and regulations adopted hereunder.
(7) Issue subpoenas to compel access to or for the production of any books, papers, records or memoranda in the custody or control of any lottery retailer, or to compel the appearance of any lottery retailer or employee of any lottery retailer, for the purpose of ascertaining compliance with the provisions of this act or rules and regulations adopted hereunder. Subpoenas issued under the provisions of this subsection may be served upon natural persons and corporations in the manner provided in K.S.A. 60-304, and amendments thereto, for the service of process by any officer authorized to serve subpoenas in civil actions or by the executive director or an agent or representative designated by the executive director. In the case of the refusal of any person to comply with any such subpoena, the executive director may make application to the district court of any county where such books, papers, records, memoranda or person is located for an order to comply.
(8) Administer oaths and take depositions to the same extent and subject to the same limitations as would apply if the deposition were in aid of a civil action in the district court.
(9) Require fingerprinting of employees in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(b) The Kansas lottery shall not engage in on-site display advertising or promotion of the lottery at any amateur athletic or sporting event where the majority of participating athletes are under the age of 18, including, but not limited to, events under the jurisdiction and control of the Kansas state high school activities association.
History: L. 1987, ch. 292, § 4; L. 1992, ch. 299, § 1; L. 2015, ch. 62, § 21; L. 2024, ch. 15, § 74; July 1.
(a) Major procurement contracts shall be awarded in accordance with K.S.A. 75-3738 through 75-3744, and amendments thereto, or subsection (b), as determined by the director, except that:
(1) The contract or contracts for the initial lease of facilities for the Kansas lottery shall be awarded upon the evaluation and approval of the director, the secretary of administration and the director of architectural services;
(2) The commission shall designate certain major procurement contracts or portions thereof to be awarded, in accordance with rules and regulations of the commission, solely to minority business enterprises.
(b) (1) The director may award any major procurement contract by use of a procurement negotiating committee. Such committee shall be composed of:
(A) The executive director or a Kansas lottery employee designated by the executive director;
(B) the chairperson of the commission or a commission member designated by the chairperson; and
(C) the director of the division of purchases or an employee of such division designated by the director.
(2) Prior to negotiating a major procurement contract, the committee shall solicit bids or proposals thereon. The division of purchases shall provide staff support for the committee's solicitations. Upon receipt of bids or proposals, the committee may negotiate with one or more of the persons submitting such bids or proposals and select from among such persons the person to whom the contract is awarded. Such procurements shall be open and competitive and shall consider relevant factors, including security, competence, experience, timely performance and maximization of net revenues to the state. If a procurement negotiating committee is utilized, the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto, shall not apply. Meetings conducted by the procurement negotiating committee shall be exempt from the provisions of the Kansas open meeting act, K.S.A. 75-4317 through 75-4320c, and amendments thereto.
(c) (1) Before a major procurement contract is awarded, the executive director shall fingerprint and conduct a state criminal history record check in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto, of:
(A) The vendor to whom the contract is to be awarded;
(B) all officers and directors of such vendor;
(C) all persons who own a 5% or more interest in such vendor;
(D) all persons who own a controlling interest in such vendor; and
(E) any subsidiary or other business in which such vendor owns a controlling interest.
(2) The vendor shall submit appropriate investigation authorizations to facilitate such investigation. The executive director may require, in accordance with rules and regulations of the commission, that a vendor submit any additional information considered appropriate to preserve the integrity and security of the lottery. In addition, the executive director may conduct a background investigation of any person having a beneficial interest in a vendor. The secretary of revenue, securities commissioner, attorney general and director of the Kansas bureau of investigation shall assist in any investigation pursuant to this subsection upon request of the executive director. Whenever the secretary of revenue, securities commissioner, attorney general or director of the Kansas bureau of investigation assists in such an investigation and incurs costs in addition to those attributable to the operations of the office or bureau, such additional costs shall be paid by the Kansas lottery. The furnishing of assistance in such an investigation shall be a transaction between the Kansas lottery and the respective officer and shall be settled in accordance with K.S.A. 75-5516, and amendments thereto.
(3) Upon the request of the chairperson, the Kansas bureau of investigation and other criminal justice agencies shall provide to the chairperson all background investigation information including criminal history record information, arrest and nonconviction data, criminal intelligence information and information relating to criminal and background investigations of a vendor to whom a major procurement contract is to be awarded in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(d) All major procurement contracts shall be subject to approval of the commission.
(e) The executive director shall not agree to any renewal or extension of a major procurement contract unless such extension or renewal is awarded in the manner provided by this section.
History: L. 1987, ch. 292, § 5; L. 1998, ch. 144, § 3; L. 2001, ch. 24, § 4; L. 2007, ch. 110, § 60; L. 2024, ch. 15, § 75; July 1.
The executive director shall have the duty to:
(a) Make and keep books and records which accurately and fairly reflect each day's transactions, including but not limited to: The distribution of tickets and shares to lottery retailers; receipt of funds, prize claims, prize disbursements made by the Kansas lottery or otherwise or prizes liable to be paid by the Kansas lottery; expenses and other financial transactions of the Kansas lottery necessary so as to permit daily accountability.
(b) Make quarterly and annual financial reports to the commission, the governor, the state treasurer and the legislature. Such reports shall be based upon generally accepted accounting principles and include a full and complete statement of lottery revenues, prize disbursements, expenses, net revenues and other financial transactions for the reporting period.
(c) Make available for inspection by the commission, upon request, all books, records, files and other information and documents of the Kansas lottery.
(d) Engage, in accordance with K.S.A. 74-8705, and amendments thereto, an independent firm experienced in marketing research and analysis to conduct periodically an evaluation to determine the effectiveness of marketing, promotion and public information programs used by the Kansas lottery and make recommendations which will enhance such programs.
(e) Prepare and submit budgets and proposals for the operation of the Kansas lottery.
(f) Operate the Kansas lottery in such a manner that, after the initial state appropriation, it is self-sustaining and self-funded.
(g) Make available at the point of sale of any lottery tickets or shares a list of the odds of winning such game, based upon the number of tickets or shares projected to be sold.
(h) Make provision for the timely and efficient transfer of funds due from lottery retailers to the lottery operating fund, including the use of electronic funds transfers whenever possible.
History: L. 1987, ch. 292, § 6; L. 1988, ch. 314, § 2; L. 2001, ch. 24, § 2; July 1.
History: L. 1987, ch. 292, § 7; L. 1993, ch. 10, § 2; L. 2001, ch. 24, § 3; Repealed, L. 2014, ch. 54, § 5; July 1.
(a) The executive director shall select as lottery retailers such persons as deemed best able to serve the public convenience and promote the sale of tickets or shares in accordance with marketing plans developed by the Kansas lottery. In the selection of lottery retailers, the executive director shall consider factors such as financial responsibility, security of the applicant's place of business or activity, accessibility of the applicant's place of business or activity, integrity, reputation, volume of expected sales and such other factors as the executive director may deem appropriate. The executive director may select the state fair board as a lottery retailer to sell lottery tickets or shares only on the state fairgrounds and only during the time of the annual state fair. Other persons lawfully engaged in nongovernmental business on state property may be selected as lottery retailers.
(b) The executive director may charge an application fee to persons applying to become lottery retailers.
(c) All lottery retailer contracts awarded by the Kansas lottery under this act shall be renewable annually after issuance unless sooner canceled or terminated.
(d) No lottery retailer contract awarded under this act shall be transferred or assignable.
(e) Lottery tickets or shares shall only be sold by the lottery retailer at the location approved by the Kansas lottery.
(f) To be selected as a lottery retailer, a natural person acting as a sole proprietor must:
(1) Be at least 18 years of age;
(2) have sufficient financial resources to support the activities required to sell lottery tickets or shares;
(3) be current in payment of all taxes, interest and penalties owed to any taxing subdivision where the lottery retailer will sell lottery tickets or shares;
(4) be current in filing all applicable tax returns and in payment of all taxes, interest and penalties owed to the state of Kansas, excluding items under formal appeal pursuant to applicable statutes; and
(5) not be engaged exclusively in the sale of lottery tickets and shares.
(g) No natural person shall be selected as a lottery retailer who:
(1) Has been convicted of a felony in this or any other jurisdiction, unless at least 10 years have passed since satisfactory completion of the sentence or probation imposed by the court for each such felony;
(2) has been convicted of an illegal gambling activity in this or any other jurisdiction;
(3) has been found to have violated the provisions of this act or any rule and regulation adopted hereunder;
(4) is a vendor or an employee or agent of any vendor doing business with the Kansas lottery;
(5) resides in the same household of an employee of the Kansas lottery or of a member of the commission; or
(6) has made a statement of material fact to the Kansas lottery, knowing such statement to be false.
(h) For a partnership to be selected as a lottery retailer, the partnership must meet the requirements of subsections (f)(2), (f)(3), (f)(4) and (f)(5) and each partner must meet the requirements of subsections (f)(1), (f)(3), (f)(4) and (g)(1) through (g)(6).
(i) For a corporation to be selected as a lottery retailer, the corporation must meet the requirements of subsections (f)(2), (f)(3), (f)(4) and (f)(5) and each officer or director and each stockholder who owns 5% or more of the stock of such corporation must meet the requirements of subsections (f)(3), (f)(4) and (g)(1) through (g)(6).
(j) For an unincorporated association to be selected as a lottery retailer, the association must meet the requirements of subsections (f)(2), (f)(3), (f)(4) and (f)(5) and each officer or director must meet the requirements of subsections (f)(1), (f)(3), (f)(4) and (g)(1) through (g)(6).
(k) The executive director may terminate the contract of any lottery retailer who fails to meet any of the applicable qualifying standards for selection as a retailer provided in this section or on the grounds for termination provided in the contract pursuant to rules and regulations adopted by the commission.
(l) If a lottery retailer's rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales, and such computation of retail sales is not explicitly defined to include sale of tickets or shares in a state-operated lottery, the compensation received by the lottery retailer from the lottery shall be considered the amount of the retail sale for purposes of computing the rental payment.
History: L. 1987, ch. 292, § 8; L. 1988, ch. 314, § 3; L. 2007, ch. 110, § 61; April 19.
(a) There is hereby created the Kansas lottery commission, which shall be composed of five members who shall be appointed by the governor, subject to confirmation by the senate as provided by K.S.A. 75-4315b and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed to the commission shall exercise any power, duty or function as a member of the commission until confirmed by the senate. All members of the commission shall be citizens of the United States and residents of this state. Not more than three of the five members shall be members of the same political party. A chairperson of the commission shall be designated by the governor from the membership of the commission.
(b) Except as provided by subsection (c), the members of the commission shall serve for terms of four years and until their successors are appointed and confirmed, except that the members first appointed shall serve for terms designated by the governor as follows: One member shall serve for a term of one year, one shall serve for a term of two years, one shall serve for a term of three years and two shall serve for terms of four years. Any vacancy occurring in the membership of the commission shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
(c) The terms of members who are serving on the commission on the effective date of this act shall expire on March 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(d) The commission shall hold at least four regular meetings each year and such additional meetings as the chairperson deems desirable. Special meetings shall be called by the chairperson upon written request of the executive director or any three members of the commission. All meetings shall be held at a place and time fixed by the chairperson. A majority of the members of the commission shall constitute a quorum to transact its business.
(e) The commission shall consult with and advise the executive director relating to the operation of the state lottery, shall assist the director in the establishment of policies and shall review and approve the proposed annual budget for the Kansas lottery prepared by the executive director, subject to all state laws governing budget procedures for state agencies.
(f) The commission, in conjunction with the executive director, shall make an ongoing study of the operation and administration of lotteries in operation in other states or countries, of available literature on the subject, of federal laws and regulations which may affect the operation of the lottery and of the reaction of citizens of this state to existing or proposed features of lottery games, with a view toward implementing improvements that will tend to serve the purposes of this act.
(g) Major procurements recommended by the executive director shall be subject to the approval of the commission.
(h) The commission may enter into written agreements with one or more other states or corporations made up of representatives of one or more other states' lotteries and participate in the operation, marketing and promotion of a joint lottery or joint lottery games, conforming to the provisions of this act, which agreements shall not be subject to the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto.
(i) Subject to the limitations of appropriations therefor, members of the commission shall receive such compensation as determined by the governor. Members of the commission attending meetings of the commission or subcommittee meetings thereof approved by the commission shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. In addition, the chairperson of the commission, or the member of the commission designated by the chairperson to serve on a procurement negotiating committee, shall be paid amounts equal to amounts provided by K.S.A. 75-3223, and amendments thereto, for subsistence allowances, mileage and other expenses for attendance at meetings of a procurement negotiating committee pursuant to K.S.A. 74-8705, and amendments thereto.
History: L. 1987, ch. 292, § 9; L. 1988, ch. 314, § 4; L. 1991, ch. 246, § 1; L. 1995, ch. 241, § 18; L. 1998, ch. 144, § 4; July 1.
(a) The commission, upon the recommendation of the executive director, shall adopt rules and regulations governing the establishment and operation of a state lottery, sales of lottery tickets, the operation of lottery gaming facilities and racetrack gaming facilities and the operation of sports wagering as necessary to carry out the purposes of the Kansas lottery act and the Kansas expanded lottery act. Temporary rules and regulations may be adopted by the commission without being subject to the provisions and requirements of K.S.A. 77-415 through 77-438, and amendments thereto, but shall be subject to approval by the attorney general as to legality and shall be filed with the secretary of state and published in the Kansas register. Temporary and permanent rules and regulations may include, but shall not be limited to:
(1) Subject to the provisions of subsection (c), the types of lottery games to be conducted, including, but not limited to, instant lottery, online, traditional games, lottery facility games and electronic gaming machine games but not including games on video lottery machines or lottery machines.
(2) The manner of selecting the winning tickets or shares, except that, if a lottery game utilizes a drawing of winning numbers, a drawing among entries or a drawing among finalists, such drawings shall always be open to the public and shall be recorded on both video and audio tape.
(3) The manner of payment of prizes to the holders of winning tickets or shares.
(4) The frequency of the drawings or selections of winning tickets or shares.
(5) The type or types of locations at which tickets or shares may be sold.
(6) The method or methods to be used in selling tickets or shares.
(7) Additional qualifications for the selection of lottery retailers and the amount of application fees to be paid by each.
(8) The amount and method of compensation to be paid to lottery retailers, including special bonuses and incentives.
(9) Deadlines for claims for prizes by winners of each lottery game.
(10) Provisions for confidentiality of information submitted by vendors pursuant to K.S.A. 74-8705, and amendments thereto.
(11) Information required to be submitted by vendors, in addition to that required by K.S.A. 74-8705, and amendments thereto.
(12) The major procurement contracts or portions thereof to be awarded to minority business enterprises pursuant to K.S.A. 74-8705(a), and amendments thereto, and procedures for the award thereof.
(13) Rules and regulations to implement, administer and enforce the provisions of the Kansas expanded lottery act. Such rules and regulations shall include, but not be limited to, rules and regulations that govern management contracts and that are designed to: (A) Ensure the integrity of electronic gaming machines, other lottery facility games, sports wagering and the finances of lottery gaming facilities and racetrack gaming facilities; and (B) alleviate problem gambling, including a requirement that each lottery gaming facility and each racetrack gaming facility maintain a self-exclusion list by which individuals may exclude themselves from access to electronic gaming machines, other lottery facility games and sports wagering.
(14) The types of electronic gaming machines, lottery facility games and electronic gaming machine games to be operated pursuant to the Kansas expanded lottery act.
(15) Rules and regulations to implement, administer and enforce the provisions of K.S.A. 2025 Supp. 74-8781 through 74-8794, and amendments thereto. Such rules and regulations shall include, but not be limited to:
(A) Management contracts for sports wagering conducted by lottery gaming facility managers;
(B) provisions for the confidentiality of information submitted by an interactive sports wagering platform and lottery gaming facility managers;
(C) provisions ensuring the integrity of sports wagering conducted in this state;
(D) permitting each lottery gaming facility manager, or such manager's contracted parties, including any approved interactive sports wagering platform, to have employees located outside the state of Kansas so that all job functions will conform with 18 U.S.C. § 1081 et seq.;
(E) permitting the establishment of online sports wagering accounts held by a lottery gaming facility manager as approved by the Kansas lottery and preestablished online accounts from other states to be accessed within the borders of Kansas so that revenue is recorded correctly and all other Kansas online rules are followed; and
(F) allowing lottery gaming facility managers to carry over negative amounts to returns filed for subsequent weeks when sports wagering revenues for a week are a negative number because the sum of the winnings paid to patrons wagering on the manager's sports wagering plus all voided wagers and excise taxes on sports wagering paid pursuant to federal law exceeds the manager's total bets accepted from sports wagering by patrons. The negative amounts of sports wagering revenues shall not be carried back to an earlier week, and moneys previously received by the lottery will not be refunded, except if the manager ceases to manage sports wagering and the last return reported negative adjusted gross receipts.
(b) No new lottery game shall commence operation after the effective date of this act unless first approved by the governor or, in the governor's absence or disability, the lieutenant governor. This subsection shall not be construed to require approval of games played on an electronic gaming machine.
(c) The lottery shall adopt rules and regulations concerning the game of keno. Such rules and regulations shall require that the amount of time which elapses between the start of games shall not be less than four minutes.
History: L. 1987, ch. 292, § 10; L. 1988, ch. 366, § 23; L. 1992, ch. 299, § 3; L. 1995, ch. 261, § 1; L. 2001, ch. 24, § 6; L. 2007, ch. 110, § 44; L. 2022, ch. 91, § 25; July 1.
(a) There is hereby established in the state treasury the lottery operating fund.
(b) Except as provided by K.S.A. 74-8724 and the Kansas expanded lottery act, and amendments thereto, the executive director shall remit all moneys collected from the sale of lottery tickets and shares and any other moneys received by or on behalf of the Kansas lottery to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the lottery operating fund. Moneys credited to the fund shall be expended or transferred only as provided by this act. Expenditures from such fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director or by a person designated by the executive director.
(c) Moneys in the lottery operating fund shall be used for:
(1) The payment of expenses of the lottery, which shall include all costs incurred in the operation and administration of the Kansas lottery; all costs resulting from contracts entered into for the purchase or lease of goods and services needed for operation of the lottery, including but not limited to supplies, materials, tickets, independent studies and surveys, data transmission, advertising, printing, promotion, incentives, public relations, communications and distribution of tickets and shares; and reimbursement of costs of facilities and services provided by other state agencies;
(2) the payment of compensation to lottery retailers;
(3) transfers of moneys to the lottery prize payment fund pursuant to K.S.A. 74-8712, and amendments thereto;
(4) transfers to the state general fund pursuant to K.S.A. 74-8713, and amendments thereto;
(5) transfers to the community crisis stabilization centers fund and clubhouse model program fund of the Kansas department for aging and disability services pursuant to subsection (e);
(6) transfers to the state gaming revenues fund pursuant to subsection (d) and as otherwise provided by law;
(7) transfers to the white collar crime fund of the governor pursuant to subsection (f);
(8) transfers to the problem gambling and addictions grant fund of the department for aging and disability services pursuant to subsection (g);
(9) transfers to the attracting professional sports to Kansas fund of the department of commerce pursuant to subsection (h); and
(10) transfers to the county reappraisal fund as prescribed by law.
(d) The director of accounts and reports shall transfer moneys in the lottery operating fund to the state gaming revenues fund created by K.S.A. 79-4801, and amendments thereto, on or before the 15th day of each month in an amount certified monthly by the executive director and determined as follows, whichever is greater:
(1) An amount equal to the moneys in the lottery operating fund in excess of those needed for the purposes described in subsections (c)(1) through (c)(6); or
(2) except for pull-tab lottery tickets and shares, an amount equal to not less than 30% of total monthly revenues from the sales of lottery tickets and shares less estimated returned tickets. In the case of pull-tab lottery tickets and shares, an amount equal to not less than 20% of the total monthly revenues from the sales of pull-tab lottery tickets and shares less estimated returned tickets.
(e) (1) Subject to the limitations set forth in paragraph (2) and the provisions of paragraph (3), on or before the 10th day of each month, the director of the lottery shall certify to the director of accounts and reports all net profits from the sale of lottery tickets and shares via lottery ticket vending machines. Of such certified amount, the director of accounts and reports shall transfer 75% from the lottery operating fund to the community crisis stabilization centers fund of the Kansas department for aging and disability services and 25% from the lottery operating fund to the clubhouse model program fund of the Kansas department for aging and disability services.
(2) Moneys transferred pursuant to paragraph (1) shall not exceed in the aggregate $10,000,000 in fiscal year 2025, and shall not exceed in the aggregate $8,000,000 in fiscal year 2027 and each fiscal year thereafter.
(3) During fiscal year 2026, on or before the 15th day of each month, the director of accounts and reports shall transfer $625,000 from the lottery operating fund to the community crisis stabilization centers fund of the Kansas department for aging and disability services and $208,333 from the lottery operating fund to the clubhouse model program fund of the Kansas department for aging and disability services.
(f) On July 1, 2023, and each July 1 thereafter, or as soon thereafter as moneys are available, the first $750,000 credited to the lottery operating fund from sports wagering revenues deposited in the lottery operating fund shall be transferred by the director of accounts and reports from the lottery operating fund to the white collar crime fund established in K.S.A. 2025 Supp. 74-8792, and amendments thereto.
(g) On July 1, 2023, and each July 1 thereafter, or as soon thereafter as moneys are available, after the transfer required under subsection (f) has been made, 2% of the remaining moneys credited to the lottery operating fund from sports wagering revenues deposited in the lottery operating fund shall be transferred by the director of accounts and reports from the lottery operating fund to the problem gambling and addictions grant fund established in K.S.A. 79-4805, and amendments thereto.
(h) On July 1, 2023, and each July 1 thereafter, or as soon thereafter as moneys are available, after the transfer required under subsection (f) has been made, 80% of the remaining moneys credited to the lottery operating fund from sports wagering revenues deposited in the lottery operating fund shall be transferred by the director of accounts and reports from the lottery operating fund to the attracting professional sports to Kansas fund established in K.S.A. 2025 Supp. 74-8793, and amendments thereto.
History: L. 1987, ch. 292, § 11; L. 1988, ch. 392, § 1; L. 1989, ch. 25, § 8; L. 1989, ch. 244, § 2; L. 2000, ch. 173, § 18; L. 2001, ch. 5, § 341; L. 2004, ch. 168, § 1; L. 2007, ch. 110, § 45; L. 2018, ch. 96, § 2; L. 2022, ch. 91, § 26; L. 2023, ch. 82, § 176; L. 2024, ch. 88, § 184; L. 2025, ch. 117, § 198; April 25.
(a) There is hereby established in the state treasury the lottery prize payment fund.
(b) The executive director shall certify periodically to the director of accounts and reports such amounts as the executive director determines necessary to pay prizes to the holders of valid winning lottery tickets or shares or for the purchase of nonmonetary prizes. Upon receipt of such certification, the director of accounts and reports shall transfer the amount certified from the lottery operating fund to the lottery prize payment fund. Moneys credited to the fund shall be expended only for:
(1) The payment of prizes to the holders of valid winning lottery tickets or shares;
(2) the reimbursement of retailers who have paid holders of winning tickets or shares;
(3) the purchase of nonmonetary prizes; or
(4) purposes otherwise specifically authorized by law.
(c) Prior to making any expenditure for reimbursement of a retailer or payment of a prize of $50 or more, the executive director shall cause all proposed prize payments to be matched against the state debtor files maintained by the director of accounts and reports and shall certify and pay or deliver any matched prize or the cash amount thereof to the director of accounts and reports for setoff as prescribed under K.S.A. 75-6201 et seq., and amendments thereto.
(d) Expenditures from the lottery prize payment fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports, or a person designated by the director of accounts and reports pursuant to K.S.A. 75-3732, and amendments thereto, issued pursuant to vouchers approved by the executive director, or a person designated by the executive director.
History: L. 1987, ch. 292, § 12; L. 1988, ch. 314, § 5; L. 2000, ch. 173, § 19; July 1.
(a) Any appropriation or transfer of state general fund moneys for the operation of the Kansas lottery and other expenses incurred in connection with the conduct of lotteries pursuant to this act shall be considered a loan and shall be repaid with interest to the state general fund in one payment not later than 24 months from the effective date of the appropriation or transfer of such general fund moneys. Such loan shall not be considered an indebtedness or debt of the state within the meaning of section 6 of article 11 of the constitution of the state of Kansas. Such loan shall bear interest at a rate equal to the rate prescribed by K.S.A. 75-4210 and amendments thereto for inactive accounts of the state effective on the first day of the month during which the appropriation or transfer takes effect.
(b) At the time of repayment of a loan pursuant to subsection (a), the executive director shall certify to the director of accounts and reports the amount to be repaid and any interest due thereon. Upon receipt of such certification, the director of accounts and reports shall promptly transfer the amount certified from the lottery operating fund to the state general fund.
(c) Except as provided by subsection (a), moneys credited to the state general fund shall not be used or obligated to pay the expenses of the Kansas lottery or prizes of the lottery and no claim for the payment of an expense of the lottery or the payment of a lottery prize shall be made against any moneys other than moneys credited to the lottery operation fund, moneys credited to the lottery prize payment fund or moneys collected from the sale of lottery tickets or shares.
History: L. 1987, ch. 292, § 13; March 19.
(a) Employees of the Kansas lottery designated by the executive director are hereby vested with the power and authority of law enforcement officers in the execution of the duties imposed upon the executive director by this act and in enforcing the provisions of this act.
(b) Employees designated by the executive director pursuant to subsection (a) shall have the authority to:
(1) Make arrests, conduct searches and seizures and carry firearms while investigating violations of this act and during routine conduct of their duties as determined by the executive director or designee of the executive director;
(2) make arrests, conduct searches and seizures and generally to enforce all the criminal laws of the state as violations of those laws are encountered by such employees during the routine performance of their duties; and
(3) issue notices to appear pursuant to K.S.A. 22-2408 and amendments thereto.
(c) No employee of the Kansas lottery shall be certified to carry firearms under the provisions of this section without having first successfully completed the firearm training course or courses prescribed for law enforcement officers under subsection (a) of K.S.A. 74-5604a and amendments thereto.
(d) The commission may adopt rules and regulations prescribing other training required for such employees.
History: L. 1987, ch. 292, § 14; March 19.
The attorney general shall appoint, with the approval of the executive director, an assistant attorney general who shall be assigned exclusively to assist the Kansas lottery in the enforcement of the criminal and civil provisions of this act. Such attorney shall receive an annual salary fixed by the attorney general with the approval of the executive director. Such salary shall be paid by the Kansas lottery.
History: L. 1987, ch. 292, § 15; March 19.
(a) It is unlawful for the executive director, a member of the commission or any employee of the Kansas lottery, or any person residing in the household thereof to:
(1) Have, either directly or indirectly, an interest in a business knowing that such business contracts with the Kansas lottery for a major procurement, whether such interest is as a natural person, partner, member of an association, stockholder or director or officer of a corporation; or
(2) accept or agree to accept any economic opportunity, gift, loan, gratuity, special discount, favor or service, or hospitality other than food and beverages, having an aggregate value of $20 or more in any calendar year from a person knowing that such person: (A) Contracts or seeks to contract with the state to supply gaming equipment, materials, tickets or consulting services for use in the lottery; or (B) is a lottery retailer or an applicant for lottery retailer.
(b) It is unlawful for a lottery retailer, an applicant for lottery retailer or a person who contracts or seeks to contract with the state to supply gaming equipment, materials, tickets or consulting services for use in the lottery to offer, pay, give or make any economic opportunity, gift, loan, gratuity, special discount, favor or service, or hospitality other than food and beverages, having an aggregate value of $20 or more in any calendar year to a person, knowing such person is the executive director, a member of the commission or an employee of the Kansas lottery, or a person residing in the household thereof.
(c) It shall be unlawful for any person to serve as executive director, a member of the commission or an employee of the Kansas lottery while or within five years after holding, either directly or indirectly, a financial interest or being employed by or a consultant to any of the following:
(1) Any lottery gaming facility manager, subcontractor or agent of a lottery gaming facility manager, manufacturer or vendor of electronic gaming machines, an interactive sports wagering platform or central computer system provider, or any business that sells goods or services to a lottery gaming facility manager; or
(2) any licensee pursuant to the Kansas parimutuel racing act, other than the Kansas lottery or a person holding a license on behalf of the Kansas lottery, or any business that sells goods or services to a parimutuel licensee.
(d) No person who holds a license issued by the Kansas racing and gaming commission shall serve as executive director or as a member of the commission or shall be employed by the Kansas lottery while or within five years after holding such license.
(e) No person shall participate, directly or indirectly, as an owner, owner-trainer or trainer of a horse or greyhound, or as a jockey of a horse, entered in a race meeting conducted in this state while executive director, a member of the commission or an employee of the Kansas lottery.
(f) It shall be unlawful for the executive director, a member of the commission or an employee of the Kansas lottery to accept any compensation, gift, loan, entertainment, favor or service from any lottery gaming facility manager, subcontractor or agent of a lottery gaming facility manager, manufacturer or vendor of electronic gaming machines, an interactive sports wagering platform or central computer system provider.
(g) It shall be unlawful for the executive director, a member of the commission or an employee of the Kansas lottery to accept any compensation, gift, loan, entertainment, favor or service from any licensee pursuant to the Kansas parimutuel racing act, except such suitable facilities and services within a racetrack facility operated by an organization licensee as may be required to facilitate the performance of the executive director's, member's or employee's official duties.
(h) Violation of this section is a class A misdemeanor.
(i) If the executive director, a member of the commission or an employee of the Kansas lottery, or any person residing in the household thereof, is convicted of an act described by this section, such executive director, member or employee shall be removed from office or employment with the Kansas lottery.
(j) In addition to the provisions of this section, all other provisions of law relating to conflicts of interest of state employees shall apply to the members of the commission and employees of the Kansas lottery.
History: L. 1987, ch. 292, § 16; L. 2007, ch. 110, § 46; L. 2022, ch. 91, § 27; July 1.
(a) It is unlawful to falsely make, alter, forge, pass or counterfeit, with intent to defraud, a lottery ticket or share, or receipt for the purchase thereof, issued or purported to have been issued by the Kansas lottery under this act.
(b) Violation of this section is a severity level 8, nonperson felony.
History: L. 1987, ch. 292, § 17; L. 1993, ch. 291, § 242; July 1.
(a) It is unlawful:
(1) To sell a lottery ticket or share at a price other than that fixed by rules and regulations adopted pursuant to this act;
(2) for any person other than the Kansas lottery or a lottery retailer authorized by the Kansas lottery to sell or resell any lottery ticket or share;
(3) to sell a lottery ticket or share to any person, knowing such person to be under 18 years of age; or
(4) to sell a lottery ticket at retail by electronic mail, the internet or telephone.
(b) (1) Violation of this section is a class A nonperson misdemeanor upon conviction for a first offense; and
(2) violation of this section is a severity level 9, nonperson felony upon conviction for a second or subsequent offense.
History: L. 1987, ch. 292, § 18; L. 1993, ch. 291, § 243; L. 1994, ch. 291, § 80; L. 2001, ch. 24, § 7; L. 2015, ch. 62, § 22; July 1.
(a) It is unlawful for any person to purchase a lottery ticket or share, or to share in the lottery winnings of a person, knowing that such person is:
(1) The executive director, a member of the commission or an employee of the Kansas lottery;
(2) an officer or employee of a vendor contracting with the Kansas lottery to supply gaming equipment or tickets to the Kansas lottery for use in the operation of any lottery conducted pursuant to this act;
(3) a spouse, child, stepchild, brother, stepbrother, sister, stepsister, parent or stepparent of a person described by subsection (a)(1) or (2); or
(4) a person who resides in the same household as any person described by subsection (a)(1) or (2).
(b) (1) Violation of subsection (a) is a class A nonperson misdemeanor upon conviction for a first offense.
(2) Violation of subsection (a) is a severity level 9, nonperson felony upon conviction for a second or subsequent offense.
(c) Notwithstanding subsection (a), the executive director may authorize in writing any employee of the Kansas lottery and any employee of a lottery vendor to purchase a lottery ticket for the purposes of verifying the proper operation of the state lottery with respect to security, systems operation and lottery retailer contract compliance. Any prize awarded as a result of such ticket purchase shall become the property of the Kansas lottery and be added to the prize pools of subsequent lottery games.
(d) Certain classes of persons who, because of the unique nature of the supplies or services they provide for use directly in the operation of a lottery pursuant to this act, may be prohibited, in accordance with rules and regulations adopted by the commission, from participating in any lottery in which such supplies or services are used.
(e) Nothing in this section shall prohibit lottery retailers or their employees from purchasing lottery tickets and shares or from being paid a prize of a winning ticket or share.
(f) Each person who purchases a lottery ticket or share thereby agrees to be bound by rules and regulations adopted by the commission and by the provisions of this act.
(g) Any lottery ticket or share purchased by a person under 18 years of age shall be null and void and may not be claimed for a prize.
History: L. 1987, ch. 292, § 19; L. 1988, ch. 314, § 6; L. 1993, ch. 291, § 244; L. 1994, ch. 291, § 81; L. 2018, ch. 96, § 3; May 24.
(a) As nearly as practical, an amount equal to not less than 45% of the total sales of lottery tickets or shares, computed on an annual basis, shall be allocated for payment of lottery prizes.
(b) The prize to be paid or awarded for each winning ticket or share shall be paid to one natural person who is adjudged by the executive director, the director's designee or the retailer paying the prize, to be the holder of such winning ticket or share, or the person designated in writing by the holder of the winning ticket or share on a form satisfactory to the executive director, except that the prize of a deceased winner shall be paid to the duly appointed representative of the estate of such winner or to such other person or persons appearing to be legally entitled thereto.
(c) The executive director shall award the designated prize to the holder of the ticket or share upon the validation of a claim or confirmation of a winning share. The executive director shall have the authority to make payment for prizes by any means deemed appropriate upon the validation of winning tickets or shares.
(d) The right of a person to a prize drawn or awarded is not assignable.
(e) No person under 18 years of age shall be eligible to claim a lottery prize.
(f) All prizes awarded shall be taxed as Kansas source income and shall be subject to all state and federal income tax laws and rules and regulations. State income taxes shall be withheld from prizes paid whenever federal income taxes are required to be withheld under current federal law.
(g) Unclaimed prize money not payable directly by lottery retailers shall be retained for the period established by rules and regulations and if no claim is made within such period, then such unclaimed prize money shall be added to the prize pools of subsequent lottery games.
(h) The state of Kansas, members of the commission and employees of the Kansas lottery shall be discharged of all further liability upon payment of a prize pursuant to this section.
(i) The Kansas lottery shall not publicly disclose the identity of any person awarded a prize except upon written authorization of such person.
History: L. 1987, ch. 292, § 20; L. 1988, ch. 381, § 15; L. 1991, ch. 246, § 2; L. 2015, ch. 62, § 23; July 1.
History: L. 1988, ch. 314, § 7; Repealed, L. 1991, ch. 246, § 3; July 1.
All sales of lottery tickets and shares shall be exempt from retailers' sales taxes imposed pursuant to K.S.A. 12-187 et seq., and amendments thereto, and from the tax imposed by the Kansas retailers' sales tax act.
History: L. 1987, ch. 292, § 21; March 19.
(a) The Kansas lottery shall not recruit for employment or as a volunteer any person under 18 years of age for the purpose of appearing, being heard or being quoted in any advertising or promotion of any lottery in any electronic or print media.
(b) The unsolicited advertisement or promotion of any lottery by the Kansas lottery through electronic mail or telephone is prohibited.
(c) All advertising and marketing practices of the Kansas lottery shall meet or exceed the standards of the North American association of state and provincial lotteries (NASPL) which are in effect on July 1, 2001, or any later version as adopted by the commission in rules and regulations.
History: L. 1992, ch. 299, § 4; L. 2001, ch. 24, § 8; July 1.
(a) The Kansas lottery and the office of executive director of the Kansas lottery, established by K.S.A. 74-8703, and amendments thereto, and the Kansas lottery commission, created by K.S.A. 74-8709, and amendments thereto, shall be and hereby are abolished on July 1, 2037.
(b) This section shall be part of and supplemental to the Kansas lottery act.
History: L. 1992, ch. 300, § 1; L. 1995, ch. 261, § 2; L. 2001, ch. 24, § 1; L. 2007, ch. 110, § 47; L. 2018, ch. 96, § 9; May 24.
(a) Notwithstanding any provision of law to the contrary, the Kansas lottery commission shall establish an instant lottery scratch-off game designated as the veterans benefit game, which shall be conducted by the Kansas lottery. Tickets for the veterans benefit game established by this section shall be offered for sale year-round.
(b) The Kansas lottery commission shall adopt rules and regulations governing the establishment of the veterans benefit game pursuant to K.S.A. 74-8710, and amendments thereto, except that subsection (b) of K.S.A. 74-8710, and amendments thereto, shall not apply to the veterans benefit game established by this section.
(c) Notwithstanding the provisions of K.S.A. 79-4801 et seq., and K.S.A. 74-8711, and amendments thereto, all net profits, received from the sale of veterans benefit game lottery tickets, materials and games, as prescribed by rules and regulations adopted pursuant to subsection (b) of this section, shall be deposited in the state treasury and shall be used as follows: (1) An amount equal to 40% of such net profits shall be appropriated for purposes directly benefitting members of the Kansas army and air national guard and their families to provide for Kansas national guard educational assistance act scholarships pursuant to K.S.A. 74-32,145 et seq., and amendments thereto, and, to the extent that moneys are available, for other purposes directly benefitting members of the Kansas army and air national guard and their families as provided by appropriation act;
(2) an amount equal to 30% of such net profits shall be appropriated for operating expenditures and capital improvements, or as otherwise provided by appropriation act, for the use and benefit of the Kansas veterans' home, the Kansas soldiers' home and the state veterans cemetery system; and
(3) an amount equal to 30% of such net profits from: (A) July 1, 2008, to June 30, 2010, shall be appropriated for the museum of the Kansas national guard to expand the museum facility to include a 35th Infantry Division Museum and a museum education center as provided by appropriation act; and (B) from and after July 1, 2010, shall be appropriated for a veterans enhanced service delivery program.
(d) The Kansas lottery commission shall change the design or theme of the veterans benefit game regularly so that the game remains competitive with the other instant lottery scratch-off games offered by such commission. The tickets for the instant lottery game authorized by this section shall clearly state that the profits derived from the game shall be used to benefit veterans and veterans issues in this state.
History: L. 2003, ch. 140, § 1; L. 2004, ch. 168, § 2; L. 2008, ch. 156, § 6; July 1.
(a) Any person listed in subsections (b)(1), (2) or (3) may engage or direct a person under 18 years of age to violate the provisions of the Kansas lottery act in order to develop a program or system that determines and encourages compliance with the provisions of such act prohibiting sales of lottery tickets to persons under the age of 18 via lottery ticket vending machines.
(b) No person shall engage or direct a person under 18 years of age to violate any provision of the Kansas lottery act for purposes of determining compliance with the provisions of such act unless such person is:
(1) An officer having authority to enforce the provisions of the Kansas lottery act;
(2) an authorized representative of the attorney general, a county attorney or district attorney; or
(3) a lottery retailer, or such retailer's designee, pursuant to a self-compliance program designed to increase compliance with the provisions of the Kansas lottery act and approved by the executive director.
(c) The provisions of this section shall be part of and supplemental to the Kansas lottery act.
History: L. 2018, ch. 96, § 11; May 24.
An interstate agreement creating a multistate lottery is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
INTERSTATE AGREEMENT CREATING A MULTISTATE LOTTERY
Party lotteries hereby agree to create a multistate lottery, hereinafter referred to as MUSL, an association of state lotteries and the District of Columbia, to operate a game, as follows:
That the party lotteries herein establish and create the multistate lottery board of directors, hereinafter referred to as board, on which each participating lottery shall be represented, to initiate, promulgate, administer and carry out a lottery game that will enhance each party lottery's revenue.
That a dual system of voting is established. One vote will be taken in which each party lottery has one vote. A second vote will be taken in which each party lottery has a number of votes equivalent to its proportionate percentage of the total population (as per the most recent U.S. census) of the states participating in MUSL multiplied by 100, except that the maximum vote a party lottery shall have under the second vote shall not exceed 1/3 of the total votes cast. Following the commencement of sales, each party lottery's second vote will have the number of votes equivalent to its proportionate percentage of total MUSL sales multiplied by 100, except that the maximum vote a party lottery shall have under the second vote shall not exceed 1/3 of the total votes cast. This percentage will be based upon each lottery's average monthly sales experience for the twelve or proportionate calendar months preceding the vote.
Unless a different percentage is provided in this agreement, the percentage of votes necessary to allow action by the MUSL is 51% of the votes cast pursuant to both methods of voting.
The terms of this agreement cannot be changed without a 2/3 vote of all party lotteries cast pursuant to both methods of voting.
That the quorum necessary to hold an official meeting of the MUSL board shall be representation in person or by proxy from at least 51% of all party lotteries. However, unless a majority of the proportionate population votes, as defined in paragraph 2 of this agreement are also represented, any decisions adopted at any MUSL board meeting must subsequently be ratified within 14 days by a majority vote utilizing the proportionate percentage share allocation of votes.
That the director or designee, of each party lottery shall represent it on the board and may cast the votes allocated to it either in person or proxy.
That the board shall elect for a term as prescribed in its bylaws, a president, vice-president, secretary and two coordinators from its membership hereinafter to be called the executive committee.
That a percent of the gross sales as determined by the MUSL board and stipulated in MUSL rules from the MUSL game sales of each party lottery will be aggregated in a common prize pool.
That operating costs of the MUSL shall be paid by each party lottery proportionate to its percentage of MUSL game sales as compared with total MUSL game sales. The executive committee will advise the board of the budget and estimated expenditures of MUSL for each fiscal year. The budget proposal will specifically estimate the portion of the total budget to be paid to MUSL by each of the member lotteries based upon the percentage described.
That the revenues not allocated to prizes or operating cost as outlined above and generated within each party lottery shall remain in that lottery.
That the board's functions shall be performed and carried out by such advisory committees or panels, or both as the board may establish and by such officers and independent contractors as may be appointed by the board. All such officers, independent contractors, agents, consultants and employees shall serve at the pleasure of the board and the board shall prescribe their powers, duties and qualifications and fix their compensation and other terms of their service.
That each party lottery shall be responsible for travel and per diem expenses incurred by its board members unless otherwise approved by the board.
That the party lotteries shall operate and administer a game in accordance with rules governing the establishment and operation thereof, as promulgated by the board. Notwithstanding the above, the game rules shall be adopted by the party lotteries or similar rules and regulations will be adopted by each lottery which are approved by the MUSL board.
The rules may be changed or modified by the MUSL only after the MUSL has given each member two weeks notice that a rule change or modification will be voted upon at a MUSL meeting. A rule can be changed or modified by the MUSL by an affirmative vote of 2/3 of the MUSL members cast pursuant to both methods of voting. Following receipt of notice that an amendment or modification has been adopted the party lotteries shall adopt the amendment or modification or a similar amendment or modification which is approved by the MUSL board.
That the executive committee shall make annual reports to the party states, which shall include a full and complete statement of MUSL revenues, prize disbursements and other expenses and any other information the party lotteries may require. These reports shall be the basis to determine each party lottery's share of expenses as prescribed in the bylaws, this agreement and the rules.
That each party lottery shall provide all necessary operational reports and other data required by MUSL.
That all MUSL accounts and transactions shall be subject to annual post audits conducted by independent auditors retained by the board for this purpose and each of the party lotteries shall receive a certified copy of the same. All such records and transactions shall be available to all party lotteries for copying, inspection and auditing purposes as may be required under the laws of their state.
That the fiscal year of the MUSL shall be from July 1 of one calendar year to June 30th of the succeeding calendar year.
That prizes received pursuant to this agreement shall be subject to the statutory authority and rules and regulations of the party lotteries wherein the ticket was purchased. Any litigation relating to tickets and prizes shall be resolved according to the laws of the state where the ticket was purchased.
That MUSL shall continue in existence until this agreement is revoked by all of the party lotteries. The withdrawal of one or more party lotteries shall not terminate this agreement among the remaining lotteries. Upon termination of MUSL, any assets acquired by MUSL with the exception of the prize reserve fund, will be liquidated in a manner determined by the board. The proceeds from the liquidation will be divided among all of the lotteries which were members of MUSL in good standing at any time during the 12 months preceding termination. The amount of the proceeds received by each lottery will be calculated by use of the following formula:
| individual lottery MUSL sales during the twelve month period total MUSL sales during the 12-month period | X | proceeds available for distribution | | --- | --- | --- |
A party lottery wishing to withdraw from this agreement shall give the board a six months notice of its intention to withdraw. However, a lottery may terminate such agreement at any time without prior notice if authority to participate is withdrawn by executive or legislative action or if participation in the MUSL is in conflict with the constitution or statutes of any state. In addition, the MUSL can vote out a party lottery for cause with the consent of 2/3 of the party lotteries voting by both methods of voting as outlined in paragraph 2, except the party lottery being voted upon shall be excluded from the vote in that proceeding and in the calculations as outlined in paragraph 2. A lottery which withdraws or is voted out by MUSL more than 12 months prior to termination of MUSL will not be entitled to a share of the property or assets of MUSL, except for such lottery's proportionate share of the prize reserve fund.
In the event that a party lottery terminates, voluntarily or involuntarily, or MUSL is terminated by agreement of the parties, the prize reserve fund share of the party lottery or lotteries shall not be returned to the party lottery or lotteries until the later of one year from and after the date of termination or final resolution of any pending unresolved liabilities arising from transactions processed during the tenure of the departing lottery or lotteries. The voluntary or involuntary termination of a party lottery or lotteries does not cancel any obligation to MUSL which the party lottery or lotteries incurred before the withdrawal date.
That all intellectual property rights developed and approved by MUSL with respect to the game including, but not limited to, trade marks, trade names, logos, copyrights, slogans and devices shall be acquired and held by a party lottery designated by MUSL for the use and benefit of MUSL. The use thereof shall be limited to party lotteries participating in this game.
That each party lottery agrees that upon termination from MUSL that it will not use any of the intellectual property identified with the game.
That the board shall not pledge the credit of the party lotteries, directly or indirectly, except that each party lottery shall be liable for its proportionate shares of prize moneys and operational costs as specified in paragraphs 6 and 7 of this agreement.
Compliance with MUSL standards is a prerequisite for MUSL membership. The board shall review the internal control procedures submitted by each lottery and vote upon whether or not each lottery's internal controls comply with MUSL standards as set forth in MUSL rules and regulations. If MUSL incurs a prize liability under this provision due to the error of a lottery whose internal control procedures have been approved and the error was not due to a contractor's actions or omission, the party lottery will pay to the prize winner the disputed prize or $1,000,000 whichever is less at the direction of the board. Upon the payment herein before outlined, MUSL will indemnify and hold harmless each member lottery for any additional liabilities relating to the MUSL prize payments. In addition, it is recognized that $1,000,000 may not be enough to cover the value of the prize liability incurred, and a prize reserve fund will be established to enable MUSL to fund the difference between this amount and the actual prize liability. In addition, the companies which operate online gaming systems on behalf of the party lotteries will be required to have some level of insurance to cover such liabilities in the event one of them makes a mistake.
If MUSL incurs any liability as the result of the acts of a party contractually obligated to the member lottery, that lottery shall pursue all contractual and legal remedies available to it under the contract. Any money recovered by the lottery will be turned over to MUSL up to the amount expended by MUSL as a result of the error. A lottery's pursuit of its contractual and legal remedies against the party at fault is that lottery's only obligation to MUSL in the event of a MUSL loss.
The MUSL shall establish and then maintain a prize reserve fund solely for the purpose of indemnifying the member lotteries. The board will determine the manner in which the prize reserve fund is to be invested and interest earned on the fund will become part of the fund if the fund balance is below the ceiling amount designated by the board. Interest earned on the fund when the fund balance is not below the ceiling amount will be treated as prize money.
That no lottery shall be allowed to join the MUSL without the consent of 2/3 of the party lotteries voting pursuant to both methods of voting. The board will designate the terms which must be met by a lottery seeking admission, including but not limited to, setting the amount which the lottery must contribute to the MUSL prize reserve fund. This paragraph is not applicable to the lotteries listed in this first paragraph of this agreement provided that they sign this agreement by October 1, 1987.
That this agreement may be executed in as many counterparts, as there are party lotteries. When so executed each shall be deemed to be an original and such counterparts together shall constitute one and the same agreement.
That all notices required to be sent to a party lottery pursuant to this agreement shall be in writing and sent by certified mail, return receipt requested at the addresses appearing hereunder or any other address which may be given from time to time to the board.
History: L. 1988, ch. 288, § 1; January 28.
The executive director of the Kansas lottery or the executive director's designee shall represent this state on the multistate lottery board of directors.
History: L. 1988, ch. 288, § 2; January 28.
(a) K.S.A. 74-8733 through 74-8773, and amendments thereto, and K.S.A. 2025 Supp. 74-8781 through 74-8794, and amendments thereto, shall be known and may be cited as the Kansas expanded lottery act. The Kansas expanded lottery act shall be a part of and supplemental to the Kansas lottery act.
(b) If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of the act which can be given effect without the invalid provision or application.
(c) Any action challenging the constitutionality of or arising out of any provision of this act, any lottery gaming facility management contract or any racetrack gaming facility management contract entered into pursuant to this act shall be brought in the district court of Shawnee county.
History: L. 2007, ch. 110, § 2; L. 2022, ch. 91, § 28; July 1.
(a) The Kansas lottery may operate one lottery gaming facility in each gaming zone.
(b) Not more than 30 days after the effective date of this act the lottery commission shall adopt and publish in the Kansas register the procedure for receiving, considering and approving, proposed lottery gaming facility management contracts. Such procedure shall include provisions for review of competitive proposals within a gaming zone and the date by which proposed lottery gaming facility management contracts must be received by the lottery commission if they are to receive consideration.
(c) The lottery commission shall adopt standards to promote the integrity of the gaming and finances of lottery gaming facilities, which shall apply to all management contracts, shall meet or exceed industry standards for monitoring and controlling the gaming and finances of gaming facilities and shall give the executive director sufficient authority to monitor and control the gaming operation and to ensure its integrity and security.
(d) The Kansas lottery commission may approve management contracts with one or more prospective lottery gaming facility managers to manage, or construct and manage, on behalf of the state of Kansas and subject to the operational control of the Kansas lottery, a lottery gaming facility or lottery gaming enterprise at specified destination locations within the northeast, south central, southwest and southeast Kansas gaming zones where the commission determines the operation of such facility would promote tourism and economic development. The commission shall approve or disapprove a proposed management contract within 90 days after the deadline for receipt of proposals established pursuant to subsection (b).
(e) In determining whether to approve a management contract with a prospective lottery gaming facility manager to manage a lottery gaming facility or lottery gaming enterprise pursuant to this section, the commission shall take into consideration the following factors: The size of the proposed facility; the geographic area in which such facility is to be located; the proposed facility's location as a tourist and entertainment destination; the estimated number of tourists that would be attracted by the proposed facility; the number and type of lottery facility games to be operated at the proposed facility; and agreements related to ancillary lottery gaming facility operations.
(f) Subject to the requirements of this section, the commission shall approve at least one proposed lottery gaming facility management contract for a lottery gaming facility in each gaming zone.
(g) The commission shall not approve a management contract unless:
(1) (A) The prospective lottery gaming facility manager is a resident Kansas American Indian tribe and, at a minimum: (i) Has sufficient access to financial resources to support the activities required of a lottery gaming facility manager under the Kansas expanded lottery act; and (ii) has three consecutive years' experience in the management of gaming that would be class III gaming, as defined in K.S.A. 46-2301, and amendments thereto, operated pursuant to state or federal law; or
(B) the prospective lottery gaming facility manager is not a resident Kansas American Indian tribe and, at a minimum: (i) Has sufficient access to financial resources to support the activities required of a lottery gaming facility manager under the Kansas expanded lottery act; (ii) is current in filing all applicable tax returns and in payment of all taxes, interest and penalties owed to the state of Kansas and any taxing subdivision where such prospective manager is located in the state of Kansas, excluding items under formal appeal pursuant to applicable statutes; and (iii) has three consecutive years' experience in the management of gaming that would be class III gaming, as defined in K.S.A. 46-2301, and amendments thereto, operated pursuant to state or federal law; and
(2) the commission determines that the proposed development consists of an investment in infrastructure, including ancillary lottery gaming facility operations, of at least $225,000,000 in the northeast and south central Kansas gaming zones and of at least $50,000,000 in the southeast and southwest Kansas gaming zones. The commission, in determining whether the minimum investment required by this subsection is met, shall not include any amounts derived from or financed by state or local retailers' sales tax revenues.
(h) Any management contract approved by the commission under this section shall:
(1) Have a maximum initial term of 15 years from the date of opening of the lottery gaming facility. At the end of the initial term, the contract may be renewed by mutual consent of the state and the lottery gaming facility manager;
(2) specify the total amount to be paid to the lottery gaming facility manager pursuant to the contract;
(3) establish a mechanism to facilitate payment of lottery gaming facility expenses, payment of the lottery gaming facility manager's share of the lottery gaming facility revenues and distribution of the state's share of the lottery gaming facility revenues;
(4) include a provision for the lottery gaming facility manager to pay the costs of oversight and regulation of the lottery gaming facility manager and the operations of the lottery gaming facility by the Kansas racing and gaming commission;
(5) establish the types of lottery facility games to be installed in such facility;
(6) provide for the prospective lottery gaming facility manager, upon approval of the proposed lottery gaming facility management contract, to pay to the state treasurer a privilege fee of $25,000,000 for the privilege of being selected as a lottery gaming facility manager of a lottery gaming facility in the northeast or south central Kansas gaming zone and $5,500,000 for the privilege of being selected as a lottery gaming facility manager of a lottery gaming facility in the southeast or southwest Kansas gaming zone. Such fee shall be deposited in the state treasury and credited to the lottery gaming facility manager fund, that is hereby created in the state treasury;
(7) incorporate terms and conditions for the ancillary lottery gaming facility operations;
(8) designate as key employees, subject to approval of the executive director, any employees or contractors providing services or functions that are related to lottery facility games authorized by a management contract;
(9) include financing commitments for construction;
(10) include a resolution of endorsement from the city governing body, if the proposed facility is within the corporate limits of a city, or from the county commission, if the proposed facility is located in the unincorporated area of the county;
(11) include a requirement that any parimutuel licensee developing a lottery gaming facility pursuant to this act comply with all orders and rules and regulations of the Kansas racing and gaming commission with regard to the conduct of live racing, including the same minimum days of racing as specified in K.S.A. 74-8746, and amendments thereto, for operation of electronic gaming machines at racetrack gaming facilities;
(12) include a provision for the state to receive not less than 22% of lottery gaming facility revenues, which shall be paid to the expanded lottery act revenues fund established by K.S.A. 74-8768, and amendments thereto;
(13) include a provision for 2% of lottery gaming facility revenues to be paid to the problem gambling and addictions grant fund established by K.S.A. 79-4805, and amendments thereto;
(14) if the prospective lottery gaming facility manager is an American Indian tribe, include a provision that such tribe agrees to waive its sovereign immunity with respect to any actions arising from or to enforce either the Kansas expanded lottery act or any provision of the lottery gaming facility management contract; any action brought by an injured patron or by the state of Kansas; any action for purposes of enforcing the workers compensation act or any other employment or labor law; and any action to enforce laws, rules and regulations and codes pertaining to health, safety and consumer protection; and for any other purpose deemed necessary by the executive director to protect patrons or employees and promote fair competition between the tribe and others seeking a lottery gaming facility management contract;
(15) (A) if the lottery gaming facility is located in the northeast or southwest Kansas gaming zone and is not located within a city, include a provision for payment of an amount equal to 3% of the lottery gaming facility revenues to the county in which the lottery gaming facility is located; or (B) if the lottery gaming facility is located in the northeast or southwest Kansas gaming zone and is located within a city, include provision for payment of an amount equal to 1.5% of the lottery gaming facility revenues to the city in which the lottery gaming facility is located and an amount equal to 1.5% of such revenues to the county in which such facility is located;
(16) (A) if the lottery gaming facility is located in the southeast or south central Kansas gaming zone and is not located within a city, include a provision for payment of an amount equal to 2% of the lottery gaming facility revenues to the county in which the lottery gaming facility is located and an amount equal to 1% of such revenues to the other county in such zone; or (B) if the lottery gaming facility is located in the southeast or south central Kansas gaming zone and is located within a city, provide for payment of an amount equal to 1% of the lottery gaming facility revenues to the city in which the lottery gaming facility is located, an amount equal to 1% of such revenues to the county in which such facility is located and an amount equal to 1% of such revenues to the other county in such zone;
(17) allow the lottery gaming facility manager to manage the lottery gaming facility in a manner consistent with this act and applicable law, but shall place full, complete and ultimate ownership and operational control of the gaming operation of the lottery gaming facility with the Kansas lottery. The Kansas lottery shall not delegate and shall explicitly retain the power to overrule any action of the lottery gaming facility manager affecting the gaming operation without prior notice. The Kansas lottery shall retain full control over all decisions concerning lottery gaming facility games and sports wagering;
(18) include provisions for the Kansas racing and gaming commission to oversee all lottery gaming facility operations, including, but not limited to: Oversight of internal controls; oversight of security of facilities; performance of background investigations, determination of qualifications and credentialing of employees, contractors and agents of the lottery gaming facility manager and of ancillary lottery gaming facility operations, as determined by the Kansas racing and gaming commission; auditing of lottery gaming facility revenues and sports wagering revenues; and enforcement of all state laws and maintenance of the integrity of gaming operations; and
(19) include enforceable provisions: (A) Prohibiting the state, until July 1, 2032, from: (i) Entering into management contracts for more than four lottery gaming facilities or similar gaming facilities, one located in the northeast Kansas gaming zone, one located in the south central Kansas gaming zone, one located in the southwest Kansas gaming zone and one located in the southeast Kansas gaming zone; (ii) designating additional areas of the state where operation of lottery gaming facilities or similar gaming facilities would be authorized; or (iii) operating an aggregate of more than 2,800 electronic gaming machines at all parimutuel licensee locations; and (B) requiring the state to repay to the lottery gaming facility manager an amount equal to the privilege fee paid by such lottery gaming facility manager, plus interest on such amount, compounded annually at the rate of 10%, if the state violates the prohibition provision described in (A).
(i) (1) Any management contract approved by the commission under this section may include provisions for managing sports wagering by the lottery gaming facility manager in person at the lottery gaming facility and over the internet via one or more interactive sports wagering platforms.
(2) If a management contract includes such provisions, then such contract shall include a provision for the state to receive 10% of the sports wagering revenues received from wagers placed with the lottery gaming facility manager.
(j) The power of eminent domain shall not be used to acquire any interest in real property for use in a lottery gaming enterprise.
(k) Any proposed management contract for which the privilege fee has not been paid to the state treasurer within 30 days after the date of approval of the management contract shall be null and void.
(l) A person who is the manager of the racetrack gaming facility in a gaming zone shall not be eligible to be the manager of the lottery gaming facility in the same zone.
(m) Management contracts authorized by this section may include provisions relating to:
(1) Accounting procedures to determine the lottery gaming facility revenues, unclaimed prizes and credits;
(2) minimum requirements for a lottery gaming facility manager to provide qualified oversight, security and supervision of the lottery facility games including the use of qualified personnel with experience in applicable technology;
(3) eligibility requirements for employees, contractors or agents of a lottery gaming facility manager who will have responsibility for or involvement with actual gaming activities or for the handling of cash or tokens;
(4) background investigations to be performed by the Kansas racing and gaming commission;
(5) credentialing requirements for any employee, contractor or agent of the lottery gaming facility manager or of any ancillary lottery gaming facility operation as provided by the Kansas expanded lottery act or rules and regulations adopted pursuant thereto;
(6) provision for termination of the management contract by either party for cause; and
(7) any other provision deemed necessary by the parties, including such other terms and restrictions as necessary to conduct any lottery facility game in a legal and fair manner.
(n) A management contract shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, except upon approval by the executive director, nor shall it be subject to being encumbered or hypothecated. The trustee of any insolvent or bankrupt lottery gaming facility manager may continue to operate pursuant to the management contract under order of the appropriate court for no longer than one year after the bankruptcy or insolvency of such manager.
(o) (1) The Kansas lottery shall be the licensee and owner of all software programs used at a lottery gaming facility for any lottery facility game.
(2) A lottery gaming facility manager, on behalf of the state, shall purchase or lease for the Kansas lottery all lottery facility games. All lottery facility games shall be subject to the ultimate control of the Kansas lottery in accordance with this act.
(3) If a lottery gaming facility manager agrees to manage sports wagering, the Kansas lottery shall be the licensee and owner of all software programs used in conducting sports wagering, and the lottery gaming facility manager, on behalf of the state, shall purchase or lease for the Kansas lottery any equipment or other property necessary for managing sports wagering. All sports wagering shall be subject to the ultimate control of the Kansas lottery in accordance with the Kansas expanded lottery act.
(p) A lottery gaming facility shall comply with any planning and zoning regulations of the city or county in which it is to be located. The executive director shall not contract with any prospective lottery gaming facility manager for the operation and management of such lottery gaming facility unless such manager first receives any necessary approval under planning and zoning requirements of the city or county in which it is to be located.
(q) Prior to expiration of the term of a lottery gaming facility management contract, the lottery commission may negotiate a new lottery gaming facility management contract with the lottery gaming facility manager if the new contract is substantially the same as the existing contract. Otherwise, the lottery gaming facility review board shall be reconstituted and a new lottery gaming facility management contract shall be negotiated and approved in the manner provided by this act.
History: L. 2007, ch. 110, § 3; L. 2014, ch. 92, § 1; L. 2022, ch. 91, § 29; July 1.
(a) There is hereby created the lottery gaming facility review board. The board shall consist of:
(1) Three members appointed by the governor;
(2) two members appointed by the president of the senate; and
(3) two members appointed by the speaker of the house of representatives.
(b) To be eligible for appointment to the board, a person shall submit to the appointing authority evidence of significant business experience, particularly in business development and location of new businesses to maximize revenue.
(c) A person shall not be eligible for appointment to the board if the person:
(1) Is a resident of or owns property in a gaming zone;
(2) has an interest in any business domiciled in or conducting a significant portion of its business in a gaming zone; or
(3) has, or has had during the preceding two years, either directly or indirectly, a financial interest in or is, or has been during the preceding two years, employed by or a consultant to a prospective lottery gaming facility manager or any ancillary lottery gaming facility operations proposed by a prospective lottery gaming facility manager.
(d) Not more than four members of the board shall be members of the same political party.
(e) The governor shall designate one member of the board to serve as chairperson of the board.
(f) The vote of at least four members of the board shall be required to take action.
(g) Subject to the limitations of appropriations therefor, members of the board shall receive such compensation as determined by the governor. Members of the board attending meetings of the board or subcommittee meetings thereof approved by the board shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(h) The board is hereby attached to the Kansas racing and gaming commission as a part thereof. All budgeting, purchasing and related management functions of the board shall be administered by the executive director of the Kansas racing and gaming commission and the executive director shall provide office and meeting space and such clerical and other staff assistance as may be necessary to assist the board in carrying out its powers, duties and functions under this act. The board may employ any experts, consultants or other professionals at the expense of a prospective lottery gaming facility manager to provide assistance in evaluating a lottery gaming facility management contract submitted to the board.
History: L. 2007, ch. 110, § 4; April 19.
(a) Upon approval of a lottery gaming facility management contract by the commission, but not later than 90 days after the deadline for receipt of proposals established pursuant to subsection (b) of K.S.A. 74-8734, and amendments thereto, the executive director and the prospective lottery gaming facility manager shall execute the contract, which shall be binding upon the parties only upon a determination by the lottery gaming facility review board pursuant to this section that the contract is the best possible such contract, approval of the contract by the Kansas racing and gaming commission pursuant to this section and endorsement by resolution of the city governing body or county commission as required in K.S.A. 74-8734, and amendments thereto.
(b) Upon execution of a lottery gaming facility management contract or contracts by the executive director, the executive director shall submit such contract or contracts to the lottery gaming facility review board. The board shall determine which contract best maximizes revenue, encourages tourism and otherwise serves the interests of the people of Kansas. In making its determination, the board shall conduct public hearings, take testimony, solicit the advice of experts and investigate the merits of each contract submitted by the executive director.
(c) Within 30 days after execution of a lottery gaming facility management contract with a parimutuel licensee for development of a lottery gaming facility at a parimutuel licensee location, the parimutuel licensee must submit to the Kansas racing and gaming commission, for approval by the commission, a plan for compliance with the requirements for live racing and purse supplements established pursuant to K.S.A. 74-8745 and 74-8767, and amendments thereto. Upon application of a parimutuel licensee, the Kansas racing and gaming commission shall open a proceeding to consider such licensee's proposal for development of a lottery gaming facility at the parimutuel licensee location. Such proposal shall include provisions for: (1) Compliance with the requirements of K.S.A. 74-8745, and amendments thereto; (2) payment of purse supplements from the appropriate funds established by K.S.A. 74-8767, and amendments thereto; and (3) a plan for protecting and promoting live racing in Kansas. The Kansas racing and gaming commission shall hear evidence and testimony from all interested parties. Upon a finding by the Kansas racing and gaming commission that the proposal is in the best interest of live racing in Kansas and more beneficial to live racing than placement of electronic gaming machines at such parimutuel licensee location, the Kansas racing and gaming commission may approve such proposal. The Kansas racing and gaming commission shall notify the lottery gaming facility review board of the commission's approval or disapproval of the proposal. If the Kansas racing and gaming commission does not approve the proposal, the lottery gaming facility review board shall not give further consideration to the lottery gaming facility management contract with the parimutuel licensee and the executive director shall direct the state treasurer to refund, without interest, the privilege fee paid pursuant to such contract.
(d) (1) Not more than 60 days after all lottery gaming facility management contracts for a lottery gaming facility in a gaming zone have been submitted to the lottery gaming facility review board, the board: (A) If more than one lottery gaming facility management contract has been submitted for a lottery gaming facility in a gaming zone, shall select by public vote the lottery gaming facility management contract, if any, which the board determines is the best possible such contract; or (B) if the executive director submits only one lottery gaming facility management contract for a lottery gaming facility in a gaming zone, shall determine whether such contract is the best possible such contract.
(2) If the board cannot reach agreement that a lottery gaming facility management contract is the best possible such contract, the board shall request the executive director to renegotiate the contract or contracts until the board determines that the best possible such contract or contracts have been executed.
(e) Upon a determination by the lottery gaming facility review board that a lottery gaming facility management contract is the best possible such contract, the board shall submit the contract to the Kansas racing and gaming commission for approval. The Kansas racing and gaming commission shall conduct such background investigations of prospective lottery gaming facility managers, their directors and officers and any other persons having an interest in such prospective managers, as determined in accordance with rules and regulations adopted by the Kansas racing and gaming commission. Upon completion of such investigations and approval of the background of the prospective lottery gaming facility manager, directors, officers and other persons having an interest in such prospective manager, but not more than 10 days after receiving the recommendation of the lottery gaming facility review board, the Kansas racing and gaming commission shall vote to approve in whole or reject in whole the recommendation of the lottery gaming facility review board. If the Kansas racing and gaming commission does not approve the background of such prospective lottery gaming facility manager, directors, officers and other persons having an interest in such prospective manager or does not approve the recommendation of the lottery gaming facility review board, the Kansas racing and gaming commission shall notify the executive director of the lottery and the process for selection of a lottery gaming facility manager shall begin again in the manner provided in K.S.A. 74-8734 and 74-8735, and amendments thereto.
(f) The deadline for receipt of proposals established pursuant to subsection (b) of K.S.A. 74-8734, and amendments thereto, the time limit imposed by subsection (a) for action by the lottery commission, the time limit imposed by subsection (d) for action by the lottery gaming facility review board or the time limit imposed by subsection (e) for action by the Kansas racing and gaming commission, upon application by the respective commission or board, may be extended by the governor for a period not to exceed 60 days if the governor, in the governor's discretion, determines that the respective commission or board has acted on good faith to comply with the time limit. Failure to comply with any such time limit, unless extended as provided by this subsection, or to comply with an extended time limit authorized by this subsection, shall render the respective commission or board subject to relief in the form of mandamus, injunction or other legal remedy.
History: L. 2007, ch. 110, § 5; April 19.
(a) The board of county commissioners of each county in each gaming zone shall submit by resolution to the qualified voters of the county a proposition to permit the operation of a lottery gaming facility within the county as provided in this section. The proposition shall be submitted to the voters at a special election called by the board of county commissioners for that purpose and held not more than 180 days after the effective date of this act.
(b) Upon the adoption of a resolution calling for an election pursuant to this section, the county election officer shall cause the following proposition to be placed on the ballot at the election called for that purpose: "Shall the Kansas lottery be authorized to operate a lottery gaming facility in _________ county?"
(c) If a majority of the votes cast and counted at such election is in favor of approving the operation of a lottery gaming facility within the county, the Kansas lottery may operate a lottery gaming facility in such county, subject to the provisions of this act. If a majority of the votes cast and counted at an election under this section is against permitting the operation of a lottery gaming facility within the county, the Kansas lottery shall not operate a lottery gaming facility in such county. The county election officer shall transmit a copy of the certification of the results of the election to the executive director.
(d) The election provided for by this section shall be conducted, and the votes counted and canvassed, in the manner provided by law for question submitted elections of the county.
(e) The lottery commission may waive the requirement that an election be held pursuant to this section if the lottery commission determines that after December 31, 2004, and before the effective date of this act, the county has held an election of qualified voters pursuant to the county's home rule authority: (1) At which the ballot question was in substantial compliance with the requirements of this section; (2) which was administered by the county election officer in a manner consistent with the requirements of state election law; and (3) at which a majority of the votes cast and counted was in favor of the proposition.
(f) The question of the operation of a lottery gaming facility in a county may be submitted at the same election as the question of placement of electronic gaming machines at a parimutuel licensee location in the county under K.S.A. 74-8743, and amendments thereto.
History: L. 2007, ch. 110, § 6; April 19.
Upon receipt of a copy of the certification of the results of the election pursuant to K.S.A. 74-8737, and amendments thereto:
(a) If the certification shows that a majority of the voters voted against the operation of a lottery gaming facility in the county, the executive director shall direct the state treasurer to refund, without interest, all privilege fees paid pursuant to lottery gaming facility management contracts for a lottery gaming facility in the county.
(b) If the certification shows that a majority of the voters voted in favor of the operation of a lottery gaming facility in the county, the executive director shall direct the state treasurer to refund, without interest, all privilege fees paid pursuant to lottery gaming facility management contracts for a lottery gaming facility in the county, other than the lottery gaming facility management contract which is binding as provided by K.S.A. 74-8736, and amendments thereto. Thereupon, the state treasurer shall transfer to the expanded lottery act revenues fund an amount equal to the privilege fee paid pursuant to the lottery gaming facility management contract which is binding as provided by K.S.A. 74-8736, and amendments thereto, the lottery gaming facility manager fund shall be abolished.
History: L. 2007, ch. 110, § 7; April 19.
The sale or service by lottery gaming facility managers or ancillary lottery gaming facility operations and the consumption by patrons of lottery gaming facilities of alcohol, liquor, wine, spirits, cereal malt beverages and other intoxicating liquors is hereby permitted upon and in lottery gaming facilities and ancillary lottery gaming facility operations. The provisions of K.S.A. 41-719, and amendments thereto, relating to alcoholic liquor shall not be applicable to lottery gaming facilities and ancillary lottery gaming facility operations.
History: L. 2007, ch. 110, § 8; April 19.
(a) Subject to the provisions of subsection (b), the Kansas lottery shall enter into racetrack gaming facility management contracts to place electronic gaming machines at parimutuel licensee locations as provided by K.S.A. 74-8741 through 74-8747, and amendments thereto.
(b) The Kansas lottery shall not place electronic gaming machines at any parimutuel licensee location unless the commission has adopted rules and regulations as provided in K.S.A. 74-8741 through 74-8747, and amendments thereto.
History: L. 2007, ch. 110, § 9; April 19.
(a) The executive director of the Kansas lottery shall negotiate a racetrack gaming facility management contract to place electronic gaming machines at one parimutuel licensee location in each gaming zone except the southwest Kansas gaming zone.
(b) To be eligible to enter into a racetrack gaming facility management contract the prospective racetrack gaming facility manager shall, at a minimum:
(1) Have sufficient access to financial resources to support the activities required of a racetrack gaming facility manager under the Kansas expanded lottery act; and
(2) be current in filing all applicable tax returns and in payment of all taxes, interest and penalties owed to the state of Kansas and any taxing subdivision where such prospective manager is located in the state of Kansas, excluding items under formal appeal pursuant to applicable statutes.
(c) A racetrack gaming facility management contract shall include:
(1) The term of the contract;
(2) provisions for the Kansas racing and gaming commission to oversee all racetrack gaming facility operations, including, but not limited to: Oversight of internal controls; oversight of security of facilities; performance of background investigations, determination of qualifications and any required certification or licensing of officers, directors, board members, employees, contractors and agents of the racetrack gaming facility manager; auditing of net electronic gaming machine income and maintenance of the integrity of electronic gaming machine operations;
(3) provisions for the racetrack gaming facility manager to pay the costs of oversight and regulation of the racetrack gaming facility manager under this act and such manager's racetrack gaming facility operations by the Kansas racing and gaming commission; and
(4) enforceable provisions: (A) Prohibiting the state, until July 1, 2032, from (i) entering into management contracts for more than three [] lottery gaming facilities or similar gaming facilities, one to be located in the northeast Kansas gaming zone, one to be located in the south central Kansas gaming zone [] and one to be located in the southeast Kansas gaming zone, (ii) designating additional areas of the state where operation of lottery gaming facilities or similar gaming facilities would be authorized or (iii) operating an aggregate of more than 2,800 electronic gaming machines at all parimutuel licensee locations; and (B) requiring the state to repay to the racetrack gaming facility manager an amount equal to the privilege fee paid by such racetrack gaming facility manager, plus interest on such amount, compounded annually at the rate of 10%, if the state violates the prohibition provision described in (A).
(d) Racetrack gaming facility management contracts authorized by this section may include provisions relating to:
(1) Accounting procedures to determine net electronic gaming machine income, unclaimed prizes and credits;
(2) minimum requirements for a racetrack gaming facility manager to provide qualified oversight, security and supervision of electronic gaming machines including the use of qualified personnel with experience in applicable technology;
(3) eligibility requirements for employees, contractors or agents of a racetrack gaming facility manager who will have responsibility for or involvement with electronic gaming machines or for the handling of cash or tokens;
(4) background investigations to be performed by the Kansas racing and gaming commission;
(5) credentialing or certification requirements of any employee, contractor or agent as provided by the Kansas expanded lottery act or rules and regulations adopted pursuant thereto;
(6) provision for termination of the management contract by either party for cause; and
(7) any other provision deemed necessary by the parties, including such other terms and restrictions as necessary to conduct racetrack gaming facility operations in a legal and fair manner.
(e) A person who is the manager of a lottery gaming facility in a gaming zone shall not be eligible to be the manager of the racetrack gaming facility in the same zone.
(f) A racetrack gaming facility management contract shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, except upon approval by the executive director, nor shall it be subject to being encumbered or hypothecated.
History: L. 2007, ch. 110, § 10; April 19.
The executive director shall submit the proposed racetrack gaming facility management contract to the commission for the commission's approval. Upon approval of the Kansas lottery commission, the executive director shall submit such contract to the Kansas racing and gaming commission for approval. The Kansas racing and gaming commission shall conduct such background investigations of the proposed racetrack gaming facility manager, and its officers, directors, employees, owners, agents and contractors, as determined in accordance with rules and regulations adopted by the Kansas racing and gaming commission. Upon completion of such investigations and approval of the background of the proposed racetrack gaming facility manager, and its officers, directors, employees, owners, agents and contractors, the Kansas racing and gaming commission shall vote to approve or reject the contract in whole. If the Kansas racing and gaming commission rejects the contract, the Kansas racing and gaming commission shall notify the executive director of the lottery and make recommendations regarding negotiation of the contract. The executive director may then resume negotiations with the proposed racetrack gaming facility manager.
History: L. 2007, ch. 110, § 11; April 19.
(a) The board of county commissioners of each county where there is a parimutuel licensee location by resolution shall submit to the qualified voters of the county a proposition to permit the placement of electronic gaming machines in the county as provided in this section. The proposition shall be submitted to the voters at a special election called by the board of county commissioners for that purpose and held not more than 180 days after the effective date of this act.
(b) Upon the adoption of a resolution calling for an election pursuant to this section, the county election officer shall cause the following proposition to be placed on the ballot at the election called for that purpose: "Shall the Kansas Lottery be authorized to place electronic gaming machines in _________ county?"
(c) If a majority of the votes cast and counted at such election is in favor of approving the placement of electronic gaming machines in the county, the Kansas lottery may place and operate electronic gaming machines at a parimutuel licensee location in the county, subject to the provisions of this act. If a majority of the votes cast and counted at an election under this section is against permitting placement of electronic gaming machines in the county, the Kansas lottery shall not place or operate electronic gaming machines at a parimutuel licensee location in the county. The county election officer shall transmit a copy of the certification of the results of the election to the executive director.
(d) The election provided for by this section shall be conducted, and the votes counted and canvassed, in the manner provided by law for question submitted elections of the county.
(e) The lottery commission may waive the requirement that an election be held pursuant to this section if the lottery commission determines that after December 31, 2004, and before the effective date of this act, the county has held an election of qualified voters pursuant to the county's home rule authority: (1) At which the ballot question was in substantial compliance with the requirements of this section; (2) which was administered by the county election officer in a manner consistent with the requirements of state election law; and (3) at which a majority of the votes cast and counted was in favor of the proposition.
(f) The question of the placement of electronic gaming machines in a county may be submitted at the same election as the question of operation of a lottery gaming facility in the county under K.S.A. 74-8737, and amendments thereto.
History: L. 2007, ch. 110, § 12; April 19.
(a) In accordance with rules and regulations adopted by the commission, the executive director shall have general responsibility for the implementation and administration of the provisions of this act relating to racetrack gaming facility operations, including the responsibility to:
(1) Certify net electronic gaming machine income by inspecting records, conducting audits, having agents of the Kansas lottery on site or by any other reasonable means; and
(2) assist the commission in the promulgation of rules and regulations concerning the operation of racetrack gaming facilities, which rules and regulations shall include, without limitation, the following:
(A) The number of electronic gaming machines allocated for placement at each racetrack gaming facility, subject to the provisions of subsection (b);
(B) standards for advertising, marketing and promotional materials used by racetrack gaming facility managers;
(C) the kind, type, number and location of electronic gaming machines at any racetrack gaming facility; and
(D) rules and regulations and procedures for the accounting and reporting of the payments required from racetrack gaming facility managers under K.S.A. 74-8766, and amendments thereto, including the calculations required for such payments.
(b) Rules and regulations establishing the minimum and maximum number of electronic gaming machines allocated for placement at each racetrack gaming facility shall be adopted and published not later than 120 days after the effective date of this act. Such rules and regulations shall be subject to the following:
(1) At least 600 electronic gaming machines shall be allocated to and placed at each racetrack gaming facility.
(2) The total number of electronic gaming machines allocated to and placed at all racetrack gaming facilities in the state shall not exceed 2,800. Until lottery gaming facility management contracts for lottery gaming facilities in all gaming zones become binding, the total number of electronic gaming machines placed at all racetrack gaming facilities shall not exceed 2,200. When lottery gaming facility management contracts for lottery gaming facilities in all gaming zones have become binding, the lottery commission shall take privilege fee bids from the lottery gaming facility manager and racetrack gaming facility manager in each gaming zone for the remaining electronic gaming machines allocated to but not yet placed at the racetrack gaming facility in such zone. The minimum bid shall be a privilege fee of $2,500 per electronic gaming machine. If the racetrack gaming facility manager submits the highest bid, the lottery commission shall place the remaining electronic gaming machines at the racetrack gaming facility. If the lottery gaming facility manager submits the highest bid, the commission shall not place any additional electronic gaming machines at the racetrack gaming facility.
(3) In addition to any privilege fee paid pursuant to paragraph (2), each racetrack gaming facility manager shall pay a privilege fee of $2,500 for each electronic gaming machine placed at the racetrack gaming facility for which a privilege fee is not paid pursuant to paragraph (2).
(4) The racetrack gaming facility manager shall pay the privilege fees provided by this subsection to the executive director, who shall remit the entire amount to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of the remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the expanded lottery act revenues fund.
History: L. 2007, ch. 110, § 13; April 19.
(a) All information and data required to be furnished to the Kansas lottery or the Kansas racing and gaming commission pursuant to K.S.A. 74-8741 through 74-8747, and amendments thereto, or which may otherwise be obtained, relative to the finances, earnings or revenue, except the net electronic gaming machine income, of any vendor shall be considered confidential and shall not be revealed in whole or in part without permission of the vendor, except (1) in the course of the necessary administration of the Kansas expanded lottery act, (2) upon the lawful order of a court of competent jurisdiction or (3) to a duly authorized law enforcement agency.
(b) All information and data pertaining to a vendor's criminal record, family and background furnished to or obtained by the Kansas lottery or Kansas racing and gaming commission pursuant to K.S.A. 74-8741 through 74-8747, and amendments thereto, from any source shall be considered confidential and shall not be revealed, in whole or part. Such information shall be released upon the lawful order of a court of competent jurisdiction or to a duly authorized law enforcement agency.
(c) Notice of the contents of any information released, except to a duly authorized law enforcement agency pursuant to this section, shall be given to any applicant, certificate holder or vendor in a manner prescribed by the rules and regulations adopted by the commission.
History: L. 2007, ch. 110, § 14; April 19.
(a) Except as provided in subsection (b):
(1) No electronic gaming machines shall be operated at a parimutuel licensee location in Sedgwick county unless, during the first full calendar year and each year thereafter in which electronic gaming machines are operated at such location, the parimutuel licensee conducts at such location at least 100 live greyhound races each calendar week for the number of weeks raced during calendar year 2003 with at least 13 live races conducted each day for not less than five days per week.
(2) No electronic gaming machines shall be operated at a parimutuel licensee location in Wyandotte county unless, during the first full calendar year and each year thereafter in which electronic gaming machines are operated at such location, the parimutuel licensee conducts live horse racing programs for at least 60 days, with at least 10 live races conducted each program, and must offer and make a reasonable effort to conduct a minimum number of three live races restricted for quarter horses each day and seven live thoroughbred races each day, of which not less than two races each day shall be limited to registered Kansas-bred horses apportioned in the same ratio that live races are offered, except that the licensee shall not be required to conduct the second live race restricted to Kansas-bred horses unless there are at least seven qualified entries for such race, and with at least 100 live greyhound races each calendar week for at least the same number of weeks raced during calendar year 2003, with at least 13 live races conducted each day for not less than five days per week.
(3) No electronic gaming machines shall be operated at a parimutuel licensee location in Crawford county unless, during the first full calendar year and each year thereafter in which electronic gaming machines are operated at such location, the parimutuel licensee conducts at such location at least 85 live greyhound races each calendar week for the number of weeks raced during calendar year 2003 in Sedgwick county, with at least 12 live races conducted each day for not less than five days per week.
(4) If a parimutuel licensee has not held live races pursuant to a schedule approved by the Kansas racing and gaming commission in the preceding 12 months, the Kansas racing and gaming commission shall hold a hearing to determine the number of days of live racing required for the remaining days of the first calendar year of operation to qualify for operation of electronic gaming machines. At such hearing, the commission shall receive testimony and evidence from affected breed groups, the licensee and others, as the Kansas racing and gaming commission deems appropriate concerning the schedule of live race days. The operation of electronic gaming machines shall not commence more than 90 days prior to the start of live racing at such facility.
(b) The Kansas racing and gaming commission may not grant exceptions to the requirements of subsection (a) for a parimutuel licensee conducting live racing unless such exception is in the form of an agreement which: (1) Is between the parimutuel licensee and the affected recognized greyhound or recognized horsemen's group, as defined in K.S.A. 74-8802, and amendments thereto; (2) has been approved by the appropriate official breed registering agencies; and (3) has been submitted to and approved by the commission. In the case of emergencies, weather related issues or immediate circumstances beyond the control of the licensee, the Kansas racing and gaming commission may grant an exception.
History: L. 2007, ch. 110, § 15; April 19.
(a) Net electronic gaming machine income from a racetrack gaming facility shall be distributed as follows:
(1) To the racetrack gaming facility manager, an amount equal to 25% of net electronic gaming machine income;
(2) 7% of net electronic gaming machine income shall be credited to the live horse racing purse supplement fund established by K.S.A. 74-8767, and amendments thereto, except that the amount of net electronic gaming machine income credited to the fund during any fiscal year from electronic gaming machines at a racetrack gaming facility shall not exceed an amount equal to the average of $3,750 per electronic gaming machine at each location and any moneys in excess of such amount shall be distributed between the state and the racetrack gaming facility manager in accordance with the racetrack gaming facility management contract;
(3) 7% of net electronic gaming machine income shall be credited to the live greyhound racing purse supplement fund established by K.S.A. 74-8767, and amendments thereto, except that the amount of net electronic gaming machine income credited to the fund during any fiscal year from electronic gaming machines at a racetrack gaming facility shall not exceed an amount equal to the average of $3,750 per electronic gaming machine at each location and any moneys in excess of such amount shall be distributed between the state and the racetrack gaming facility manager in accordance with the racetrack gaming facility management contract;
(4) (A) if the racetrack gaming facility is located in the northeast Kansas gaming zone and is not located within a city, include a provision for payment of an amount equal to 3% of the racetrack gaming facility revenues [] to the county in which the racetrack gaming facility is located; or (B) if the racetrack gaming facility is located in the northeast Kansas gaming zone and is located within a city, include provision for payment of an amount equal to 1.5% of the racetrack gaming facility revenues [] to the city in which the racetrack gaming facility is located and an amount equal to 1.5% of such revenues to the county in which such facility is located;
(5) (A) if the racetrack gaming facility is located in the southeast or south central Kansas gaming zone and is not located within a city, include a provision for payment of an amount equal to 2% of the racetrack gaming facility revenues [] to the county in which the racetrack gaming facility is located and an amount equal to 1% of such revenues to the other county in such zone; or (B) if the racetrack gaming facility is located in the southeast or south central Kansas gaming zone and is located within a city, provide for payment of an amount equal to 1% of the racetrack gaming facility revenues [] to the city in which the racetrack gaming facility is located, an amount equal to 1% of such revenues to the county in which such facility is located and an amount equal to 1% of such revenues to the other county in such zone;
(6) 2% of net electronic gaming machine income shall be credited to the problem gambling and addictions grant fund established by K.S.A. 79-4805, and amendments thereto;
(7) 1% of net electronic gaming machine income shall be credited to the Kansas horse fair racing benefit fund established by K.S.A. 74-8838, and amendments thereto;
(8) 40% of net electronic gaming machine income shall be credited to the expanded lottery act revenues fund; and
(9) 15% of electronic gaming machine income shall be used for gaming expenses, subject to agreement between the Kansas lottery and the racetrack gaming facility manager.
(b) A racetrack gaming facility management contract may include provisions for a parimutuel licensee or any other entity to pay the parimutuel licensee's expenses related to electronic gaming machines, as the executive director deems appropriate, subject to the requirements of subsection (a)(9).
History: L. 2007, ch. 110, § 16; April 19.
The Kansas lottery commission, upon the recommendation of the executive director, shall adopt rules and regulations necessary to carry out the purposes of this act. Temporary rules and regulations may be adopted by the commission without being subject to the provisions and requirements of K.S.A. 77-415 through 77-438, and amendments thereto, but shall be subject to approval by the attorney general as to legality and shall be filed with the secretary of state and published in the Kansas register.
History: L. 2007, ch. 110, § 17; April 19.
(a) Electronic gaming machines operated pursuant to this act, including those operated as lottery facility games, shall:
(1) Pay out an average of not less than 87% of the amount wagered over the life of the machine;
(2) be directly linked to a central lottery communications system to provide monitoring, auditing and other available program information to the Kansas lottery;
(3) be on-line and in constant communication with a central computer situated at a location determined by the executive director and specified in the lottery gaming facility or racetrack gaming facility management contract; and
(4) be subject to deactivation at any time by order of the executive director.
(b) The communications systems selected by the executive director shall not limit participation to only one electronic gaming machine manufacturer, distributor, supplier or provider. The lottery gaming facility manager or racetrack gaming facility manager shall lease or purchase for the Kansas lottery and at such gaming facility manager's expense all equipment necessary to implement such central communications and auditing functions.
History: L. 2007, ch. 110, § 18; April 19.
(a) Each specific type of electronic gaming machine and lottery facility game shall be approved by the Kansas racing and gaming commission. The Kansas racing and gaming commission shall examine prototypes of electronic gaming machines and lottery facility games and shall notify the lottery gaming facility manager or racetrack gaming facility manager which types of electronic gaming machines or lottery facility games are in compliance with the requirements of this act. The use of progressive electronic gaming machines is expressly permitted.
(b) No electronic gaming machine or lottery facility game shall be operated pursuant to this act unless the executive director of the racing and gaming commission first issues a certificate for such machine or game authorizing its use at a specified location. Each electronic gaming machine and lottery facility game shall have such certificate prominently displayed thereon. Any electronic gaming machine or lottery facility game which does not display the certificate required by this section is contraband and a public nuisance subject to confiscation by any law enforcement officer.
(c) The executive director of the racing and gaming commission shall require any manufacturer, supplier, provider, lottery gaming facility manager, racetrack gaming facility manager or other person seeking the examination and certification of electronic gaming machines or lottery facility games to pay the anticipated actual costs of the examination in advance. After the completion of the examination, the executive director of the Kansas racing and gaming commission shall refund any overpayment or charge and collect amounts sufficient to reimburse the executive director for any underpayment of actual costs. The executive director of the Kansas racing and gaming commission may contract for the examination of electronic gaming machines and lottery facility games required by this section, and may rely upon testing done by or for other states regulating electronic gaming machines or lottery facility games, if the executive director deems such testing to be reliable and in the best interest of the state of Kansas.
(d) The executive director of the Kansas lottery or the executive director of the Kansas racing and gaming commission may remove from play and confiscate any electronic gaming machine or gray machine that does not comply with the requirements of the Kansas expanded lottery act. Any electronic gaming machine that the executive director or the executive director of the racing and gaming commission determines has been modified or the design of which has been modified without the consent of the executive director of the Kansas lottery may be removed from play, confiscated by either such executive director and disposed of in any manner allowed by law.
History: L. 2007, ch. 110, § 19; April 19.
(a) The Kansas racing and gaming commission, through rules and regulations, shall establish:
(1) A certification requirement, and enforcement procedure, for officers, directors, key employees and persons directly or indirectly owning a 5% or more interest in a lottery gaming facility manager or racetrack gaming facility manager. Such certification requirement shall include compliance with such security, fitness and background investigations and standards as the executive director of the Kansas racing and gaming commission deems necessary to determine whether such person's reputation, habits or associations pose a threat to the public interest of the state or to the reputation of or effective regulation and control of the lottery gaming facility or racetrack gaming facility;
(2) a certification requirement, and enforcement procedure, for those persons, including electronic gaming machine manufacturers, technology providers and computer system providers, who propose to contract with a lottery gaming facility manager, a racetrack gaming facility manager or the state for the provision of goods or services related to a lottery gaming facility or racetrack gaming facility, including management services. Such certification requirements shall include compliance with such security, fitness and background investigations and standards of officers, directors, key gaming employees and persons directly or indirectly owning a 5% or more interest in such entity as the executive director of the Kansas racing and gaming commission deems necessary to determine whether such person's reputation, habits and associations pose a threat to the public interest of the state or to the reputation of or effective regulation and control of the lottery gaming facility or racetrack gaming facility. If the executive director of the racing and gaming commission determines the certification standards of another state are comprehensive, thorough and provide similar adequate safeguards, the executive director may certify an applicant already certified in such state without the necessity of a full application and background check;
(3) (A) a certification requirement and enforcement procedure for:
(i) Employees of a lottery gaming facility manager or another entity owned by the lottery gaming facility manager's parent company that are directly involved in the management of sports wagering managed by such manager; and
(ii) those persons who propose to contract with a lottery gaming facility manager in an amount that exceeds $250,000 per year for the provision of goods or services related to sports wagering, including any interactive sports wagering platform requested by a lottery gaming facility manager under K.S.A. 2025 Supp. 74-8782, and amendments thereto; and
(B) such certification requirement shall include compliance with such security, fitness and background investigations and standards as the executive director deems necessary to determine whether such person's reputation, habits or associations pose a threat to the public interest of the state or to the reputation of, or effective regulation and control of, sports wagering conducted by the lottery gaming facility. Such certification shall be valid for one year from the date of issuance;
(4) provisions for revocation of a certification required by subsection (a)(1) or (a)(2) upon a finding that the certificate holder, an officer or director thereof or a person directly or indirectly owning a 5% or more interest therein: (A) Has knowingly provided false or misleading material information to the Kansas lottery or its employees; or (B) has been convicted of a felony, gambling related offense or any crime of moral turpitude;
(5) provisions for suspension, revocation or nonrenewal of a certification required by subsection (a)(1) or (a)(2) upon a finding that the certificate holder, an officer or director thereof or a person directly or indirectly owning a 5% or more interest therein: (A) Has failed to notify the Kansas lottery about a material change in ownership of the certificate holder, or any change in the directors or officers thereof; (B) is delinquent in remitting money owed to the Kansas lottery; (C) has violated any provision of any contract between the Kansas lottery and the certificate holder; or (D) has violated any provision of the Kansas expanded lottery act or any rule and regulation adopted hereunder; and
(6) provisions for suspension, revocation or nonrenewal of a certification required by subsection (a)(3) upon a finding that the certificate holder has: (A) Knowingly provided false or misleading material information to the Kansas lottery, the Kansas racing and gaming commission or to the employees of either entity; (B) been convicted of a felony, gambling-related offense or any crime of moral turpitude; (C) violated any provision of any contract between the Kansas lottery and the certificate holder; or (D) violated any provision of the Kansas expanded lottery act or any rule and regulation adopted hereunder.
(b) A certification issued pursuant to this section shall not be assignable or transferable.
History: L. 2007, ch. 110, § 20; L. 2022, ch. 91, § 30; July 1.
(a) The executive director of the Kansas lottery and the executive director of the Kansas racing and gaming commission, or their designees, may observe and inspect all electronic gaming machines, lottery facility games, sports wagering operations, lottery gaming facilities, racetrack gaming facilities and all related equipment and facilities operated by a lottery gaming facility manager or racetrack gaming facility manager.
(b) In addition to any other powers granted pursuant to this act, the executive director of the racing and gaming commission shall have the power to:
(1) Examine, or cause to be examined by any agent or representative designated by such executive director, any books, papers, records or memoranda of any lottery gaming facility manager or racetrack gaming facility manager, or of any business involved in electronic gaming machines, lottery facility games or sports wagering operations authorized pursuant to the Kansas expanded lottery act, for the purpose of ascertaining compliance with any provision of the Kansas lottery act, the Kansas expanded lottery act, or any rules and regulations adopted thereunder;
(2) investigate alleged violations of the Kansas expanded lottery act and alleged violations of any rules and regulations, orders and final decisions of the Kansas lottery commission, the executive director of the Kansas lottery, the Kansas racing and gaming commission or the executive director of the Kansas racing and gaming commission;
(3) request a court to issue subpoenas to compel access to or for the production of any books, papers, records or memoranda in the custody or control of any lottery gaming facility manager or racetrack gaming facility manager related to the management of the lottery gaming facility or racetrack gaming facility, or to compel the appearance of any lottery gaming facility manager or racetrack gaming facility manager for the purpose of ascertaining compliance with the provisions of the Kansas lottery act and the Kansas expanded lottery act or rules and regulations adopted thereunder; and
(4) take any other action as may be reasonable or appropriate to enforce the provisions of the Kansas expanded lottery act and any rules and regulations, orders and final decisions of the executive director of the Kansas lottery, the Kansas lottery commission, the executive director of the Kansas racing commission or the Kansas racing and gaming commission.
(c) Appropriate security measures shall be required in any and all areas where electronic gaming machines, sports wagering and other lottery facility games authorized pursuant to the Kansas expanded lottery act are located or operated. The executive director of the Kansas racing and gaming commission shall approve all such security measures.
(d) The executive director of the Kansas racing and gaming commission shall require an annual audit of the operations of each lottery gaming facility and ancillary lottery gaming facility operations and each racetrack gaming facility as determined by the commission. Such audit shall be conducted by the Kansas racing and gaming commission or a licensed accounting firm approved by the executive director of the Kansas racing and gaming commission and shall be conducted at the expense of the lottery gaming facility manager or racetrack facility manager.
(e) None of the information disclosed pursuant to subsection (b) or (d) shall be subject to disclosure under the Kansas open records act, K.S.A. 45-216 et seq., and amendments thereto.
History: L. 2007, ch. 110, § 21; L. 2022, ch. 91, § 31; July 1.
(a) No revenue bonds, tax increment financing or similar financing shall be used to finance any part of any lottery gaming enterprise or any racetrack gaming facility.
(b) No state or local tax abatement shall apply to any part of any lottery gaming enterprise or any racetrack gaming facility.
History: L. 2007, ch. 110, § 22; April 19.
Each lottery gaming facility manager and each racetrack gaming facility manager shall hold the executive director, the commission and the state harmless from and defend any and all claims which may be asserted against the executive director, the commission and the state, or the agents or employees thereof, arising from the operation of electronic gaming machines, lottery facility games or other lottery-type games pursuant to the Kansas expanded lottery act. This section may be satisfied by procurement of insurance by the lottery gaming facility manager or racetrack gaming facility manager, naming the executive director, the commission and the state as additional insured parties. Procurement of such insurance by a lottery gaming facility manager shall be a lottery gaming facility expense of the lottery gaming facility and procurement of such insurance by a racetrack gaming facility manager shall be a racetrack gaming facility expense of the racetrack gaming facility. The provisions of this section shall not apply to any claims arising from a negligent act or omission or willful or malicious misconduct of the executive director, the commission or the state, or the agents or employees thereof.
History: L. 2007, ch. 110, § 23; April 19.
As a condition precedent to contracting for the privilege of being a lottery gaming facility manager or a racetrack gaming facility manager, such manager shall file with the secretary of state of this state a written and irrevocable consent that any action or garnishment proceeding may be commenced against such manager in the proper court of any county in this state by the service of process on a resident agent, and stipulating and agreeing that such service shall be valid and binding as if service had been made upon such manager. Such written consent shall state that the courts of this state have jurisdiction over the person of the lottery gaming facility manager or racetrack gaming facility manager and are the proper and convenient forum for such action and shall waive the right to request a change of jurisdiction or venue to a court outside this state and that all actions arising under this act and commenced by such manager shall be brought in this state's courts as the proper and convenient forum. Such consent shall be executed by the lottery gaming facility manager or racetrack gaming facility manager and, if a corporation, by the president and secretary of such corporate manager. Such consent shall be accompanied by a certified copy of the order or resolution of the board of directors, trustees or managers authorizing the president and secretary to execute the same.
History: L. 2007, ch. 110, § 24; April 19.
(a) Wagers shall be received only from a person at the location where the electronic gaming machine or lottery facility game is authorized pursuant to the Kansas expanded lottery act. No person present at such location shall place or attempt to place a wager on behalf of another person who is not present at such location.
(b) No employee or contractor of, or other person who has any legal affiliation with, a racetrack gaming facility manager shall loan money to or otherwise extend credit to patrons of the parimutuel licensee.
(c) (1) Except as otherwise provided, no employee or contractor of, or other person who has any legal affiliation with, a lottery gaming facility manager shall loan money to or otherwise extend credit to patrons of a lottery gaming facility.
(2) A patron of a lottery gaming facility may fund an account held by a lottery gaming facility manager for the payment of sports wagers and pay for sports wagers through the use of:
(A) Cash and cash equivalents;
(B) electronic bank transfers of money, including transfers through third parties;
(C) bank and wire transfers of money;
(D) debit and credit cards;
(E) online and mobile application payment systems that support online money transfers;
(F) promotional funds provided by a lottery gaming facility manager; and
(G) any other payment method approved by the Kansas lottery.
(3) Nothing in this subsection shall be construed to prohibit any lottery gaming facility manager from obtaining insurance or check guarantee services to protect against any loss as a result of any check that is returned or otherwise not honored due to a stop payment order or nonsufficient funds.
(d) Violation of this section is a class A nonperson misdemeanor upon a conviction for a first offense. Violation of this section is a severity level 9, nonperson felony upon conviction for a second or subsequent offense.
History: L. 2007, ch. 110, § 25; L. 2022, ch. 91, § 32; July 1.
(a) A person less than 21 years of age shall not be permitted in an area where electronic gaming machines or lottery facility games are being conducted, except for a person at least 18 years of age who is an employee of the lottery gaming facility manager or the racetrack gaming facility manager. No employee under age 21 shall perform any function involved in gaming by the patrons.
(b) No person under age 21 shall play or make a wager on an electronic gaming machine game or a lottery facility game.
(c) No person under age 21 shall directly or indirectly make a wager on any sporting event or otherwise be permitted to engage in sports wagering.
History: L. 2007, ch. 110, § 26; L. 2022, ch. 91, § 33; July 1.
(a) Except as authorized in subsection (c), it is unlawful for any racetrack gaming facility manager, or any employee or agent thereof, to allow any person to play an electronic gaming machine game at a racetrack gaming facility, or share in winnings of such person, knowing such person to be:
(1) Less than 21 years of age;
(2) the executive director of the Kansas lottery, a member of the Kansas lottery commission or an employee of the Kansas lottery;
(3) the executive director, a member or an employee of the Kansas racing and gaming commission;
(4) an officer or employee of a vendor contracting with the Kansas lottery to supply gaming equipment or tickets to the Kansas lottery for use in the operation of any lottery conducted pursuant to the Kansas expanded lottery act;
(5) an employee or agent of the racetrack gaming facility manager;
(6) a spouse, child, stepchild, brother, stepbrother, sister, stepsister, parent or stepparent of a person described by subsection (a)(2), (a)(3), (a)(4) or (a)(5); or
(7) a person who resides in the same household as any person described by subsection (a)(2), (a)(3), (a)(4) or (a)(5).
Violation of this subsection is a class A nonperson misdemeanor upon conviction for a first offense. Violation of this subsection is a severity level 9, nonperson felony upon conviction for the second or a subsequent offense.
(b) Except as authorized in subsection (c), it is unlawful for any lottery gaming facility manager, or its employees or agents, to allow any person to play electronic gaming machines or lottery facility games at a lottery gaming facility or share in winnings of such person knowing such person to be:
(1) Under 21 years of age;
(2) the executive director of the Kansas lottery, a member of the Kansas lottery commission or an employee of the Kansas lottery;
(3) the executive director, a member or an employee of the Kansas racing and gaming commission;
(4) an employee or agent of the lottery gaming facility manager;
(5) an officer or employee of a vendor contracting with the Kansas lottery to supply gaming equipment to the Kansas lottery for use in the operation of any electronic gaming machine or lottery facility game conducted pursuant to the Kansas expanded lottery act;
(6) a spouse, child, stepchild, brother, stepbrother, sister, stepsister, parent or stepparent of a person described in subsection (b)(2), (b)(3), (b)(4) or (b)(5); or
(7) a person who resides in the same household as any person described by subsection (b)(2), (b)(3), (b)(4) or (b)(5).
Violation of this subsection is a class A nonperson misdemeanor upon conviction for a first offense. Violation of this subsection is a severity level 9, nonperson felony upon conviction for a second or subsequent offense.
(c) The executive director of the Kansas racing and gaming commission may authorize in writing any employee of the Kansas racing and gaming commission and any employee of a lottery vendor to play an electronic gaming machine game or a lottery facility game to verify the proper operation thereof with respect to security and contract compliance. Any prize awarded as a result of such ticket purchase shall become the property of the Kansas lottery and be added to the prize pools of subsequent electronic gaming machine games or lottery facility games. No money or merchandise shall be awarded to any employee playing an electronic gaming machine game or a lottery facility game pursuant to this subsection.
History: L. 2007, ch. 110, § 27; April 19.
Except for persons acting in accordance with rules and regulations of the Kansas racing and gaming commission or by written authority of the executive director of the Kansas racing and gaming commission in performing installation, maintenance and repair services, any person who, with the intent to manipulate the outcome, pay out or operation of an electronic gaming machine game or a lottery facility game, manipulates by physical, electrical or mechanical means the outcome, pay out or operation of such game shall be guilty of a severity level 8, nonperson felony.
History: L. 2007, ch. 110, § 28; April 19.
(a) Except in accordance with rules and regulations of the Kansas racing and gaming commission or by written authority from the executive director of the Kansas racing and gaming commission in performing installation, maintenance, inspection and repair services, it is a class A nonperson misdemeanor for the following to place a wager on or play an electronic gaming machine game or a lottery facility game at a lottery gaming facility in this state: The executive director of the Kansas lottery, a member of the Kansas lottery commission or any employee or agent of the Kansas lottery; the executive director, a member or any employee or agent of the Kansas racing and gaming commission; or the lottery gaming facility manager or any employee of the lottery gaming facility manager.
(b) Except in accordance with rules and regulations of the Kansas racing and gaming commission or by written authority from the executive director of the Kansas racing and gaming commission in performing installation, maintenance, inspection and repair services, it is a class A nonperson misdemeanor for the following to place a sports wager in this state:
(1) The executive director of the Kansas lottery, a member of the Kansas lottery commission or any employee or agent of the Kansas lottery;
(2) the executive director, a member or any employee or agent of the Kansas racing and gaming commission;
(3) a lottery gaming facility manager, any director, officer, owner or employee of such manager or any relative living in the same household as such persons who places any wager with the manager at the manager's location or through the manager's interactive sports wagering platform;
(4) an interactive sports wagering platform, any director, officer, owner or employee of such platform or any relative living in the same household as such persons who places any wager with the manager through such platform or at the manager's location, except that nothing in this paragraph shall be construed to prohibit any such person from placing any wager through a lottery gaming facility manager or interactive sports wagering platform with which such person has no affiliation;
(5) any owner, officer, athlete, coach or other employee of a team or any person participating as an individual in any sporting event; or
(6) any director, officer or employee of a player or referee union.
(c) It is a severity level 8, nonperson felony for any person knowingly to place a sports wager: (1) With access to nonpublic confidential information held by the lottery gaming facility manager; (2) as an agent or proxy for other persons; (3) using funds derived from illegal activity; (4) to conceal money derived from illegal activity; (5) through the use of other individuals to place wagers as part of any wagering scheme to circumvent any provision of federal or state law; or (6) using false identification to facilitate the placement of the wager or the collection of any prize in violation of federal or state law.
(d) It is a severity level 8, nonperson felony for any person playing or using any electronic gaming machine in Kansas knowingly to:
(1) Use other than a lawful coin or legal tender of the United States of America, or to use coin not of the same denomination as the coin intended to be used in an electronic gaming machine, except that in the playing of any electronic gaming machine or similar gaming device, it shall be lawful for any person to use gaming billets, tokens or similar objects therein which are approved by the Kansas racing and gaming commission;
(2) possess or use, while on premises where electronic gaming machines are authorized pursuant to the Kansas expanded lottery act, any cheating or thieving device, including, but not limited to, tools, wires, drills, coins attached to strings or wires or electronic or magnetic devices to facilitate removing from any electronic gaming machine any money or contents thereof, except that a duly authorized agent or employee of the Kansas racing and gaming commission, lottery gaming facility manager or racetrack gaming facility manager may possess and use any of the foregoing only in furtherance of the agent's or employee's employment at the lottery gaming facility or racetrack gaming facility; or
(3) possess or use while on the premises of a lottery gaming facility or racetrack gaming facility, or any location where electronic gaming machines are authorized pursuant to this act, any key or device designed for the purpose of or suitable for opening or entering any electronic gaming machine or similar gaming device or drop box.
(e) Any duly authorized agent or employee of the Kansas racing and gaming commission, a lottery gaming facility manager or a racetrack gaming facility manager may possess and use any of the devices described in subsection (e)(3)* in furtherance of inspection or testing as provided in the Kansas expanded lottery act or in furtherance of such person's employment at any location where any electronic gaming machine or similar gaming device or drop box is authorized pursuant to the Kansas expanded lottery act.
History: L. 2007, ch. 110, § 29; L. 2022, ch. 91, § 34; July 1.
(a) It shall be a severity level 9, nonperson felony for any person to place in operation or continue to have in place any gray machine for use by members of the public at any location in this state.
(b) It shall be the duty of the attorney general and the Kansas racing and gaming commission to enforce the provisions of this section, together with any rules and regulations adopted pursuant thereto. The attorney general and the Kansas racing and gaming commission shall have original jurisdiction to investigate and prosecute violations of this section.
History: L. 2007, ch. 110, § 30; L. 2022, ch. 91, § 35; July 1.
(a) As used in this section:
(1) "Affiliated person" means:
(A) Any member of the immediate family of a state or local official; or
(B) any partnership, firm, corporation or limited liability company with which a state or local official is associated or in which a state or local official has an interest, or any partner, officer, director or employee thereof while the state or local official is associated with such partnership, firm, corporation or company.
(2) "State or local official" means any person who, on or after January 9, 2006, is:
(A) Any state officer or employee required to file a written statement of substantial interests pursuant to the state governmental ethics law and any other state officer or employee with responsibility for matters affecting activities or operations of any lottery gaming facility or racetrack gaming facility;
(B) the governor or any full-time professional employee of the office of the governor;
(C) any member of the legislature and any full-time professional employee of the legislature;
(D) any justice of the supreme court, judge of the court of appeals or judge of the district court;
(E) the head of any state agency, the assistant or deputy heads of any state agency, or the head of any division within a state agency; or
(F) any member of the governing body of a city or county where a lottery gaming facility or racetrack gaming facility is located; any municipal or county judge of such city or county; any city, county or district attorney of such city or county; and any member of or attorney for the planning board or zoning board of such city or county and any professional planner or consultant regularly employed or retained by such planning board or zoning board.
(b) No state or local official or affiliated person shall hold, directly or indirectly, an interest in, be employed by, represent or appear for a lottery gaming facility or racetrack gaming facility, or for any lottery gaming facility manager or racetrack gaming facility manager, or any holding or intermediary company with respect thereto, in connection with any cause, application or matter.
No state or local official or affiliated person shall represent, appear for or negotiate on behalf of any person submitting a proposal for a lottery gaming facility or racetrack gaming facility, or on behalf of any lottery gaming facility manager or racetrack gaming facility manager, or any holding or intermediary company with respect thereto, in connection with any cause, application or matter.
(c) No state or local official or affiliated person, within five years immediately subsequent to the termination of the office or employment of the official, shall hold, directly or indirectly, an interest in, be employed by or represent, appear for or negotiate on behalf of any person submitting a proposal for a lottery gaming facility or racetrack gaming facility, or on behalf of any lottery gaming facility manager or racetrack gaming facility manager, in connection with any cause, application or matter, or on behalf of any holding or intermediary company with respect thereto, in connection with any phase of development of a lottery gaming facility or racetrack gaming facility or any other matter whatsoever related to activities or operations of a lottery gaming facility or racetrack gaming facility.
(d) No state or local official shall solicit or accept, directly or indirectly, any complimentary service or discount from any person submitting a proposal for a lottery gaming facility or racetrack gaming facility, or from any lottery gaming facility manager or racetrack gaming facility manager, which such official knows or has reason to know is other than a service or discount that is offered to members of the general public in like circumstance.
(e) No state or local official shall influence, or attempt to influence, by use of official authority, the decision of the Kansas lottery commission, lottery gaming facility review board or Kansas racing and gaming commission pursuant to this act; the investigation of a proposal for a lottery gaming facility or racetrack gaming facility pursuant to this act; or any proceeding to enforce the provisions of this act or rules and regulations of the Kansas lottery commission or Kansas racing and gaming commission. Any such attempt shall be reported promptly to the attorney general.
(f) Willful violation of this section is a class A misdemeanor.
History: L. 2007, ch. 110, § 31; April 19.
Each person subject to a background check pursuant to the Kansas expanded lottery act and K.S.A. 2025 Supp. 22-4715, and amendments thereto, shall be subject to a state and national criminal history records check that conforms to applicable federal standards for the purpose of verifying the identity of the applicant and whether the person has been convicted of any crime that would disqualify the person from engaging in activities pursuant to this act. The executive director is authorized to use the information obtained from the national criminal history record check to determine the person's eligibility to engage in such activities.
History: L. 2007, ch. 110, § 32; L. 2024, ch. 15, § 76; July 1.
Each lottery gaming facility manager and each racetrack gaming facility manager shall post one or more signs at the location where such manager operates electronic gaming machines or lottery facility games to inform patrons of the toll-free number available to provide information and referral services regarding compulsive or problem gambling. The text shall be determined by the executive director of the Kansas racing and gaming commission. Failure by a lottery gaming facility manager or racetrack gaming facility manager to post and maintain such signs shall be cause for the imposition of a fine not to exceed $500 per day.
History: L. 2007, ch. 110, § 33; April 19.
The Kansas lottery, lottery gaming facility managers, racetrack gaming facility managers, lottery gaming facility management contracts and racetrack gaming facility management contracts under the Kansas expanded lottery act shall not be subject to the provisions of and restrictions on major procurement contracts, including, but not limited to, the provisions of K.S.A. 74-8705, and amendments thereto.
History: L. 2007, ch. 110, § 34; April 19.
(a) There is hereby established in the state treasury the expanded lottery receipts fund. Separate accounts shall be maintained in such fund for receipt of moneys from each lottery gaming facility manager and racetrack gaming facility manager. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director for the purposes set forth in this act.
(b) All lottery gaming facility revenues from lottery gaming facilities and all net electronic gaming machine income from racetrack gaming facilities shall be paid daily and electronically to the executive director. The executive director shall remit all moneys received therefrom to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of the remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the respective account maintained for the lottery gaming facility manager or racetrack gaming facility manager in the expanded lottery receipts fund.
(c) The executive director shall certify weekly to the director of accounts and reports the percentages or amounts to be transferred from each account maintained in the expanded lottery receipts fund to the expanded lottery act revenues fund, the live horse racing supplement fund, the live greyhound racing purse supplement fund and the problem gambling and addictions grant fund, as provided by the lottery gaming facility management contract or K.S.A. 74-8747, and amendments thereto. Upon receipt of the certification, the director of accounts and reports shall transfer amounts from each such account in accordance with the certification of the executive director. Once each month, the executive director shall cause amounts from each such account to be paid to cities, counties and lottery gaming facility managers in accordance with the lottery gaming facility management contract and to racetrack gaming facility managers in accordance with K.S.A. 74-8747, and amendments thereto.
(d) Amounts remaining in an account in the expanded lottery receipts fund after transfers and payments pursuant to subsection (c) shall be distributed in accordance with the related lottery gaming facility management contract or racetrack gaming facility management contract.
History: L. 2007, ch. 110, § 35; April 19.
(a) (1) There is hereby established in the state treasury the live horse racing purse supplement fund.
(2) Twenty-five percent of all moneys credited to the live horse racing purse supplement fund shall be transferred to the Kansas horse breeding development fund created pursuant to K.S.A. 74-8829, and amendments thereto. Two percent of the moneys credited to the live horse racing purse supplement fund shall be distributed to the official registering agency designated pursuant to K.S.A. 74-8830, and amendments thereto, to be used for horse registration, administration, development, representation and promotion of the Kansas horse racing and breeding industries. A complete financial accounting for the use of the funds received pursuant to this subsection shall be provided annually to the Kansas racing and gaming commission. Fifty percent of the moneys credited to the Kansas horse breeding development fund pursuant to this section shall be used as purse supplements for registered Kansas-bred foals and distributed based upon recommendation from the official horse breed registering agency and approval of the Kansas racing and gaming commission. The balance of funds credited to the Kansas horse breeding development fund pursuant to this section shall be used as breed awards for registered Kansas-bred broodmares and stallions. The Kansas racing and gaming commission shall distribute such moneys credited to the Kansas horse breeding development fund in accordance with K.S.A. 74-8829, and amendments thereto.
(3) Based on the contribution to the Kansas horse racing and breeding industries in Kansas, the balance in the live horse race purse supplement fund shall be distributed in accordance with rules and regulations adopted by the Kansas racing and gaming commission with recommendations by the official registering agency designated pursuant to K.S.A. 74-8830, and amendments thereto.
(b) There is hereby established in the state treasury the live greyhound racing purse supplement fund. Moneys available in such fund shall be paid to the parimutuel licensees for distribution as purse supplements in accordance with rules and regulations of the Kansas racing and gaming commission. Such rules and regulations shall provide that 25% of the total amount credited to such fund shall be transferred to the credit of the Kansas greyhound breeding development fund, created pursuant to K.S.A. 74-8831, and amendments thereto. Moneys transferred into the Kansas greyhound breeding development fund pursuant to this section shall be used to supplement special stake races and enhance the amount per point paid to the owners of Kansas-whelped greyhounds which win live races at Kansas greyhound tracks in accordance with Kansas racing and gaming commission rules and regulations. Upon the recommendation of the official greyhound breed registry, the Kansas racing and gaming commission may transfer moneys from the Kansas greyhound breeding development fund to the live greyhound racing purse supplement fund.
(c) All purse supplements paid pursuant to this act shall be according to the point schedule in effect on January 1, 2003, at the respective parimutuel licensee locations. All purse supplements paid pursuant to this section shall be in addition to purses and supplements paid under K.S.A. 74-8801 et seq., and amendments thereto.
History: L. 2007, ch. 110, § 36; April 19.
(a) There is hereby created the expanded lottery act revenues fund in the state treasury. All expenditures and transfers from such fund shall be made in accordance with appropriation acts. All moneys credited to such fund shall be expended or transferred only for the purposes of reduction of state debt, state infrastructure improvements, the university engineering initiative act and reduction of the unfunded actuarial liability of the system attributable to the state of Kansas and participating employers under K.S.A. 74-4931, and amendments thereto, by the Kansas public employees retirement system.
(b) On July 1, 2021, July 1, 2022, July 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, July 1, 2027, July 1, 2028, July 1, 2029, July 1, 2030, and July 1, 2031, or as soon thereafter such date as moneys are available, the first $10,500,000 credited to the expanded lottery act revenues fund shall be transferred by the director of accounts and reports from the expanded lottery act revenues fund in one or more substantially equal amounts, to each of the following: The Kan-grow engineering fund – KU, Kan-grow engineering fund – KSU and Kan-grow engineering fund – WSU. Each such special revenue fund shall receive $3,500,000 annually in each of such years. Commencing in fiscal year 2014, after such transfer has been made, 50% of the remaining moneys credited to the fund shall be transferred on a quarterly basis by the director of accounts and reports from the fund to the Kansas public employees retirement system fund to be applied to reduce the unfunded actuarial liability of the system attributable to the state of Kansas and participating employers under K.S.A. 74-4931 et seq., and amendments thereto, until the system as a whole attains an 80% funding ratio as certified by the board of trustees of the Kansas public employees retirement system.
History: L. 2007, ch. 110, § 37; L. 2011, ch. 109, § 9; L. 2012, ch. 171, § 30; L. 2021, ch. 52, § 1; L. 2024, ch. 1, § 7 (Special Session); June 27.
Each person subject to a background check pursuant to the Kansas expanded lottery act and K.S.A. 2025 Supp. 22-4715, and amendments thereto, shall be subject to a state and national criminal history records check which conforms to applicable federal standards for the purpose of verifying the identity of the applicant and whether the person has been convicted of any crime that would disqualify the person from engaging in activities pursuant to this act. The executive director of the Kansas racing and gaming commission is authorized to use the information obtained from the national criminal history record check to determine the person's eligibility to engage in such activities.
History: L. 2007, ch. 110, § 38; L. 2024, ch. 15, § 77; July 1.
(a) No taxes, fees, charges, transfers or distributions, other than those provided for in the Kansas expanded lottery act, shall be made or levied by any city, county or other municipality from or against lottery gaming facility revenues of lottery gaming facilities or net electronic gaming machine income of racetrack gaming facilities.
(b) All sales of games on electronic gaming machines authorized by the Kansas expanded lottery act shall be exempt from sales taxes imposed pursuant to K.S.A. 12-187 et seq., and 79-3601 et seq., and amendments thereto.
History: L. 2007, ch. 110, § 39; April 19.
Pursuant to section 2 of the federal act entitled "An Act to Prohibit Transportation of Gambling Devices in Interstate and Foreign Commerce," 15 U.S.C. §§ 1171 through 1777, the state of Kansas, acting by and through the duly elected and qualified members of the legislature, does hereby in this section, and in accordance with and in compliance with the provisions of section 2 of such federal act, declare and proclaims that it is exempt from the provision of section 2 of such federal act to the extent that such gambling devices as described therein are being transported to or from the Kansas lottery or to or from a lottery gaming facility or racetrack gaming facility or a location within the state of Kansas where such gambling devices are authorized pursuant to the Kansas expanded lottery act.
History: L. 2007, ch. 110, § 40; April 19.
On or before January 1, 2023, the Kansas racing and gaming commission shall adopt such permanent rules and regulations as the commission deems necessary to carry out the duties and functions of the commission pursuant to the Kansas expanded lottery act. Temporary rules and regulations may be adopted by the commission without being subject to the provisions and requirements of K.S.A. 77-415 through 77-438, and amendments thereto, but shall be subject to approval by the attorney general as to legality and shall be filed with the secretary of state and published in the Kansas register. Temporary and permanent rules and regulations shall include, but not be limited to, rules and regulations:
(a) Promoting the integrity of the gaming and finances of lottery gaming facilities and racetrack gaming facilities and shall meet or exceed industry standards for monitoring and controlling the gaming and finances of lottery gaming facility operations and racetrack gaming facility operations and shall give the Kansas racing and gaming commission sufficient authority to monitor and control the gaming operation and to ensure its integrity and security;
(b) prescribing the on-site security arrangements for lottery gaming facilities and racetrack gaming facilities;
(c) requiring reporting of information about any lottery gaming facility manager or racetrack gaming facility manager, and its employees, vendors and finances, necessary or desirable to ensure the security of lottery gaming facility and racetrack gaming facility operations. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Kansas open records act;
(d) requiring reporting and auditing of financial information of lottery gaming facility managers and racetrack gaming facility managers, including, but not limited to, the reporting of profits or losses incurred by lottery gaming facility managers and racetrack gaming facility managers and the reporting of such other information as the Kansas racing and gaming commission requires to determine compliance with the Kansas expanded lottery act and rules and regulations adopted hereunder. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Kansas open records act; and
(e) provisions for oversight of all lottery gaming facility operations and racetrack gaming facility operations, including, but not limited to, oversight of internal controls; oversight of security of facilities; performance of background investigations, determination of qualifications and credentialing of employees, contractors and agents of lottery gaming facility managers, ancillary lottery gaming facility operations and racetrack gaming facilities; auditing of lottery gaming facility revenues and net electronic gaming machine income of racetrack gaming facilities; enforcement of all state laws; and maintenance of the integrity of lottery gaming facility and racetrack gaming facility operations.
History: L. 2007, ch. 110, § 41; L. 2022, ch. 91, § 36; July 1.
The Kansas racing and gaming commission shall appoint or employ such officers and employees as the commission deems necessary to implement, administer and enforce the provisions of the Kansas expanded lottery act and may designate not more than 25 of such officers and employees to be in the unclassified service under the Kansas civil service act.
History: L. 2007, ch. 110, § 42; April 19.
(a) (1) Beginning in calendar year 2019, and at least once every three years thereafter, there shall be conducted a security audit of the Kansas lottery. Any security audit conducted pursuant to this section shall include a comprehensive study and evaluation of all aspects of security in the operation of such state agency. The firm to conduct a security audit shall be selected and shall perform such audit work as provided in K.S.A. 74-8776 through 74-8779, and amendments thereto. The firm selected to perform a security audit shall be experienced in security procedures, including, but not limited to, computer systems and security. A contract to conduct such a security audit required by this subsection shall not be awarded until a background investigation is conducted by the executive director of the Kansas lottery on the person or firm selected to perform the audit. Such background investigation shall include: (A) The vendor to whom the contract is to be awarded; (B) all persons who own a controlling interest in such vendor; and (C) all applicable staff having involvement with the audit.
(2) For the purpose of conducting a security audit under this subsection, a person or a firm selected to perform the security audit shall not be limited to a legal entity permitted by law to engage in practice as a certified public accountant.
(b) Beginning in calendar year 2019, a financial-compliance audit shall be conducted annually on the accounts and transactions of the Kansas lottery and the Kansas lottery commission. The first financial-compliance audit shall examine the accounts and transactions for fiscal year 2019. The firm to conduct this audit work shall be selected as provided in K.S.A. 74-8776 and 74-8777, and amendments thereto. The audits required pursuant to this subsection shall be conducted in accordance with generally accepted governmental auditing standards, and shall be conducted as soon after the close of the fiscal year as practicable, but shall be completed no later than the deadlines as set forth in K.S.A. 74-8779, and amendments thereto.
History: L. 2018, ch. 89, § 1; May 24.
(a) There is hereby created the Kansas lottery audit contract committee, which shall consist of the following members: (1) The executive director of the Kansas lottery or a Kansas lottery employee designated by the executive director; (2) the chairperson of the Kansas lottery commission or a commission member designated by the chairperson of the Kansas lottery commission; and (3) the post auditor or a person designated by the post auditor. The executive director of the Kansas lottery or the person designated by the executive director to serve as a member of the Kansas lottery audit contract committee shall be the chairperson of the committee.
(b) The Kansas lottery audit contract committee shall meet on the call of the chairperson of such committee. A vote of two members of the committee shall be required for any action of the committee.
History: L. 2018, ch. 89, § 2; May 24.
(a) In the procurement of a firm or firms to perform an audit required by K.S.A. 74-8774, and amendments thereto, the executive director of the Kansas lottery shall encourage firms engaged in the lawful practice of their professions to place their names on a list maintained by the executive director of firms to receive requests for proposals on audit contracts.
(b) The executive director of the Kansas lottery shall establish specifications for the conduct by a firm or firms of an audit required by K.S.A. 74-8774, and amendments thereto. The specifications shall be used in preparing requests for proposals and evaluating the proposals received.
(c) For all audits required by K.S.A. 74-8774, and amendments thereto, the executive director of the Kansas lottery shall issue a request for proposals to all firms who have requested to be on the firm list and others who request a copy after notice in the Kansas register. The request for proposals shall request information on the firm's qualifications, the qualifications of staff to be assigned to the job, the firm's technical approach to the audit and the fee. The executive director shall evaluate the proposals received in response to the requests for proposals and for each audit shall prepare a list of at least three and not more than five firms that are, in the opinion of the executive director, qualified to perform such audit or audits. Such list shall be submitted to the Kansas lottery audit contract committee.
History: L. 2018, ch. 89, § 3; May 24.
(a) The Kansas lottery audit contract committee may conduct discussions with each of the firms submitted by the executive director and then shall select a firm or firms from such listing to provide an audit as required by K.S.A. 74-8774, and amendments thereto.
(b) The Kansas lottery audit contract committee shall consider, in making their selection, qualifications of the firm and staff, the technical proposal and fee.
(c) If the Kansas lottery audit contract committee is unable to contract with any of the selected firms, the committee shall request the executive director to provide another list of firms to be reviewed by the committee. Upon receipt of such list, the committee shall proceed in accordance with the provisions of this section.
History: L. 2018, ch. 89, § 4; May 24.
(a) Each contract for an audit required by K.S.A. 74-8774, and amendments thereto, entered into under K.S.A. 74-8776 and 74-8777, and amendments thereto, shall be entered into between the executive director of the Kansas lottery and the firm or firms selected to perform the audit. Each such contract shall require the firm or firms selected to submit evidence that is satisfactory to the Kansas lottery audit contract committee that the firm has general professional liability insurance or specific liability insurance that is adequate for such audit.
(b) In addition to the requirements in subsection (a), each such contract for audit services shall specify the responsibilities undertaken by the firm selected to perform such audit and such firm shall be responsible for all material errors and omissions in the performance of such contract.
(c) Such contracts shall not be subject to the provisions of K.S.A. 75-3739 or 75-37,102 or K.S.A. 75-37,130 through 75-37,135, and amendments thereto.
History: L. 2018, ch. 89, § 5; May 24.
(a) The Kansas lottery audit contract committee shall monitor the performance of the firm or firms conducting audits pursuant to a contract entered into under K.S.A. 74-8778, and amendments thereto, to ensure that such audit is performed in accordance with the specifications developed for the conduct of such audit.
(b) (1) The firm selected to perform an audit required by K.S.A. 74-8774(a), and amendments thereto, shall submit a final written audit report by December 1 of each year to the executive director of the Kansas lottery and the legislative post audit committee.
(2) The firm selected to perform an audit required by K.S.A. 74-8774(b), and amendments thereto, shall submit a preliminary written audit report by September 15 of each year to the executive director of the Kansas lottery and the secretary of administration. A final audit report shall be submitted by October 1 of each year to the executive director of the Kansas lottery, the secretary of administration and the legislative post audit committee.
(c) In the performance of such audit, the officers and employees of the firm or firms performing the audit shall be subject to the same duty of confidentiality applicable to the post auditor and officers and employees of the division of post audit under the legislative post audit act, and shall have access to all books, accounts, records, files, documents and correspondence, confidential or otherwise, of any person or state agency subject to the audit.
History: L. 2018, ch. 89, § 6; May 24.
K.S.A. 74-8774 through 74-8780, and amendments thereto, shall be part of and supplemental to the Kansas lottery act.
History: L. 2018, ch. 89, § 7; May 24.
(a) Sports wagering shall only be conducted in this state in accordance with the provisions of the Kansas lottery act and the Kansas expanded lottery act.
(b) The Kansas lottery may offer sports wagering through one or more lottery gaming facility managers that have contracted with the Kansas lottery in accordance with the Kansas expanded lottery act to manage sports wagering on behalf of the Kansas lottery, including, but not limited to, sports wagering over the internet through websites and mobile device applications, through interactive sports wagering platforms approved by the Kansas lottery and the use of any such platform at the primary facility of a professional sports team or other marketing entity pursuant to a marketing agreement entered into between the lottery gaming facility manager and the professional sports team or other marketing entity in accordance with K.S.A. 2025 Supp. 74-8784, and amendments thereto.
History: L. 2022, ch. 91, § 1; July 1.
(a) Each lottery gaming facility manager shall be limited to three interactive sports wagering platforms that shall be approved by the executive director. Any interactive sports wagering platform approved by the executive director shall serve the public convenience and promote sports wagering in accordance with marketing plans developed by the Kansas lottery to offer sports wagers. Any lottery gaming facility manager may enter into a contract on behalf of the Kansas lottery with an approved interactive sports wagering platform. Any such contract shall be approved by the Kansas lottery. A lottery gaming facility manager shall only accept wagers placed through an interactive sports wagering platform from individuals who are physically located within the state of Kansas at the time of submitting the wager. Sports wagering conducted through the interactive sports wagering platform shall be offered only as approved by the Kansas lottery and in accordance with the provisions of the Kansas expanded lottery act.
(b) (1) Requests for approval of an interactive sports wagering platform submitted to the Kansas lottery shall be in such form and manner as prescribed by the executive director. The lottery gaming facility manager requesting approval shall provide such information regarding the interactive sports wagering platform and the manager's intended use of such platform as the executive director deems necessary. All background investigation requirements required by the Kansas racing and gaming commission pursuant to the Kansas expanded lottery act shall be completed before the executive director shall consider approval and usage of any interactive sports wagering platform. The executive director shall issue a final decision regarding approval of an interactive sports wagering platform within 30 days after the date the request for approval was submitted and shall not unreasonably withhold approval of an interactive sports wagering platform that a lottery gaming facility manager requests to be approved for conducting sports wagering. Lottery gaming facility managers shall not be required to use the same interactive sports wagering platforms.
(2) On or before September 1, 2022, the executive director shall prescribe a process for submission of requests for approval and a process for approval of interactive sports wagering platforms and shall notify all lottery gaming facility managers of such processes.
(3) On or before August 1, 2022, the executive director of the Kansas racing and gaming commission shall prescribe a process for conducting background investigations of interactive sports wagering platforms and shall notify all lottery gaming facility managers of such process. The Kansas racing and gaming commission shall commence background investigations of interactive sports wagering platforms on or before August 15, 2022.
(c) A lottery gaming facility manager may apply to the Kansas lottery for approval of three additional graphical user interfaces specific to a professional sports team or auto racetrack facility that has a marketing agreement with such lottery gaming facility manager to be used to access an interactive sports wagering platform approved by the Kansas lottery.
(d) No lottery gaming facility manager shall provide a line of credit to any person engaged in sports wagering.
(e) A lottery gaming facility manager shall include information and tools to assist players in making responsible decisions and shall provide, at a minimum:
(1) Prominently displayed tools to set limits on the amount of time and money a person spends on any interactive sport wagering platform;
(2) prominently displayed information regarding compulsive gambling and ways to seek treatment and support if a person has a problem; and
(3) a person the ability to exclude the use of certain electronic payment methods if desired by the person.
History: L. 2022, ch. 91, § 2; July 1.
(a) No person shall provide goods, services, software or any other components necessary for the determination of the odds or the outcomes of any wager on a sporting event, directly or indirectly, to a lottery gaming facility manager, including data feeds and odds services, unless such person holds a license issued pursuant to this section.
(b) (1) Upon receipt of a complete application and payment of the required license fee, the commission may issue a sports wagering supplier license to a person who satisfies the requirements of this section and any rules and regulations adopted pursuant thereto. Applications for a sports wagering supplier license shall be submitted in such form and manner as prescribed by the commission.
(2) Such application shall include:
(A) The identity of:
(i) Each person who directly owns at least a 10% ownership interest in the applicant;
(ii) each holding, intermediary or parent company that directly owns at least a 15% ownership interest in the applicant; and
(iii) the chief executive officer and chief financial officer of the applicant or the individual holding an equivalent office with respect to the applicant, as determined by the commission; and
(B) such other information as required by the commission.
(3) The disclosure of any of the following direct or indirect shareholders of the applicant shall be waived:
(A) Any government-created entity, including, but not limited to, any statutorily authorized pension investment board or crown corporation of Canada; and
(B) any investment funds or entities registered with the securities and exchange commission, including any investment advisors or entities under the management of an entity registered with the securities and exchange commission.
(c) Upon request by the applicant, the commission may issue a provisional sports wagering supplier license if the applicant has submitted a complete application and paid the required application fee. Such provisional license shall be for a term specified on the license but not to exceed one year. The holder of a provisional license shall surrender such license to the commission upon the issuance of a sports wagering supplier license to such person.
(d) The commission shall establish the fee for the issuance and renewal of a sports wagering supplier license and provisional sports wagering supplier license.
(e) A sports wagering supplier license shall be valid for a period of two years from the date issued.
(f) A sports wagering supplier license may be renewed by the licensee prior to the expiration thereof upon application and payment of the required renewal fee.
History: L. 2022, ch. 91, § 3; July 1.
(a) A professional sports team, auto racetrack facility or other marketing entity may enter into a marketing agreement with a lottery gaming facility manager for the purpose of marketing sports wagering at the primary facility of such professional sports team, auto racetrack facility or the premises of such other marketing entity. All sports wagering shall be managed by the lottery gaming facility manager. No owner, director, officer, employee or agent of the professional sports team or other marketing entity shall have any duties directly related to the management of sports wagering except as expressly provided in the marketing agreement.
(b) (1) A marketing agreement shall provide that the professional sports team, auto racetrack facility or other marketing entity shall promote and advertise sports wagering on behalf of the contracting lottery gaming facility manager at the primary facility of the professional sports team, auto racetrack facility or the premises of such other marketing entity. Promotion and advertising may include, but shall not be limited to:
(A) Advertising through signage and other media, including electronic media;
(B) allowing devices, such as kiosks, to be located within the primary facility of the professional sports team or auto racetrack facility to allow patrons to engage in sports wagering; and
(C) providing access to mobile device applications that allow patrons to access the interactive sports wagering platforms utilized by the lottery gaming facility manager managing sports wagering at such primary facility or other premises.
(2) A marketing agreement shall expressly prohibit the professional sports team, auto racetrack facility or other marketing entity and any owner, director, officer, employee or agent of such professional sports team, auto racetrack facility or other marketing entity from taking any bets, paying out any prizes or otherwise having any control or access to the interactive sports wagering platform or any other system used by the lottery gaming facility manager to manage sports wagering.
(3) If the primary facility or other premises specified in the marketing agreement is located outside a gaming zone, then all sports wagering at such facility or other premises shall be conducted through an interactive sports wagering platform.
(c) Any lottery gaming facility manager may enter into marketing agreements with not more than 50 marketing entities. Not less than 20% of such agreements shall be with a nonprofit fraternal or veterans organizations.
(d) Any lottery gaming facility manager seeking to enter into a marketing agreement pursuant to this section shall submit such marketing agreement to the Kansas lottery for approval. No such marketing agreement shall become effective until it is approved by the executive director of the Kansas lottery. If the marketing agreement satisfies all of the requirements of the Kansas lottery act and the Kansas expanded lottery act, then it shall be approved. If the agreement is not approved, the executive director shall notify the parties to the agreement that approval has been denied and provide the reasons for such denial.
History: L. 2022, ch. 91, § 4; July 1.
The executive director shall adopt rules and regulations regarding the advertisement for sports wagering. Such rules and regulations shall be adopted on or before January 1, 2023, and shall include, but not be limited to:
(a) Ensuring that advertisements, including limitations on the form, content, quantity, timing and location of such advertisements, do not target children and minors, or other persons who are ineligible to place wagers, or problem gamblers or other vulnerable persons;
(b) disclosure of the identity of the lottery gaming facility manager in all such advertisements;
(c) provision of the toll-free number for information and referral services for compulsive and problem gambling; and
(d) prohibitions on false, misleading or deceptive advertisements.
History: L. 2022, ch. 91, § 5; July 1.
The Kansas lottery may restrict, limit or exclude wagering on one or more sporting events by providing notice to all lottery gaming facility managers in such form and manner as prescribed by the executive director. Offering or taking wagers that are contrary to any such notice or any rules and regulations promulgated by either the Kansas lottery or the Kansas racing and gaming commission on a sporting event is a violation of the Kansas expanded lottery act.
History: L. 2022, ch. 91, § 6; July 1.
(a) Lottery gaming facility managers shall use reasonable methods to:
(1) Prohibit such manager, and any director, officer, owner and employee of the manager, and any relative living in the same household as such persons, from placing wagers with the manager at the manager's location or through the manager's interactive sports wagering platform;
(2) prohibit an interactive sports wagering platform, any director, officer, owner and employee of such platform and any relative living in the same household as such persons from placing any wager through such platform or at the manager's location, except that nothing in this paragraph shall be construed to prohibit any such person from placing any wager through a lottery gaming facility manager or interactive sports wagering platform with which such person has no affiliation;
(3) prohibit any director, officer, owner and employee of the sports wagering platform, and any relative living in the same household as such persons, from placing wagers with the manager;
(4) prohibit athletes, coaches, referees, team owners, employees of a sports governing body or its member teams, and player and referee union personnel from placing wagers on any sporting event overseen by such sports governing body. In determining which persons are excluded from placing wagers under this paragraph, lottery gaming facility managers shall use publicly available information and any list of such persons that the sports governing body may provide to the Kansas lottery and the Kansas racing and gaming commission;
(5) prohibit any person with access to nonpublic confidential information held by the lottery gaming facility manager from placing wagers with such manager;
(6) prohibit persons from placing wagers as agents or proxies for other persons;
(7) prohibit any person convicted of any felony or misdemeanor offense involving sports wagering, including, but not limited to, the use of funds derived from illegal activity to make wagers, placing wagers to conceal money derived from illegal activity, the use of other individuals to place wagers as part of any wagering scheme to circumvent any provision of federal or state law and the use of false identification to facilitate the placement of any wager or the collection of any prize in violation of federal or state law, from placing wagers; and
(8) maintain the security of wagering data, customer data and other confidential information from unauthorized access and dissemination, provided that nothing in this act shall preclude the use of internet or cloud-based hosting of such data and information or disclosure as required by court order, state or federal law or as otherwise required by this act.
(b) Lottery gaming facility managers shall cooperate with any investigations conducted by the Kansas lottery, the Kansas racing and gaming commission or law enforcement agencies, including, but not limited to, providing or facilitating the provision of account-level betting information and audio or video files relating to persons placing wagers.
(c) Lottery gaming facility managers shall immediately report to the Kansas lottery and the Kansas racing and gaming commission any information relating to:
(1) Criminal or disciplinary proceedings commenced against such manager in connection with such manager's operations in any jurisdiction in which such manager operates;
(2) abnormal wagering activity or patterns that may indicate a concern with the integrity of a sporting event in any jurisdiction in which such manager operates;
(3) any potential breach of the relevant sports governing body's internal rules and codes of conduct pertaining to sports wagering;
(4) any other conduct that corrupts a betting outcome of a sporting event for purposes of financial gain, including match-fixing; and
(5) suspicious or illegal wagering activities, including the use of: Funds derived from illegal activity; wagers to conceal or launder funds derived from illegal activity; agents to place wagers; and false identification when placing wagers.
(d) Information provided by a sports governing body to a lottery gaming facility manager shall be confidential and not subject to the open records act, K.S.A. 45-215 et seq., and amendments thereto, and the lottery gaming facility manager shall not disclose such information or any portion thereof, unless disclosure is required by this act, the Kansas racing and gaming commission, state or federal law or court order. The provisions of this subsection shall expire on July 1, 2027, unless the legislature acts to reenact such provision. The provisions of this subsection shall be reviewed by the legislature prior to July 1, 2027.
(e) Lottery gaming facility managers may use data for determining the result of sports wagers from any source that provides certified league data approved by the executive director.
(f) Any interactive sports wagering platform used by a lottery gaming facility manager shall allow any individual placing a sports wager through such platform to elect to not have such individual's personally identifiable information collected by such platform or by such lottery gaming facility manager for any purpose other than recording the placing of the sportswager, payment of any prize and as otherwise permitted by this section. Such election by an individual shall be maintained by such platform and lottery gaming facility manager until such time as the individual affirmatively cancels such election. No personally identifiable information of an individual who makes such election shall be used by such platform or lottery gaming facility manager except as permitted by this section.
History: L. 2022, ch. 91, § 7; July 1.
(a) Lottery gaming facility managers shall maintain records of:
(1) All wagers placed, including personally identifiable information of the person placing the wager;
(2) the amount and type of wager;
(3) the time the wager was placed;
(4) the location of the wager, including the IP address, if applicable;
(5) the outcome of the wager;
(6) any records of abnormal wagering activity; and
(7) video camera recordings, in the case of in-person wagers.
(b) The records described in subsections (a)(1) through (a)(6) shall be maintained for at least two years after the sporting event occurs. Video recordings described in subsection (a)(7) shall be maintained for at least 30 days after the sporting event occurs. A lottery gaming facility manager shall make such records available for inspection upon request by the Kansas lottery or the Kansas racing and gaming commission or as required by court order.
History: L. 2022, ch. 91, § 8; July 1.
The state shall have a cause of action against any person who knowingly engages in, facilitates or conceals conduct that intends to improperly influence a betting outcome of a sporting event for purposes of financial gain, in connection with betting or wagering on a sporting event. The state may seek damages or other equitable relief. The provisions of this section shall not be construed as a limitation on or bar against any other claims that the state may bring against such person or any other claim that the state may bring for injuries or damages arising out of the operation of sports wagering.
History: L. 2022, ch. 91, § 9; July 1.
(a) Upon request by an individual, a lottery gaming facility manager shall restrict such individual from placing sports wagers with such manager and shall take reasonable measures to prevent such individual from placing sports wagers. The lottery gaming facility manager shall submit the restricted individual's name and pertinent information to the Kansas racing and gaming commission for the sole purpose of having such information disseminated to all other lottery gaming facility managers. Any lottery gaming facility manager that receives such individual's information from the Kansas racing and gaming commission shall restrict such individual from placing sports wagers.
(b) Any winnings of any individual who has requested to be restricted from placing sports wagering bets shall forfeit such winnings, and such winnings shall be credited to the problem gambling grant fund* established under K.S.A. 79-4805, and amendments thereto.
History: L. 2022, ch. 91, § 10; July 1.
(a) There is hereby established in the state treasury the sports wagering receipts fund to be administered by the executive director of the Kansas lottery. Separate accounts shall be maintained in such fund for receipt of moneys from sports wagering conducted by each lottery gaming facility manager. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director, or the executive director's designee, for the purposes set forth in this act.
(b) All revenues from sports wagering conducted by lottery gaming facility managers shall be paid weekly and electronically to the executive director, or as soon as reasonably possible based on the sporting event and the wager placed, but in no event prior to the completion and settling of all bets for the sporting events for which wagers were placed. The executive director shall remit all moneys received therefrom to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and credit such remittance to the respective account in the sports wagering receipts fund maintained for the lottery gaming facility manager.
(c) The executive director shall allow lottery gaming facility managers to carry over negative sports wagering revenues and apply such amounts to returns filed for subsequent weeks. Sports wagering revenues for a week will be considered negative if the sum of the winnings paid to patrons wagering on such manager's sports wagering plus all voided wagers and excise taxes on sports wagering paid pursuant to federal law, exceeds the manager's total bets accepted from sports wagering by patrons. The negative amount of sports wagering revenues shall not be applied back to an earlier week, and moneys previously received by the Kansas lottery will not be refunded unless the manager ceases to manage sports wagering and the last return reported negative sports wagering revenues.
(d) (1) The executive director shall certify weekly to the director of accounts and reports the percentages or amounts to be transferred from each account maintained in the sports wagering receipts fund to the lottery operating fund in accordance with the provisions of K.S.A. 74-8711, and amendments thereto, as provided by the lottery gaming facility management contract. Upon receipt of the certification, the director of accounts and reports shall transfer amounts from each such account in accordance with the certification of the executive director.
(2) The executive director shall cause amounts remaining in each such account to be paid to the lottery gaming facility managers in accordance with each entity's respective contract with the Kansas lottery.
History: L. 2022, ch. 91, § 11; July 1.
(a) There is hereby established in the state treasury the white collar crime fund to be administered by the governor. All moneys credited to the white collar crime fund shall be expended only for the purpose of investigating and prosecuting:
(1) Criminal offenses involving or facilitated by:
(A) The use of funds derived from illegal activity to make wagers;
(B) placing wagers to conceal money derived from illegal activity;
(C) the use of other individuals to place wagers as part of any wagering scheme to circumvent any provision of federal or state law;
(D) the use of false identification to facilitate the placement of any wager or the collection of any prize in violation of federal or state law;
(E) any other unlawful activity involving or facilitated by the placing of wagers; or
(F) any other violation of the Kansas expanded lottery act; or
(2) any financial or economic crime involving any unauthorized gambling.
(b) All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the governor, or the governor's designee, for the purposes set forth in this act.
(c) The attorney general and the executive director of the Kansas racing and gaming commission annually, on or before August 1, shall submit requests to the governor for the amount of such sums that they consider necessary to carry out the purposes of the white collar crime fund. The governor may certify to the director of accounts and reports amounts to be transferred from the white collar crime fund to any special revenue fund or funds of the attorney general and the Kansas racing and gaming commission as deemed appropriate by the governor. Upon receipt of any such certification, the director of accounts and reports shall transfer amounts from the white collar crime fund to the special revenue fund or funds of the attorney general and the Kansas racing and gaming commission in accordance with such certification.
History: L. 2022, ch. 91, § 12; July 1.
(a) There is hereby established in the state treasury the attracting professional sports to Kansas fund. The attracting professional sports to Kansas fund shall be administered by the secretary of commerce. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce, or the secretary's designee, for the purpose set forth in this section.
(b) The secretary of commerce is authorized to pledge all or a portion of the funds held in the attracting professional sports to Kansas fund or sports wagering revenues credited to or to be credited to the attracting professional sports to Kansas fund for the benefit of any professional sports team and used to pay the principal or interest on any bonds issued by the state or any municipality, including, but not limited to, bonds issued pursuant to K.S.A. 12-1740 et seq., 12-1770 et seq. or 12-17,160 et seq., and amendments thereto, which shall include any such financing structured as pay-as-you-go, issued to fund the construction, rehabilitation, revitalization or expansion of a professional sports team's primary facility or any other ancillary development to such primary facility.
(c) Each month, the secretary of commerce shall certify to the director of accounts and reports the amount of moneys held in the attracting professional sports to Kansas fund that are in excess of the amount necessary for the purposes described in subsection (b). Upon receipt of each such certification, the director of accounts and reports shall transfer the amount certified from the attracting professional sports to Kansas fund to the lottery operating fund established in K.S.A. 74-8711, and amendments thereto.
History: L. 2022, ch. 91, § 13; July 1.
Upon receipt of a request to negotiate an existing gaming compact or a new gaming compact regarding sports wagering from a federally recognized Indian tribe pursuant to K.S.A. 2025 Supp. 46-2305, and amendments thereto, the governor shall submit notice of such request to the executive director. Upon receipt of such notice, the executive director shall enter into an agreement with the federally recognized Indian tribe that made such request for the operation and management of sports wagering by such tribe or any corporation, limited liability company or other business entity wholly owned by such tribe on behalf of the state of Kansas. Such agreement shall authorize the Kansas lottery to offer sports wagering through an interactive sports wagering platform to be managed by such tribe or business entity. The terms and conditions of such agreement shall be substantially the same as any lottery gaming facility management contract with respect to the operation and management of sports wagering.
History: L. 2022, ch. 91, § 14; July 1.
K.S.A. 74-8801 through 74-8839 and amendments thereto shall be known and may be cited as the Kansas parimutuel racing act and shall apply to all horse race meetings at which parimutuel wagering is used or intended to be used and to all greyhound race meetings at which parimutuel wagering is used or intended to be used.
History: L. 1987, ch. 112, § 1; L. 1994, ch. 146, § 1; July 1.
As used in the Kansas parimutuel racing act unless the context otherwise requires:
(a) "Breakage" means the odd cents by which the amount payable on each dollar wagered exceeds:
(1) A multiple of $.10, for parimutuel pools from races conducted in this state; and
(2) a multiple of such other number of cents as provided by law of the host jurisdiction, for interstate combined wagering pools.
(b) "Commission" means the Kansas racing and gaming commission created by this act.
(c) "Concessionaire licensee" means a person, partnership, corporation or association licensed by the commission to utilize a space or privilege within a racetrack facility to sell goods or services.
(d) "Contract" means an agreement, written or oral, between two or more persons, partnerships, corporations or associations, or any combination thereof that creates an obligation between the parties.
(e) "Crossover employment" means a situation in which an occupational licensee is concurrently employed at the same racing facility by an organization licensee and a facility owner licensee or facility manager licensee.
(f) "Dual racetrack facility" means a racetrack facility for the racing of both horses and greyhounds or two immediately adjacent racetrack facilities, owned by the same licensee, one for racing horses and one for racing greyhounds.
(g) "Employee" means a person who has applied for a position of employment or is currently employed by the commission.
(h) "Executive director" means the executive director of the commission.
(i) "Facility manager licensee" means a person, partnership, corporation or association licensed by the commission and having a contract with an organization licensee to manage a racetrack facility located in Sedgwick county.
(j) "Facility owner licensee" means a person, partnership, corporation or association, or the state of Kansas or any political subdivision thereof, licensed by the commission to construct or own a racetrack facility located in Sedgwick county. "Facility owner licensee" does not mean an organization licensee that owns the racetrack facility in which it conducts horse or greyhound racing.
(k) "Fair association" means an association organized pursuant to K.S.A. 2-125 et seq., and amendments thereto or a nonprofit association determined by the commission to be otherwise organized to conduct fair activities pursuant to findings of fact entered by the commission in a license order.
(l) "Financial interest" means an interest that could result directly or indirectly in receiving a pecuniary gain or sustaining a pecuniary loss as a result of ownership or interest in a business entity or activity or as a result of a salary, gratuity or other compensation or remuneration from any person.
(m) "Greyhound" means any greyhound breed of dog properly registered with the national greyhound association of Abilene, Kansas.
(n) "Historical horse race machine" means any electronic, electromechanical, video or computerized device, contrivance or machine authorized by the commission that, upon insertion of cash, tokens, electronic cards or any consideration, is available to accept wagers on and simulate the running of historical horse races, and that may deliver or entitle the patron operating the machine to receive cash, tokens, merchandise or credits that may be redeemed for cash. Historical horse race machines shall use historically accurate information of the horse race selected to determine the place of finish of each horse. No random number generator or other algorithm shall be used for determining the results of an historical horse race. Historical horse race machines shall be directly linked to a central computer at a location determined by the commission for purposes of security, monitoring and auditing.
(o) "Horsemen's association" means any association or corporation:
(1) All officers, directors, members and shareholders of which are licensed owners of horses or licensed trainers of horses, or both;
(2) applying for or has been issued a facility owner license authorizing ownership of a racetrack facility; and
(3) none of the officers, directors, members or shareholders of which holds another facility owner license or is an officer, director, member or shareholder of another facility owner licensee.
(p) "Horsemen's nonprofit organization" means any nonprofit organization:
(1) All officers, directors, members or shareholders of which are licensed owners of horses or licensed trainers of horses, or both; and
(2) applying for or has been issued an organization license authorizing the conduct of horse races at a racetrack facility.
(q) "Host facility" means the racetrack at which the race is run or, if the race is run in a jurisdiction that is not participating in the interstate combined wagering pool, the racetrack or other facility that is designated as the host facility.
(r) "Host jurisdiction" means the jurisdiction where the host facility is located.
(s) "Interstate combined wagering pool" means a parimutuel pool established in one jurisdiction that is combined with comparable parimutuel pools from one or more racing jurisdictions for the purpose of establishing the amount of money returned on a successful wager in the participating jurisdictions.
(t) "Intertrack wagering" means wagering on a simulcast race at a licensed racetrack facility or at a facility that is licensed in its racing jurisdiction to conduct live races.
(u) "Intrastate combined wagering pool" means a parimutuel pool that is combined with comparable parimutuel pools from one or more racetrack facilities for the purpose of establishing the amount of money returned on a successful wager at the participating racetrack facilities.
(v) "Kansas-whelped greyhound" means a greyhound whelped and raised in Kansas for the first six months of its life.
(w) "Licensee" means a person who has submitted an application for licesure or currently holds a license issued by the commission.
(x) "Minus pool" means a parimutuel pool in which, after deducting the takeout, not enough money remains in the pool to pay the legally prescribed minimum return to those placing winning wagers, and in which the organization licensee would be required to pay the remaining amount due.
(y) "Nonprofit organization" means:
(1) A corporation that is incorporated in Kansas as a not-for-profit corporation pursuant to the Kansas general corporation code and the net earnings of which do not inure to the benefit of any shareholder, individual member or person; or
(2) a fair association.
(z) "Occupation licensee" means a person licensed by the commission to perform an occupation or provide services that the commission has identified as requiring a license pursuant to this act.
(aa) "Off-track wagering" means wagering on a simulcast race at a facility that is not licensed in its jurisdiction to conduct live races.
(bb) "Organization licensee" means a nonprofit organization licensed by the commission to conduct races pursuant to this act and, if the license so provides, to construct or own a racetrack facility.
(cc) "Parimutuel pool" means the total money wagered by individuals on one or more horses or greyhounds in a particular horse or greyhound race to win, place or show, or combinations thereof, as established by the commission, and, except in the case of an interstate or intrastate combined wagering pool, held by the organization licensee pursuant to the parimutuel system of wagering. There is a separate parimutuel pool for win, for place, for show and for each of the other forms of betting provided for by the rules and regulations of the commission.
(dd) "Parimutuel wagering" means a form of wagering on the outcome of horse and greyhound races, including historical horse races conducted by an historical horse race machine, in which those who wager purchase tickets of various denominations on one or more horses or greyhounds and all wagers for each race are pooled and the winning ticket holders are paid prizes from such pool in amounts proportional to the total receipts in the pool.
(ee) "Race meeting" means one or more periods of racing days during a calendar year designated by the commission for which an organization licensee has been approved by the commission to hold live horse or greyhound races or simulcast horse races at which parimutuel wagering is conducted, including such additional time as designated by the commission for the conduct of official business before and after the races.
(ff) "Racetrack facility" means a racetrack within Kansas used for the racing of horses or greyhounds, or both, including the track surface, grandstands, clubhouse, all animal housing and handling areas, other areas in which a person may enter only upon payment of an admission fee or upon presentation of authorized credentials and such additional areas as designated by the commission. The term "racetrack facility" includes a facility used for the display of and wagering on simulcast races and the operation of historical horse race machines without any live horse or greyhound races being conducted.
(gg) "Racing jurisdiction" or "jurisdiction" means a governmental authority that is responsible for the regulation of live or simulcast racing in its jurisdiction.
(hh) "Racing or wagering equipment or services licensee" means any person, partnership, corporation or association licensed by the commission to provide integral racing or wagering equipment or services, as designated by the commission, to an organization licensee.
(ii) "Recognized greyhound owners' group" means the duly recognized group elected in accordance with rules and regulations of the commission by a majority of the Kansas licensed greyhound owners at the racetrack facility voting in the election. The commission may designate an organization such as the national greyhound association of Abilene, Kansas, to conduct the election.
(jj) "Recognized horsemen's group" means the duly recognized group, representing the breeds of horses running at a racetrack facility, elected in accordance with rules and regulations of the commission by a majority of the licensed owners and trainers at the racetrack facility voting in the election. If the licensee does not have a recognized horsemen's group, the commission shall designate as the recognized horsemen's group one that serves another organization licensee, but not one that serves a fair association organization licensee.
(kk) "Simulcast" means a live audio-visual broadcast of an actual horse race at the time it is run.
(ll) "Takeout" means the total amount of money withheld from each parimutuel pool for the payment of purses, taxes and the share to be kept by the organization licensee. Takeout does not include the breakage. The balance of each pool less the breakage is distributed to the holders of winning parimutuel tickets.
History: L. 1987, ch. 112, § 2; L. 1989, ch. 246, § 1; L. 1992, ch. 27, § 1; L. 1992, ch. 286, § 1; L. 1994, ch. 228, § 1; L. 1994, ch. 332, § 1; L. 1996, ch. 145, § 1; L. 1998, ch. 178, § 1; L. 2022, ch. 91, § 37; L. 2024, ch. 15, § 78; L. 2025, ch. 92, § 1; July 1.
History: L. 1987, ch. 112, § 2; L. 1989, ch. 246, § 1; L. 1992, ch. 27, § 1; L. 1992, ch. 286, § 1; L. 1994, ch. 228, § 1; L. 1994, ch. 332, § 1; L. 1996, ch. 256, § 19; Repealed, L. 1998, ch. 152, § 2; Repealed, L. 1998, ch. 178, § 10; May 21.
History: L. 1987, ch. 112, § 2; L. 1989, ch. 246, § 1; L. 1992, ch. 27, § 1; L. 1992, ch. 286, § 1; L. 1994, ch. 228, § 1; L. 1994, ch. 332, § 1; L. 1996, ch. 262, § 1; Repealed, L. 1998, ch. 152, § 2; Repealed, L. 1998, ch. 178, § 10; May 21.
(a) There is hereby created the Kansas racing and gaming commission, consisting of five members who shall be appointed by the governor, subject to confirmation by the senate as provided by K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed to the commission shall exercise any power, duty or function as a member of the commission until confirmed by the senate.
(b) Before appointing any person as a member of the commission, the governor shall cause the Kansas bureau of investigation to conduct a criminal history record check and background investigation of the person in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto.
(c) The members of the commission shall meet the following qualifications:
(1) Each member shall be a citizen of the United States and an actual resident of Kansas at the time of appointment and during such member's term of office with the commission;
(2) each member shall have been a resident of Kansas for a continuous period of not less than five years immediately preceding appointment to the commission; and
(3) no member shall have been convicted of a felony under the laws of any state or of the United States at any time prior to appointment or during such member's term of office with the commission.
(d) The governor shall make appointments to the commission in such a manner that:
(1) Not more than three members belong to the same political party at the time of appointment and during their terms of office with the commission; and
(2) subject to the provisions of K.S.A. 75-4315c, and amendments thereto each congressional district has at least one member residing in such district at the time of appointment.
(e) Except as provided by subsection (f), each member appointed before July 1, 1995, shall be appointed for a term of three years and until a successor is appointed and confirmed. Each member appointed on or after July 1, 1995, shall be appointed for a term of four years and until a successor is appointed and confirmed.
(f) The terms of members who are serving on the commission on the effective date of this act shall expire on January 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(g) A vacancy on the commission shall be filled for the unexpired term by appointment by the governor.
(h) The commission shall meet at such times and places within this state as the chairperson or a majority of the commission members determines. A majority of the members shall constitute a quorum for the conduct of commission business.
(i) The governor shall designate a member of the commission as chairperson of the commission, to serve in that capacity at the pleasure of the governor. The members of the commission annually shall elect a vice-chairperson and secretary from the membership of the commission.
(j) Members of the commission shall receive such compensation as determined by the governor, subject to the limitations of appropriations therefor, and, when attending meetings of the commission, or a subcommittee meeting thereof approved by the commission, shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: L. 1987, ch. 112, § 3; L. 1992, ch. 262, § 14; L. 1995, ch. 241, § 19; L. 1995, ch. 255, § 7; L. 1996, ch. 256, § 20; L. 2024, ch. 15, § 79; July 1.
(a) On the effective date of this act the Kansas racing commission shall be and is hereby officially designated as the Kansas racing and gaming commission.
(b) On and after the effective date of this act, whenever the Kansas racing commission, or words of like effect, is referred to or designated by a statute, contract or other document, created before the effective date of this act, such reference or designation shall mean and apply to the Kansas racing and gaming commission.
(c) Nothing in this act shall be construed as abolishing or reestablishing the Kansas racing commission.
History: L. 1996, ch. 256, § 18; July 1.
(a) During live race meetings or simulcast racing operations, the commission and its designated employees may observe and inspect all racetrack facilities operated by licensees, all racetracks simulcasting races to racetrack facilities in Kansas and all historical horse race machines, including, but not limited to, all machines, equipment and facilities used for parimutuel wagering.
(b) Commission members and presiding officers may administer oaths and take depositions to the same extent and subject to the same limitations as would apply if the deposition was in aid of a civil action in the district court.
(c) The commission may examine, or cause to be examined by any agent or representative designated by the commission, any books, papers, records or memoranda of any licensee, or of any racetrack or business involved in simulcasting races to racetrack facilities in Kansas or operating historical horse race machines, for the purpose of ascertaining compliance with any provision of this act or any rule and regulation adopted hereunder.
(d) The commission may issue subpoenas to compel access to or for the production of any books, papers, records or memoranda in the custody or control of any licensee or officer, member, employee or agent of any licensee, or to compel the appearance of any licensee or officer, member, employee or agent of any licensee, or of any racetrack or business involved in simulcasting races to racetrack facilities in this state or operating historical horse race machines, for the purpose of ascertaining compliance with any of the provisions of this act or any rule and regulation adopted hereunder. Subpoenas issued pursuant to this subsection may be served upon individuals and corporations in the same manner provided in K.S.A. 60-304, and amendments thereto, for the service of process by any officer authorized to serve subpoenas in civil actions or by the commission or an agent or representative designated by the commission. In the case of the refusal of any person to comply with any such subpoena, the executive director may make application to the district court of any county where such books, papers, records, memoranda or person is located for an order to comply.
(e) The commission shall allocate equitably race meeting dates, racing days and hours to all organization licensees and assign such dates and hours so as to minimize conflicting dates and hours within the same geographic market area.
(f) The commission shall have the authority, after notice and an opportunity for hearing in accordance with rules and regulations adopted by the commission, to exclude, or cause to be expelled, from any race meeting or racetrack facility, or to prohibit a licensee from conducting business with any person:
(1) Who has violated the provisions of this act or any rule and regulation or order of the commission;
(2) who has been convicted of a violation of the racing or gambling laws of this or any other state or of the United States or has been adjudicated of committing as a juvenile an act which, if committed by an adult, would constitute such a violation; or
(3) whose presence, in the opinion of the commission, reflects adversely on the honesty and integrity of horse or greyhound racing or interferes with the orderly conduct of a race meeting.
(g) The commission shall review and approve all proposed construction and major renovations to racetrack facilities owned or leased by licensees.
(h) The commission shall review and approve all proposed contracts with racetracks or businesses involved in simulcasting races to racetrack facilities in Kansas or operating historical horse race machines.
(i) The commission may suspend a horse or greyhound from participation in races if such horse or greyhound has been involved in any violation of the provisions of this act or any rule and regulation or order of the commission.
(j) The commission, within 72 hours after any action taken by a steward or racing judge and upon appeal by any interested party or upon its own initiative, may overrule any decision of a steward or racing judge, other than a decision regarding disqualifications for interference during the running of a race, if the preponderance of evidence indicates that:
(1) The steward or racing judge mistakenly interpreted the law;
(2) new evidence of a convincing nature is produced; or
(3) the best interests of racing and the state may be better served.
A decision of the commission to overrule any decision of a steward or racing judge shall not change the distribution of parimutuel pools to the holders of winning tickets. A decision of the commission which would affect the distribution of purses in any race shall not result in a change in that distribution unless a written claim is submitted to the commission within 48 hours after completion of the contested race by one of the owners or trainers of a horse or greyhound that participated in such race and a preponderance of evidence clearly indicates to the commission that one or more of the grounds for protest, as provided for in rules and regulations of the commission, has been substantiated.
(k) The commission shall review and approve all proposed historical horse race machines and all proposed types of wagering to be conducted on such machines.
(l) The commission, after notice and a hearing in accordance with rules and regulations adopted by the commission, may impose a civil fine not exceeding $5,000 for each violation of any provision of this act, or any rule and regulation of the commission, for which no other penalty is provided.
(m) The commission shall adopt rules and regulations specifying and regulating:
(1) Those drugs and medications that may be administered, and possessed for administration, to a horse or greyhound within the confines of a racetrack facility; and
(2) that equipment for administering drugs or medications to horses or greyhounds that may be possessed within the confines of a racetrack facility.
(n) The commission may adopt rules and regulations providing for the testing of any licensees of the commission, and any officers, directors and employees thereof, to determine whether they are users of any controlled substances.
(o) The commission shall require fingerprinting of all persons necessary to verify qualification for employment by the commission or to verify qualification for any license, including a simulcasting license, issued pursuant to this act. The commission shall submit such fingerprints to the Kansas bureau of investigation and to the federal bureau of investigation for the purposes of verifying the identity of such persons and obtaining records of criminal arrests and convictions.
(p) The commission, in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto, may receive from commission security personnel, the Kansas bureau of investigation or other criminal justice agencies, including, but not limited to, the federal bureau of investigation and the federal internal revenue service, such criminal history record information, including arrest and nonconviction data, criminal intelligence information and information relating to criminal and background investigations as necessary for the purpose of determining qualifications of employees or licensees. Upon the written request of the chairperson of the commission, the commission may receive from the district courts such information relating to juvenile proceedings as necessary for the purpose of determining qualifications of employees or licensees.
(q) The commission, in accordance with K.S.A. 75-4319, and amendments thereto, may recess for a closed or executive meeting to receive and discuss information received by the commission pursuant to subsection (o) and to negotiate with licensees of or applicants for licensure by the commission regarding any such information.
(r) The commission may enter into agreements with the federal bureau of investigation, the federal internal revenue service, the Kansas attorney general or any state, federal or local agency as necessary to carry out the duties of the commission under this act.
(s) The commission shall adopt such rules and regulations as necessary to implement and enforce the provisions of this act.
History: L. 1987, ch. 112, § 4; L. 1988, ch. 315, § 3; L. 1992, ch. 27, § 3; L. 1992, ch. 286, § 2; L. 1993, ch. 76, § 1; L. 1994, ch. 146, § 3; L. 1995, ch. 255, § 8; L. 1996, ch. 262, § 2; L. 2004, ch. 145, § 30; L. 2022, ch. 91, § 38; L. 2024, ch. 15, § 80; July 1.
(a) (1) The governor shall appoint, subject to confirmation by the senate as provided by K.S.A. 75-4315b, and amendments thereto, an executive director of the commission, to serve at the pleasure of the governor and under the direction and supervision of the commission. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as executive director shall exercise any power, duty or function as executive director until confirmed by the senate. Before appointing any person as executive director, the governor shall cause the Kansas bureau of investigation to conduct a criminal history record check and background investigation of the person.
(2) The executive director shall: (A) Be in the unclassified service under the Kansas civil service act; (B) devote full time to the executive director's assigned duties; (C) receive such compensation as determined by the governor, subject to the limitations of appropriations therefor; (D) be a citizen of the United States and an actual resident of Kansas during employment by the commission; (E) not have been convicted of a felony under the laws of any state or of the United States prior to or during employment by the commission; and (F) have familiarity with the horse and dog racing industries sufficient to fulfill the duties of the office of executive director.
(3) The executive director shall: (A) Recommend to the commission the number and qualifications of employees necessary to implement and enforce the provisions of this act; (B) employ persons for those positions approved by the commission, subject to the limitations of appropriations therefor; and (C) perform such other duties as directed by the commission.
(b) (1) The executive director shall appoint an inspector of parimutuels to serve at the pleasure of the executive director. Before appointing any person as inspector of parimutuels, the executive director shall cause the Kansas bureau of investigation to conduct a criminal history record check and background investigation of the person.
(2) The inspector of parimutuels shall: (A) Be in the unclassified service under the Kansas civil service act; (B) devote full time to the inspector's assigned duties; (C) receive such compensation as determined by the executive director, subject to the limitations of appropriations therefor; (D) be a citizen of the United States and an actual resident of Kansas during employment as inspector of parimutuels; (E) not have been convicted of a felony under the laws of any state or of the United States prior to or during employment by the commission; and (F) be a certified public accountant with at least three years of auditing experience.
(3) The inspector of parimutuels shall: (A) Inspect and audit the conduct of parimutuel wagering by organization licensees, including the equipment and facilities used and procedures followed; (B) train and supervise such personnel as employed by the executive director to assist with such duties; and (C) perform such other duties as directed by the executive director.
(c) (1) The executive director shall appoint a director of security to serve at the pleasure of the executive director. Before appointing any person as director of security, the executive director shall cause the Kansas bureau of investigation to conduct a criminal history record check and background investigation of the person in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto.
(2) The director of security shall: (A) Be in the unclassified service under the Kansas civil service act; (B) devote full time to the security director's assigned duties; (C) receive such compensation as determined by the executive director, subject to the limitations of appropriations therefor; (D) be a citizen of the United States and an actual resident of Kansas during employment as director of security; (E) not have been convicted of a felony under the laws of any state or of the United States prior to or during employment by the commission; and (F) be a professional law enforcement officer with a minimum of five years' experience in the field of law enforcement and at least a bachelor's degree in law enforcement administration, law, criminology or a related science or, in lieu thereof, a minimum of 10 years' experience in the field of law enforcement.
(3) The director of security shall: (A) Conduct investigations relating to compliance with the provisions of this act and rules and regulations of the commission; (B) recommend proper security measures to organization licensees; (C) train and supervise such personnel as employed by the executive director to assist with such duties; and (D) perform such other duties as directed by the executive director.
(d) (1) The executive director may appoint a director of racing operations to serve at the pleasure of the executive director. Before appointing any person as director of racing operations, the executive director shall cause the Kansas bureau of investigation to conduct a criminal history record check and background investigation of the person.
(2) The director of racing operations shall: (A) Be in the unclassified service under the Kansas civil service act; (B) devote full time to the director's assigned duties; (C) receive such compensation as determined by the executive director, subject to the limitations of appropriations therefor; (D) be a citizen of the United States and an actual resident of Kansas during employment as director of racing operations; (E) not have been convicted of a felony under the laws of any state or of the United States prior to or during employment by the commission; and (F) have a minimum of five years' experience in racing operations.
(3) The director of racing operations shall: (A) Supervise racing operations, including stewards and racing judges; (B) be responsible for training and education of stewards and racing judges; (C) advise the commission on necessary or desirable changes in rules and regulations relating to conduct of races; (D) train and supervise such personnel as employed by the executive director to assist with such duties; and (E) perform such other duties as directed by the executive director.
(e) The commission may appoint an advisory committee of persons knowledgeable in the horse and greyhound breeding and racing industries to provide information and recommendations to the commission regarding the administration of this act. Members of such advisory committee shall serve without compensation or reimbursement of expenses.
(f) Except as otherwise provided by this act, all employees of the commission shall be in the classified service under the Kansas civil service act.
(g) No employee of the commission shall have been convicted of a felony under the laws of any state or of the United States prior to or during employment by the commission. Before employing any person, the commission shall cause a criminal history record check of the person to be conducted.
(h) The commission shall cause the Kansas bureau of investigation to conduct a criminal history record check and background investigation of a person before employing the person in any of the following positions:
(1) Deputy director;
(2) accountant;
(3) computer systems analyst;
(4) legal assistant;
(5) auditor;
(6) racing judge;
(7) steward;
(8) enforcement agent;
(9) office supervisor;
(10) human resource manager;
(11) office specialist; or
(12) any other sensitive position, as determined by the commission.
History: L. 1987, ch. 112, § 5; L. 1990, ch. 293, § 2; L. 1995, ch. 255, § 9; L. 1996, ch. 145, § 2; L. 2008, ch. 121, § 15; L. 2024, ch. 15, § 81; July 1.
(a) The commission shall employ an animal health officer and such assistant animal health officers as needed to serve at the pleasure of the commission. Before employing any person as the animal health officer, the commission shall cause the Kansas bureau of investigation to conduct a criminal history record check and background investigation of the person in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto.
(b) The animal health officer and assistant animal health officers shall:
(1) Be doctors of veterinary medicine;
(2) be in the unclassified service under the Kansas civil service act;
(3) receive such compensation as determined by the commission, subject to the limitations of appropriations therefor; and
(4) while employed by the commission, devote full time to the duties of the office.
(c) The animal health officer shall:
(1) Supervise the formulation, administration and evaluation of all medical tests the commission's rules and regulations require or authorize;
(2) advise the commission on all aspects of veterinary medicine relating to its powers and duties;
(3) supervise all personnel involved in conducting physical examinations and medical testing of racing animals, as directed by the executive director; and
(4) perform such other duties as directed by the commission.
(d) The assistant animal health officers shall:
(1) Conduct physical examinations and medical tests of racing animals as prescribed by the commission;
(2) administer emergency treatment of racing animals at race meetings as authorized by the owners of such animals or their agents; and
(3) perform such other duties as directed by the commission.
(e) The animal health officer or an assistant animal health officer may possess and administer drugs and medications to horses and greyhounds within a racetrack facility as authorized by rules and regulations of the commission.
(f) The commission may require an organization licensee to reimburse the commission for services performed by assistant animal health officers at race meetings conducted by the organization licensee.
(g) The commission may obtain medical services as required by contract with an institution which teaches animal health sciences within the state.
(h) The commission shall contract with one or more laboratory facilities for the analysis of samples taken for the purpose of enforcing compliance with K.S.A. 74-8811, and amendments thereto. In entering into any contract under this subsection, the commission shall give preference to laboratory facilities located in this state.
History: L. 1987, ch. 112, § 6; L. 1988, ch. 316, § 1; L. 1995, ch. 255, § 10; L. 2024, ch. 15, § 82; July 1.
(a) Employees of the commission designated by the executive director, with the approval of the commission, are hereby vested with the power and authority of law enforcement officers in the execution of the duties imposed upon the commission by the provisions of this act.
(b) Employees designated pursuant to subsection (a) shall have the authority to:
(1) Make arrests, conduct searches and seizures and carry firearms while investigating violations of this act and during routine conduct of their duties as determined by the executive director;
(2) make arrests, conduct searches and seizures and generally enforce all criminal laws of the state as violations of such laws are encountered by such employees during the routine performance of their duties; and
(3) issue notices to appear pursuant to K.S.A. 22-2408 and amendments thereto.
(c) No employee of the commission shall be certified to carry firearms under the provisions of this section without having first successfully completed the firearms training course or courses prescribed for law enforcement officers under subsection (a) of K.S.A. 74-5604a and amendments thereto. The commission may adopt rules and regulations prescribing other training required for such employees.
(d) It shall be the duty of the Kansas bureau of investigation to conduct, or assist the security division of the commission or other law enforcement agencies in conducting, investigations of criminal violations of this act and violations of the rules and regulations adopted hereunder. Such duty may be performed independently of or in conjunction with employees of the commission designated pursuant to this section. Employees of the commission shall report immediately any criminal violations of this act or other suspected criminal activity at a racetrack facility to the Kansas bureau of investigation. Employees of the Kansas bureau of investigation shall report any violations or suspected violations of the rules and regulations adopted pursuant to this act to the executive director or to employees of the commission designated pursuant to this section.
History: L. 1987, ch. 112, § 7; L. 1994, ch. 161, § 1; L. 1996, ch. 256, § 21; July 1.
Each member, employee or appointee of the commission, including stewards and racing judges, shall furnish bond or other good and sufficient security in an amount and upon such terms as established by the state committee on surety bonds and insurance pursuant to K.S.A. 75-4101 et seq., and amendments thereto. The cost of any such bonds shall be paid by the commission.
History: L. 1987, ch. 112, § 8; May 28.
(a) The attorney general shall appoint, with the approval of the commission, not more than two assistant attorneys general who shall be assigned to assist the commission in all matters, including the enforcement of this act, the tribal gaming oversight act. Such attorneys shall be in the unclassified service under the Kansas civil service act and shall receive annual salaries fixed by the attorney general, with the approval of the commission, subject to the limitations of appropriations therefor. Such salaries and any subsistence, mileage and other travel expenses of such attorneys general shall be paid from the state racing fund created by K.S.A. 74-8826 and amendments thereto, as an operating expense of the commission, subject to reimbursement from the tribal gaming fund created by K.S.A. 74-9808 and amendments thereto for that portion of any such salary and subsistence, mileage and other travel expenses attributable to work performed relating to tribal gaming matters.
(b) On or before the 15th day of each month, commencing with the month following the first month that salaries or subsistence, mileage or other travel expenses are expended for work performed relating to tribal gaming matters, the director of accounts and reports shall transfer moneys in the tribal gaming fund to the state racing fund in an amount certified monthly by the executive director and determined as equal to the salary and subsistence, mileage and other travel expenses of the commission incurred during the preceding month and attributable to work performed on tribal gaming matters by assistant attorneys general assigned to the commission.
History: L. 1987, ch. 112, § 9; L. 1998, ch. 178, § 2; May 21.
(a) It is a class A nonperson misdemeanor for any person to have a financial interest, directly or indirectly, in any racetrack facility within the state of Kansas or in any host facility for a simulcast race displayed in this state:
(1) While such person is executive director or a member of the commission or during the five years immediately following such person's term as executive director or member of the commission; or
(2) while such person is an officer, director or member of an organization licensee, other than a fair association or horsemen's nonprofit organization, or during the five years immediately following the time such person is an officer, director or member of such an organization licensee.
(b) It is a class A nonperson misdemeanor for any person to hold any paid position with any facility manager licensee, facility owner licensee or organization licensee or to have any financial interest, directly or indirectly, in any racetrack facility within the state of Kansas:
(1) While such person is a member of the Kansas legislature or during the five years immediately following such person's term as such member; or
(2) if such person is (A) the spouse of a member of the Kansas legislature, (B) the spouse of a person who has been a member of the Kansas legislature during the preceding five years or (C) one of the following blood-relatives, half-relatives or step-relatives of a member of the Kansas legislature or a person who has been a member of the Kansas legislature during the preceding five years: Parent, grandparent, brother, sister, child, son-in-law, daughter-in-law, grandchild, uncle, aunt, parent-in-law, brother-in-law or sister-in-law.
(c) It is a class A nonperson misdemeanor for any member, employee or appointee of the commission, including stewards and racing judges, to knowingly:
(1) Participate in the operation of or have a financial interest in any business which has been issued a concessionaire license, racing or wagering equipment or services license, facility owner license or facility manager license, or any business which sells goods or services to an organization licensee;
(2) participate directly or indirectly as an owner, owner-trainer or trainer of a horse or greyhound, or as a jockey of a horse, entered in a race meeting conducted in this state;
(3) place a wager on an entry in a horse or greyhound race conducted by an organization licensee; or
(4) accept any compensation, gift, loan, entertainment, favor or service from any licensee, except such suitable facilities and services within a racetrack facility operated by an organization licensee as may be required to facilitate the performance of the member's, employee's or appointee's official duties.
(d) (1) Except as provided in paragraph (2), it is a class A nonperson misdemeanor for any member, employee or appointee of the commission, or any spouse, parent, grandparent, brother, sister, child, son-in-law, daughter-in-law, grandchild, uncle, aunt, parent-in-law, brother-in-law or sister-in-law thereof, to:
(A) Hold any license issued by the commission, except that a steward or racing judge shall hold an occupation license to be such a steward or judge; or
(B) enter into any business dealing, venture or contract with an owner or lessee of a racetrack facility in Kansas.
(2) This subsection shall not apply to any racing judge holding an occupation license, if such racing judge is employed at a racetrack facility and such racing judge's relative, as listed above, is a licensed owner, owner-trainer or trainer of a greyhound that races at a different racetrack facility.
(e) It is a class A nonperson misdemeanor for any officer, director or member of an organization licensee, other than a fair association or horsemen's nonprofit organization, to:
(1) Receive, for duties performed as an officer or director of such licensee, any compensation or reimbursement or payment of expenses in excess of the amounts provided by K.S.A. 75-3223, and amendments thereto, for board members' compensation, mileage and expenses; or
(2) enter into any business dealing, venture or contract with the organization licensee or, other than in the capacity of an officer or director of the organization licensee, with a facility owner licensee, facility manager licensee, racing or wagering equipment or services license or concessionaire licensee, or with any host facility for a simulcast race displayed in this state.
(f) It is a class A nonperson misdemeanor for any facility owner licensee or facility manager licensee, other than a horsemen's association, or any officer, director, employee, stockholder or shareholder thereof or any person having an ownership interest therein, to participate directly or indirectly as an owner, owner-trainer or trainer of a horse or greyhound, or as a jockey of a horse, entered in a live race conducted in this state.
(g) It is a class A nonperson misdemeanor for any licensee of the commission, or any person who is an officer, director, member or employee of a licensee, to place a wager at a racetrack facility located in Kansas on an entry in a horse or greyhound race if:
(1) The commission has by rules and regulations designated such person's position as a position which could influence the outcome of such race or the parimutuel wagering thereon; and
(2) such race is conducted at or simulcast to the racetrack facility where the licensee is authorized to engage in licensed activities.
(h) It is a class B nonperson misdemeanor for any person to use any animal or fowl in the training or racing of racing greyhounds.
(i) It is a class A nonperson misdemeanor for any person to:
(1) Sell a parimutuel ticket or an interest in such a ticket to a person knowing such person to be under 21 years of age, upon conviction of the first offense;
(2) accept, transmit or deliver, from a person outside a racetrack facility, anything of value to be wagered in any parimutuel system of wagering within a racetrack facility, upon conviction of the first offense;
(3) administer or conspire to administer any drug or medication to a horse or greyhound within the confines of a racetrack facility in violation of rules and regulations of the commission, upon conviction of the first offense;
(4) possess or conspire to possess, within the confines of a racetrack facility, any drug or medication for administration to a horse or greyhound in violation of rules and regulations of the commission, upon conviction of the first offense;
(5) possess or conspire to possess, within the confines of a racetrack facility, equipment for administering drugs or medications to horses or greyhounds in violation of rules and regulations of the commission, upon conviction of the first offense;
(6) enter any horse or greyhound in any race knowing such horse or greyhound to be ineligible to compete in such race pursuant to K.S.A. 74-8812, and amendments thereto; or
(7) prepare or cause to be prepared an application for registration of a horse pursuant to K.S.A. 74-8830, and amendments thereto, knowing that such application contains false information.
(j) It is a severity level 8, nonperson felony for any person to:
(1) Sell a parimutuel ticket or an interest in such a ticket to a person knowing such person to be under 21 years of age, upon conviction of the second or a subsequent offense;
(2) accept, transmit or deliver, from any person outside a racetrack facility, anything of value to be wagered in any parimutuel system of wagering within a racetrack facility, upon the second or a subsequent conviction;
(3) conduct or assist in the conduct of a horse or greyhound race, or the display of a simulcast race, where the parimutuel system of wagering is used or is intended to be used and where no license has been issued to an organization to conduct or simulcast such race;
(4) enter any horse or greyhound in any race conducted by an organization licensee knowing that the class or grade in which such horse or greyhound is entered is not the true class or grade or knowing that the name under which such horse or greyhound is entered is not the name under which such horse or greyhound has been registered and has publicly performed;
(5) use or conspire to use any device, other than an ordinary whip for horses or a mechanical lure for greyhounds, for the purpose of affecting the speed of any horse or greyhound at any time during a race conducted by an organization licensee;
(6) possess or conspire to possess, within the confines of a racetrack facility, any device, other than an ordinary whip for horses or a mechanical lure for greyhounds, designed or intended to affect the speed of a horse or greyhound;
(7) administer or conspire to administer any drug or medication to a horse or greyhound within the confines of a racetrack facility in violation of rules and regulations of the commission, upon conviction of the second or a subsequent offense;
(8) possess or conspire to possess, within the confines of a racetrack facility, any drug or medication for administration to a horse or greyhound in violation of rules and regulations of the commission, upon conviction of the second or a subsequent offense;
(9) possess or conspire to possess, within the confines of a racetrack facility, equipment for administering drugs or medications to horses or greyhounds in violation of rules and regulations of the commission, upon conviction of the second or a subsequent offense;
(10) sponge the nostrils or windpipe of a horse for the purpose of stimulating or depressing such horse or affecting its speed at any time during a race meeting conducted by an organization licensee;
(11) alter or attempt to alter the natural outcome of any race conducted by, or any simulcast race displayed by, an organization licensee or transmit or receive an altered race or delayed broadcast race if parimutuel wagering is conducted or solicited after off time of the race;
(12) influence or attempt to influence, by the payment or promise of payment of money or other valuable consideration, any person to alter the natural outcome of any race conducted by, or any simulcast race displayed by, an organization licensee;
(13) influence or attempt to influence any member, employee or appointee of the commission, by the payment or promise of payment of money or other valuable consideration, in the performance of any official duty of that member, employee or appointee;
(14) fail to report to the commission or to one of its employees or appointees knowledge of any violation of this act by another person for the purpose of stimulating or depressing any horse or greyhound, or affecting its speed, at any time during any race conducted by an organization licensee;
(15) commit any of the following acts with respect to the prior racing record, pedigree, identity or ownership of a registered horse or greyhound in any matter related to the breeding, buying, selling or racing of the animal: (A) Falsify, conceal or cover up, by any trick, scheme or device, a material fact; (B) make any false, fictitious or fraudulent statement or representation; or (C) make or use any false writing or document knowing that it contains any false, fictitious or fraudulent statement or entry; or
(16) pass or attempt to pass, cash or attempt to cash any altered or forged parimutuel ticket knowing it to have been altered or forged.
(k) (1) No person less than 21 years of age shall purchase a parimutuel ticket or an interest in such a ticket.
(2) Any person less than 18 years of age who violates this subsection shall be subject to adjudication as a juvenile offender pursuant to the revised Kansas juvenile justice code.
(3) Violation of this subsection by a person 18 or more years of age is a class A misdemeanor upon conviction of the first offense and a severity level 8, nonperson felony upon conviction of the second or a subsequent offense.
History: L. 1987, ch. 112, § 10; L. 1990, ch. 146, § 1; L. 1991, ch. 247, § 1; L. 1992, ch. 27, § 4; L. 1992, ch. 286, § 3; L. 1993, ch. 291, § 245; L. 1994, ch. 82, § 1; L. 1994, ch. 332, § 2; L. 1996, ch. 262, § 3; L. 1997, ch. 156, § 86; L. 1998, ch. 178, § 3; L. 2006, ch. 169, § 122; L. 2007, ch. 110, § 48; April 19.
The commission shall adopt rules and regulations establishing those drugs and medications, and the levels thereof, which are allowable in the blood or urine of any horse or greyhound when tested either just prior to or immediately following participation in any race conducted by an organization licensee. Animals in violation of such rules and regulations may be disqualified from the race in which the animal is entered or has participated on the day that such test was conducted.
History: L. 1987, ch. 112, § 11; L. 1998, ch. 178, § 4; May 21.
(a) Horses shall not compete in any race meeting before reaching the age of two years. A horse's age shall be determined beginning on the first day of January in the year in which the horse is foaled.
(b) Greyhounds shall not compete in any race meeting before reaching the age of 15 months.
(c) No horse shall compete in any race limited to Kansas-bred horses unless such horse is registered pursuant to K.S.A. 74-8830. The commission may prescribe such forms as necessary to determine the eligibility of horses entered in such a race.
(d) No horse or greyhound owned by a stable, kennel or other entity shall compete in any race meeting unless the name of the stable, kennel or entity is registered upon forms prescribed and furnished by the commission and the appropriate registration fee paid. The commission shall establish the amount of such registration fees, but no such fee shall exceed $200 a year.
History: L. 1987, ch. 112, § 12; L. 1992, ch. 286, § 4; July 1.
(a) A nonprofit organization may apply to the commission for an organization license to conduct horse races or an organization license to conduct greyhound races, or both such licenses. In addition, an organization license may authorize the licensee to construct or own a racetrack facility if so provided by the commission. The application for an organization license shall be filed with the commission at a time and place prescribed by rules and regulations of the commission. The application shall specify the days when and the exact location where it proposes to conduct such races and shall be in a form and include such information as the commission prescribes. A nonrefundable application fee in the form of a certified check or bank draft shall accompany the application. Except as provided pursuant to K.S.A. 74-8814, and amendments thereto, such fee shall be $5,000 for each application. If the application fee is insufficient to pay the reasonable expenses of processing the application and investigating the applicant's qualifications for licensure, the commission shall require the applicant to pay to the commission, at such times and in such form as required by the commission, any additional amounts necessary to pay such expenses. No license shall be issued to an applicant until the applicant has paid such additional amounts in full, and such amounts shall not be refundable except to the extent that they exceed the actual expenses of processing the application and investigating the applicant's qualifications for licensure.
(b) If an applicant for an organization license is proposing to construct a racetrack facility, such applicant, at the time of submitting the application, shall deposit with the commission, in such form as prescribed by rules and regulations of the commission, the sum of: (1) $500,000, if the number of racing days applied for in a racing season is 150 days or more; (2) $250,000, if the number of racing days applied for is less than 150 days; or (3) a lesser sum established by the commission, if the applicant meets the qualifications set forth in subsection (a)(1) or (a)(2) of K.S.A. 74-8814, and amendments thereto, or if the applicant will be conducting races only on the state fairgrounds. Only one such deposit shall be required for a dual racetrack facility. The executive director shall remit any deposit received pursuant to this subsection to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the racing applicant deposit fund created by K.S.A. 74-8828, and amendments thereto. If the application is denied by the commission, the deposit, and any interest accrued thereon, shall be refunded to the applicant. If the license is granted by the commission in accordance with the terms of the application or other terms satisfactory to the applicant, the deposit, and any interest accrued thereon, shall be refunded to the licensee upon completion of the racetrack facility in accordance with the terms of the license. If the licensee fails to complete the racetrack facility in accordance with the terms of the license, the deposit, and any interest accrued thereon, shall be forfeited by the applicant.
(c) To qualify for an organization license to conduct horse or greyhound races:
(1) The applicant shall be a bona fide, nonprofit organization which, if applicable, meets the requirements of subsection (d);
(2) the applicant shall have, either by itself or through contractual relationships with other persons or businesses approved by the commission, the financial capability, manpower and technical expertise, as determined by the commission, to properly conduct horse races or greyhound races, or both, and, if applicable, to operate a parimutuel wagering system;
(3) if the applicant is proposing to construct a racetrack facility, the applicant shall submit detailed plans for the construction of such facility, including the means and source of financing such construction and operation, sufficient to convince the commission that such plans are feasible;
(4) submit for commission approval a written copy of each contract and agreement which the applicant proposes to enter into, including all those listed in subsection (n), which contracts and agreements shall conform to the restrictions placed thereon by subsections (n), (o) and (p);
(5) the applicant shall propose to conduct races within only one county, and in such county the majority of the qualified electors have approved either: (A) The constitutional amendment permitting the conduct of horse and dog races and parimutuel wagering thereon; or (B) a proposition permitting horse and dog races and parimutuel wagering thereon within the boundaries of such county;
(6) no director, officer, employee or agent of the applicant shall have been convicted of any of the following in any court of any state or of the United States or shall have been adjudicated in the last five years in any such court of committing as a juvenile an act which, if committed by an adult, would constitute any of the following: (A) Fixing of horse or greyhound races; (B) illegal gambling activity; (C) illegal sale or possession of any controlled substance; (D) operation of any illegal business; (E) repeated acts of violence; or (F) any felony;
(7) no director or officer of the applicant shall be addicted to, and a user of, alcohol or a controlled substance; and
(8) no director or officer of the applicant shall have failed to meet any monetary or tax obligation to the federal government or to any state or local government, whether or not relating to the conduct or operation of a race meet held in this state or any other jurisdiction.
(d) To qualify for an organization license to conduct horse or greyhound races, a nonprofit organization, other than a fair association, a horsemen's nonprofit organization or a nonprofit organization conducting races only on the state fair grounds, shall:
(1) Distribute all of its net earnings from the conduct of horse and greyhound races, other than that portion of the net earnings which is necessary to satisfy the debt service obligations, not otherwise deducted from net earnings, of an organization licensee owning the racetrack facility or that portion of the net earnings which is set aside as reasonable reserves for future improvement, maintenance and repair of the racetrack facility owned by the organization licensee, only to organizations, other than itself, which: (A) Have been exempted from the payment of federal income taxes pursuant to section 501(c)(3) of the federal internal revenue code of 1986, as in effect July 1, 1987, (B) are domiciled in this state and (C) expend the moneys so distributed only within this state;
(2) distribute not more than 25% of such net earnings to any one such organization in any calendar year;
(3) not engage in, and have no officer, director or member who engages in, any prohibited transaction, as defined by section 503(b) of the federal internal revenue code of 1986, as in effect July 1, 1987; and
(4) have no officer, director or member who is not a bona fide resident of this state.
(e) Within 30 days after the date specified for filing, the commission shall examine each application for an organization license for compliance with the provisions of this act and rules and regulations of the commission. If any application does not comply with the provisions of this act or rules and regulations of the commission, the application may be rejected or the commission may direct the applicant to comply with the provisions of this act or rules and regulations of the commission within a reasonable time, as determined by the commission. Upon proof by the applicant of compliance, the commission may reconsider the application. If an application is found to be in compliance and the commission finds that the issuance of the license would be within the best interests of horse and greyhound racing within this state from the standpoint of both the public interest and the horse or greyhound industry, as determined solely within the discretion of the commission, the commission may issue an organization license to the applicant. The commission shall approve the issuance of organization licenses for a period established by the commission but not to exceed 25 years. Such license may provide that during its term it constitutes an exclusive license within a radius of the location specified in the license, as determined by the commission. No racing of any kind regulated by this act shall be conducted by any other person within the territory covered by such exclusive license without the written consent of the licensee. For each license issued, the commission shall specify the location, type, time and date of all races and race meetings which the commission has approved for the licensee to conduct. The license shall be issued upon receipt of the license fee and the furnishing of a surety bond or other financial security approved by the commission, conditioned on, and in an amount determined by the commission as sufficient to pay, the licensee's potential financial liability for unpaid taxes, purses and distribution of parimutuel winnings and breakage. No organization license shall be transferred to any other organization or entity.
(f) When considering the granting of organization licenses or racing days between two or more competing applicants, the commission shall give consideration to the following factors:
(1) The character, reputation, experience and financial stability of those persons within the applicant organizations who will be supervising the conduct of the races and parimutuel wagering for the organization;
(2) the quality of the racing facilities and adjoining accommodations;
(3) the amount of revenue that can reasonably be expected to be generated from state and local taxes, the economic impact for the respective horse or greyhound breeding industries in Kansas and the indirect economic benefit to the surrounding area, in the determination of which economic benefit the commission shall solicit written recommendations from all interested parties in the surrounding area;
(4) the location of the race meetings in relation to the principal centers of population and the effect of such centers on the ability of the organizations to sustain a financially sound racing operation; and
(5) testimony from interested parties at public hearings to be conducted in the geographic areas where the applicants would be conducting their race meetings.
(g) Except as otherwise provided pursuant to K.S.A. 74-8814, and amendments thereto, each organization licensee shall pay a license fee in the amount of $200 for each day of racing approved by the commission. Such fees shall be paid at such times and by such means as prescribed by rules and regulations of the commission. The commission may authorize the state treasurer to refund from the state racing fund a fee paid for any racing day which was canceled with advance notice to and with the approval of the commission.
(h) Organization licensees may apply to the commission for changes in approved race meetings or dates or for additional race meetings or dates as needed throughout the terms of their licenses. Application shall be made upon forms furnished by the commission and shall contain or be accompanied by such information as the commission prescribes. Upon approval by the commission, the organization licensee shall pay an additional license fee for any race days in excess of the number originally approved and included in the calculation of the initial license fee.
(i) All organization licenses shall be reviewed annually by the commission to determine if the licensee is complying with the provisions of this act and rules and regulations of the commission and following such proposed plans and operating procedures as were approved by the commission. The commission may review an organization license more often than annually upon its own initiative or upon the request of any interested party. The commission shall require each organization licensee, other than a fair association, or horsemen's nonprofit organization, to file annually with the commission a certified financial audit of the licensee by an independent certified public accountant, which audit shall be open to inspection by the public, and may require an organization licensee to provide any other information necessary for the commission to conduct the annual or periodic review.
(j) Subject to the provisions of subsection (k), the commission, in accordance with the Kansas administrative procedure act, may suspend or revoke an organization license or may impose a civil fine not exceeding $5,000, or may both suspend such license and impose such fine, for each of the following violations by a licensee:
(1) One or more violations, or a pattern of repeated violations, of the provisions of this act or rules and regulations of the commission;
(2) failure to follow one or more provisions of the licensee's plans for the financing, construction or operation of a racetrack facility as submitted to and approved by the commission;
(3) failure to maintain compliance with the requirements of subsection (c) or (d), if applicable, for the initial issuance of an organization license;
(4) failure to properly maintain or to make available to the commission such financial and other records sufficient to permit the commission to verify the licensee's nonprofit status and compliance with the provisions of this act or rules and regulations of the commission;
(5) providing to the commission any information material to the issuance, maintenance or renewal of the licensee's license knowing such information to be false or misleading;
(6) failure to meet the licensee's financial obligations incurred in connection with the conduct of a race meeting; or
(7) a violation of K.S.A. 74-8833, and amendments thereto, or any rules and regulations adopted pursuant to that section.
(k) Prior to suspension or revocation of a license pursuant to subsection (j), the commission shall give written notice of the reason therefor in detail to the organization licensee and to all facility owner and facility manager licensees with whom the organization licensee is doing business. Upon receipt of such notice by all of such licensees, the organization licensee shall have 30 days in which to cure the alleged violation, if it can be cured. If the commission finds that the violation has not been cured upon expiration of the 30 days, or upon a later deadline granted by the commission, or if the commission finds that the alleged violation is of such a nature that it cannot be cured, the commission shall proceed to suspend or revoke the license pursuant to subsection (j). Nothing in this subsection shall be construed to preclude the commission from imposing a fine pursuant to subsection (j) even if the violation is cured within 30 days or such other period as provided by the commission.
(l) Prior to the expiration of an organization license, the organization may apply to the commission for renewal of such license. The renewal application shall be in a form and include such information as the commission prescribes. The commission shall grant such renewal if the organization meets all of the qualifications required for an initial license. The commission may charge a fee for the processing of the renewal application not to exceed the application fee authorized for an initial license.
(m) Once an organization license has been issued, no person thereafter and during the term of such license shall in any manner become the owner or holder, directly or indirectly, of any shares of stock or certificates or other evidence of ownership or become a director or officer of such organization licensee without first having obtained the written approval of the commission.
(n) An organization licensee shall submit to the commission for approval a copy of each contract and agreement which the organization licensee proposes to enter into and any proposed modification of any such contract or agreement, including but not limited to those involving:
(1) Any person to be employed by the organization licensee;
(2) any person supplying goods and services to the organization licensee, including management, consulting or other professional services;
(3) any lease of facilities, including real estate or equipment or other personal property; or
(4) the operation of any concession within or adjacent to the racetrack facility.
The commission shall reject any such contract or agreement which violates any provision of this act or rules and regulations of the commission, which provides for payment of money or other valuable consideration which is clearly in excess of the fair market value of the goods, services or facilities being purchased or leased or which, in the case of a contract or agreement with a facility owner licensee or a facility manager licensee, would not protect the organization licensee from incurring losses due to contractual liability.
(o) Organization licensees shall not by lease, contract, agreement, understanding or arrangement of any kind grant, assign or turn over to any person the parimutuel system of wagering described in K.S.A. 74-8819, and amendments thereto, or the operation and conduct of any horse or greyhound race to which such wagering applies, but this subsection shall not prohibit the organization licensee from contracting with and compensating others for providing services in connection with the financing, acquisition, construction, equipping, maintenance and management of the racetrack facility; the hiring and training of personnel; the promotion of the facility; operation and conduct of a simulcast race displayed by a simulcasting licensee; parimutuel wagering at racetrack facilities; and parimutuel wagering at off-track wagering and intertrack wagering facilities in other jurisdictions to which live races conducted by the organization licensee are simulcast.
(p) An organization licensee shall not in any manner permit a person other than such licensee to have a share, percentage or proportion of money received from parimutuel wagering at the racetrack facility except as specifically set forth in this act, except that:
(1) A facility owner licensee may receive gross percentage rental fees under a lease if all terms of the lease are disclosed to the commission and such lease is approved by the commission;
(2) a person who has contracted with an organization licensee to provide one or more of the services permitted by subsection (o) may receive compensation in the form of a percentage of the money received from parimutuel wagering if such contract is approved by the commission and such person is licensed as a facility manager; and
(3) a person who has contracted with a simulcasting licensee to allow such licensee to display a simulcast race conducted by such person may receive compensation in the form of a percentage of or a fee deducted from the money received by the licensee from parimutuel wagers placed on such race if such contract is filed with the commission.
(q) Directors or officers of an organization licensee are not liable in a civil action for damages arising from their acts or omissions when acting as individual directors or officers, or as a board as a whole, of a nonprofit organization conducting races pursuant to this act, unless such conduct constitutes willful or wanton misconduct or intentionally tortious conduct, but only to the extent the directors and officers are not required to be insured by law or are not otherwise insured against such acts or omissions. Nothing in this section shall be construed to affect the liability of an organization licensee for damages in a civil action caused by the negligent or wrongful acts or omissions of its directors or officers, and a director's or officer's negligence or wrongful act or omission, while acting as a director or officer, shall be imputed to the organization licensee for the purpose of apportioning liability for damages to a third party pursuant to K.S.A. 60-258a, and amendments thereto.
(r) If an applicant for an organization license proposes to construct a racetrack facility and the commission determines that such license should be issued to the applicant, the commission shall issue to the applicant an organization license conditioned on the submission by the licensee to the commission, within a period of time prescribed by the commission, of a commitment for financing the construction of the racetrack facility by a financial institution or other source, subject to approval by the commission. If such commitment is not submitted within the period of time originally prescribed by the commission or such additional time as authorized by the commission, the license shall expire at the end of such period.
(s) If an organization licensee's license authorizes the construction of a dual racetrack facility, such license shall be conditioned on the completion of such facility within a time specified by the commission. If, within the time specified by the commission, the licensee has not constructed a dual racetrack facility in accordance with the plans submitted to the commission pursuant to subsection (c)(3), the commission, in accordance with the Kansas administrative procedure act, shall:
(1) Impose upon the licensee a civil fine equal to 5% of the total parimutuel pools for all races held at the licensee's facility on and after the date that racing with parimutuel wagering is first conducted at such facility and until the date that construction of the dual racetrack facility is completed and horse racing has begun; and
(2) revoke the licensee's license unless the licensee demonstrates reasonable cause for the failure to complete the facility.
(t) Any license granted an organization licensee to conduct races at a dual racetrack facility shall be conditioned on the organization licensee's conducting live horse races on not less than 20% of the annual racing days granted the licensee by the commission. If an organization licensee fails to comply with such condition, the commission may revoke the organization licensee's license unless the licensee demonstrates reasonable justification for the failure.
(u) The refusal to renew an organization license shall be in accordance with the Kansas administrative procedure act and shall be subject to review under the Kansas judicial review act.
(v) The grant or denial of an original organization license shall not be subject to the Kansas administrative procedure act. Such grant or denial shall be a matter to be determined in the sole discretion of the commission, whose decision shall be final upon the grant of a license to one of two or more competing applicants without the necessity of a hearing on the denial of a license to each other competing applicant. Any action for judicial review of such decision shall be by appeal to the supreme court in accordance with the Kansas judicial review act, except that the scope of review shall be limited to whether the action of the commission was arbitrary or capricious or constituted an abuse of discretion. All competing applicants for the organization license shall be parties to such appeal. Any such appeal shall have priority over other cases except those having statutory priority.
(w) The commission may adopt rules and regulations regulating crossover employment between organization licensees and facility manager licensees and facility owner licensees.
History: L. 1987, ch. 112, § 13; L. 1988, ch. 316, § 2; L. 1988, ch. 317, § 1; L. 1988, ch. 318, § 1; L. 1988, ch. 319, § 1; L. 1992, ch. 27, § 5; L. 1992, ch. 286, § 5; L. 1994, ch. 146, § 5; L. 1996, ch. 262, § 4; L. 2001, ch. 5, § 342; L. 2010, ch. 17, § 191; July 1.
History: L. 1987, ch. 112, § 13; L. 1988, ch. 316, § 2; L. 1988, ch. 317, § 1; L. 1988, ch. 318, § 1; L. 1988, ch. 319, § 1; L. 1992, ch. 27, § 5; L. 1992, ch. 286, § 5; L. 1994, ch. 146, § 5; L. 1996, ch. 145, § 3; Repealed, L. 1998, ch. 152, § 2; Repealed, L. 1998, ch. 178, § 10; May 21.
(a) (1) Subject to the provisions of subsection (b), the commission shall establish by rules and regulations an application fee not exceeding $50 for an organization license and a license fee of $25 for each day of racing approved by the commission for any organization granted an organization license.
(2) Subject to paragraphs (3) and (4), any fair association, horsemen's nonprofit organization or the national greyhound association of Abilene, Kansas, may apply for an organization license if:
(A) Such organization conducts not more than two race meetings each year; and
(B) such race meetings are held for a total of not more than 40 days per year.
(3) If the applicant is a fair association intending to conduct live horse racing, then, along with an application for an organization license, such applicant shall submit documentation demonstrating such applicant is approved for such license by:
(A) The Kansas quarter horse racing association and the Kansas thoroughbred association; or
(B) a horsemen's nonprofit organization.
(4) If the applicant is a horsemen's nonprofit organization and:
(A) Intending to conduct live horse racing, such applicant shall not conduct live horse racing prior to March 1, 2028, unless such licensee intends to conduct such races at Eureka downs; and
(B) such applicant shall not operate historical horse race machines.
(b) The commission shall adopt rules and regulations providing for simplified and less costly procedures and requirements for fair associations and horsemen's nonprofit organizations applying for or holding a license to conduct race meetings.
(c) The Kansas racing and gaming commission shall investigate:
(1) The president, vice president, secretary and treasurer of a fair association, and such other members as the commission considers necessary, to determine eligibility for an organization license;
(2) each officer and each director of a horsemen's nonprofit organization, and such other members or shareholders as the commission considers necessary to determine eligibility for an organization license.
(d) Except as otherwise provided by this section, all applicants for organization licenses for the conduct of race meetings pursuant to the provisions of this section shall be required to comply with all the provisions of K.S.A. 74-8813, and amendments thereto.
History: L. 1987, ch. 112, § 14; L. 1989, ch. 246, § 2; L. 1990, ch. 293, § 1; L. 1992, ch. 286, § 6; L. 1994, ch. 146, § 6; L. 2007, ch. 110, § 49; L. 2022, ch. 91, § 39; L. 2025, ch. 92, § 2; July 1.
(a) Any person, partnership, corporation or association, or the state of Kansas or any political subdivision thereof, may apply to the commission for a facility owner license to construct or own, or both, a racetrack facility that includes a racetrack and other areas designed for horse racing or greyhound racing, or both.
(b) Any person, partnership, corporation or association may apply to the commission for a facility manager license to manage a racetrack facility.
(c) A facility owner license or a facility manager license shall be issued for a period established by the commission but not to exceed 25 years. The application for a facility owner license shall be accompanied by a nonrefundable fee of $5,000. An application for a facility manager license shall be accompanied by a nonrefundable fee of $5,000. If the application fee is insufficient to pay the reasonable expenses of processing the application and investigating the applicant's qualifications for licensure, the commission shall require the applicant to pay to the commission, at such times and in such form as required by the commission, any additional amounts necessary to pay such expenses. No license shall be issued to an applicant until the applicant has paid such additional amounts in full, and such amounts shall not be refundable except to the extent that they exceed the actual expenses of processing the application and investigating the applicant's qualifications for licensure.
(d) If an applicant for a facility owner license is proposing to construct a racetrack facility, such applicant, at the time of submitting the application, shall deposit with the commission, in such form as prescribed by rules and regulations of the commission, the sum of: (1) $500,000, if the number of racing days applied for by organization licensee applicants proposing to race at the facility is 150 days or more in a racing season; (2) $250,000, if such number of racing days applied for is less than 150 days; or (3) a lesser sum established by the commission, if the applicant is the state or a political subdivision of the state. Only one such deposit shall be required for a dual racetrack facility. The executive director shall remit any deposit received pursuant to this subsection to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the racing applicant deposit fund created by K.S.A. 74-8828, and amendments thereto. If the application is denied by the commission, the deposit, and any interest accrued thereon, shall be refunded to the applicant. If the license is granted by the commission in accordance with the terms of the application or other terms satisfactory to the applicant, the deposit, and any interest accrued thereon, shall be refunded to the licensee upon completion of the racetrack facility in accordance with the terms of the license. If the licensee fails to complete the racetrack facility in accordance with the terms of the license, the deposit, and any interest accrued thereon, shall be forfeited by the applicant.
(e) A facility owner license shall be granted only to an applicant that already owns an existing racetrack facility or has submitted with its application detailed plans for the construction of such facility, including the means and source of financing such construction and operation sufficient to convince the commission that such plans are feasible. A facility manager license shall be granted only to an applicant that has a facility management contract with an organization licensed pursuant to K.S.A. 74-8813, and amendments thereto.
(f) An applicant for a facility owner license or facility manager license, or both, shall not be granted a license if there is substantial evidence that the applicant for the license, or any officer or director, stockholder, member or owner of or other person having a financial interest in the applicant:
(1) Has been suspended or ordered to cease operation of a parimutuel racing facility in another jurisdiction by the appropriate authorities in that jurisdiction, has been ordered to cease association or affiliation with such a racing facility or has been banned from such a racing facility;
(2) has been convicted by a court of any state or of the United States of any criminal act involving fixing or manipulation of parimutuel races, violation of any law involving gambling or controlled substances or drug violations involving horses or greyhounds, or has been adjudicated in the last five years in any such court of committing as a juvenile an act which, if committed by an adult, would constitute such a criminal act, or if any employee or agent assisting the applicant in activities relating to ownership or management of a racetrack facility or to the conduct of races has been so convicted or adjudicated;
(3) has been convicted by a court of any state or of the United States of any felony involving dishonesty, fraud, theft, counterfeiting, alcohol violations or embezzlement, or has been adjudicated in the last five years in any such court of committing as a juvenile an act which, if committed by an adult, would constitute such a felony, or if any employee or agent assisting the applicant in activities relating to ownership or management of a racetrack facility or to the conduct of races has been so convicted or adjudicated;
(4) has not demonstrated financial responsibility sufficient to meet the obligations being undertaken pursuant to its contract with the organization licensee;
(5) is not in fact the person or entity authorized to or engaged in the licensed activity;
(6) is or becomes subject to a contract or option to purchase under which 10% or more of the ownership or other financial interest or membership interest are subject to purchase or transfer, unless the contract or option has been disclosed to the commission and the commission has approved the sale or transfer during the license period;
(7) has made a statement of a material fact in the application or otherwise in response to official inquiry by the commission knowing such statement to be false; or
(8) has failed to meet any monetary or tax obligation to the federal government or to any state or local government, whether or not relating to the conduct or operation of a race meet held in this state or any other jurisdiction.
(g) No person or entity shall be qualified to hold a facility manager license if such person or entity, or any director, officer, employee or agent thereof, is addicted to, and a user of, alcohol or a controlled substance.
(h) If the applicant for a facility owner license or facility manager license is a horsemen's association, such applicant shall not operate historical horse race machines at such racetrack facility.
(i) All facility owner licenses and facility manager licenses shall be reviewed annually by the commission to determine if the licensee is complying with the provisions of this act and rules and regulations of the commission and following such proposed plans and operating procedures as were approved by the commission. The commission may review a facility owner license or facility manager license more often than annually upon its own initiative or upon the request of any interested party. The commission shall require each facility owner licensee and each facility manager licensee to file annually with the commission a certified financial audit of the licensee by an independent certified public accountant, which audit shall be open to inspection by the public, and may require any such licensee to provide any other information necessary for the commission to conduct the annual or periodic review.
(j) Subject to the provisions of subsection (k), the commission, in accordance with the Kansas administrative procedure act, may suspend or revoke a facility owner or facility manager license or may impose a civil fine not exceeding $10,000 per failure or violation, or may both suspend such license and impose such fine, if the commission finds probable cause to believe that:
(1) In the case of a facility owner licensee, the licensee has failed to follow one or more provisions of the licensee's plans for the financing, construction or operation of a racetrack facility as submitted to and approved by the commission; or
(2) in the case of either a facility owner licensee or facility manager licensee, the licensee has violated any of the terms and conditions of licensure provided by this section or any other provision of this act or any rule and regulation of the commission.
(k) Prior to suspension or revocation of a license pursuant to subsection (j), the commission shall give written notice of the reason therefor to the licensee and all other interested parties. The licensee shall have 30 days from receipt of the notice to cure the alleged failure or violation, if it can be cured. If the commission finds that the failure or violation has not been cured upon expiration of the 30 days or upon a later deadline granted by the commission, or if the alleged violation is of such a nature that it cannot be cured, the commission may proceed to suspend or revoke the licensee's license pursuant to subsection (j). Nothing in this subsection shall be construed to preclude the commission from imposing a fine pursuant to subsection (j) even if the violation is cured within 30 days or such other period as provided by the commission.
(l) If an applicant for a facility owner license proposes to construct a racetrack facility and the commission determines that such license should be issued to the applicant, the commission shall issue to the applicant a facility owner license conditioned on the submission by the licensee to the commission, within a period of time prescribed by the commission, of a commitment for financing the construction of the racetrack facility by a financial institution or other source, subject to approval by the commission. If such commitment is not submitted within the period of time originally prescribed by the commission or such additional time as authorized by the commission, the license shall expire at the end of such period.
(m) If a facility owner licensee's license authorizes the construction of a dual racetrack facility, such license shall be conditioned on the completion of such facility within a time specified by the commission. If, within the time specified by the commission, the licensee has not constructed a dual racetrack facility in accordance with the plans submitted to the commission pursuant to subsection (e), the commission, in accordance with the Kansas administrative procedure act, shall:
(1) Impose upon the licensee a civil fine equal to 5% of the total parimutuel pools for all races held at the licensee's facility on and after the date that racing with parimutuel wagering is first conducted at such facility and until the date that construction of the dual racetrack facility is completed and horse racing has begun; and
(2) revoke the licensee's license unless the licensee demonstrates reasonable cause for the failure to complete the facility.
(n) The refusal to renew a facility owner license or a facility manager license shall be in accordance with the Kansas administrative procedure act and shall be subject to review under the Kansas judicial review act.
(o) The grant or denial of an original facility owner license or facility manager license shall not be subject to the Kansas administrative procedure act. Such grant or denial shall be a matter to be determined in the sole discretion of the commission, whose decision shall be final upon the grant of a license to one of two or more competing applicants without the necessity of a hearing on the denial of a license to each other competing applicant. Any action for judicial review of such decision shall be by appeal to the supreme court in accordance with the Kansas judicial review act, except that the scope of review shall be limited to whether the action of the commission was arbitrary or capricious or constituted an abuse of discretion. All competing applicants for the facility owner license or facility manager license shall be parties to such appeal. Any such appeal shall have priority over other cases except those having statutory priority.
(p) The commission may adopt rules and regulations regulating crossover employment between facility manager licensees and facility owner licensees and organization licensees.
History: L. 1987, ch. 112, § 15; L. 1988, ch. 316, § 3; L. 1988, ch. 317, § 2; L. 1988, ch. 318, § 2; L. 1988, ch. 319, § 2; L. 1991, ch. 247, § 2; L. 1992, ch. 286, § 7; L. 1996, ch. 262, § 5; L. 2001, ch. 5, § 343; L. 2010, ch. 17, § 192; L. 2025, ch. 92, § 3; July 1.
(a) The commission shall require occupation licenses for:
(1) Any owner of a horse or greyhound participating in a race conducted by an organization licensee;
(2) any person whose work, in whole or in part, is conducted within a racetrack facility owned or leased by an organization licensee, including trainers, jockeys, agents, apprentices, grooms, exercise persons, veterinarians, valets, blacksmiths, stewards, racing judges, starters, timers, supervisors of mutuels, parimutuel tellers and clerks, guards and such other personnel designated by the commission.
(b) An occupation license shall be obtained from the commission prior to the time a person engages in activities for which such license is required, regardless of whether a race meeting is being conducted.
(c) A person required to be licensed pursuant to subsection (a) shall apply for such license in a manner and upon forms prescribed and furnished by the commission. The commission may require the applicant to submit to fingerprinting. Occupation licenses shall be issued for a period established by the commission but not less than one year or more than three years. The commission shall establish the amount of application fees and license fees for different types of occupation licenses, but no such fee shall exceed $200 a year. The application fee shall not be refundable if the applicant fails to qualify for a license and shall include the cost of processing fingerprints if they are required by the commission.
(d) The commission may require an applicant for an occupation license as a condition of licensure to consent to allow agents of the Kansas bureau of investigation or security personnel of the commission to search without warrant the licensee's person, personal property and work premises while within the racetrack facility or adjacent facilities under the control of the organization licensee for the purpose of investigating possible criminal violations of this act or violations of rules and regulations of the commission.
(e) Denial of an occupation license by the commission shall be in accordance with the Kansas administrative procedure act. The commission may refuse to issue an occupation license to any person who:
(1) Has been convicted of a felony by a court of any state or of the United States or has been adjudicated in the last five years in any such court of committing as a juvenile an act which, if committed by an adult, would constitute a felony;
(2) has been convicted of a violation of any law of any state or of the United States involving gambling or controlled substances or has been adjudicated in the last five years in any such court of committing as a juvenile an act which, if committed by an adult, would constitute such a violation;
(3) is not qualified to perform the duties associated with the license being applied for;
(4) fails to disclose any material fact or provides information, knowing such information to be false, when applying for the license;
(5) has been found by the commission to have violated any provision of this act or any rule and regulation of the commission;
(6) has had an occupation license suspended, revoked or denied for just cause in any other jurisdiction;
(7) has committed two or more acts of violence within the past two years as established by a court of competent jurisdiction of any state or of the United States; or
(8) has failed to meet any monetary or tax obligation to the federal government or to any state or local government, whether or not relating to the conduct or operation of a race meet held in this state or any other jurisdiction.
(f) The commission may suspend or revoke an occupation license for any reason which would justify refusal to issue such a license and may impose a fine not exceeding $5,000 for each violation upon any occupation licensee found to have violated any provision of this act or any rule and regulation of the commission. Such fine may be imposed in addition to or in lieu of suspending or revoking such person's occupation license. Proceedings for the suspension or revocation of an occupation license or imposition of a fine pursuant to this subsection shall be conducted by the commission or a presiding officer from the office of administrative hearings in accordance with the Kansas administrative procedure act, except that, and notwithstanding the provision of K.S.A. 77-512, subsection (b) of K.S.A. 77-526 and subsection (b)(3) of K.S.A. 77-530, and amendments thereto, any order entered by a presiding officer imposing such a fine or suspension shall be a final order and effective when served.
(g) The commission may provide by rules and regulations for the temporary suspension of an occupation license by summary adjudicative proceedings in accordance with the Kansas administrative procedure act upon finding that there is probable cause to believe that grounds exist for a permanent suspension or revocation of such license. Such suspension shall be for a period not exceeding 30 days. Upon expiration of such suspension, the license shall be restored unless the license has been suspended or revoked pursuant to subsection (f).
(h) The stewards at any horse race meeting and the racing judges at any greyhound race meeting may impose on an occupation licensee a civil fine not exceeding $500 or may suspend any occupation licensee's license for a period not exceeding 15 days upon a finding by at least two of the stewards or racing judges that there is probable cause to believe that the occupation licensee has violated the provisions of this act or any rule or regulation of the commission. No such fine or suspension shall be ordered except after notice and opportunity for hearing in accordance with procedures established by rules and regulations of the commission. Any order imposing such a fine or suspension is effective when rendered. The order shall be subject to appeal to the commission, and may be stayed pending such appeal, as provided by rules and regulations of the commission. Proceedings on appeal shall be in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1987, ch. 112, § 16; L. 1988, ch. 316, § 4; L. 1991, ch. 247, § 3; L. 1992, ch. 286, § 8; L. 1996, ch. 262, § 6; L. 1998, ch. 178, § 5; L. 2004, ch. 145, § 31; July 1, 2007.
(a) No organization licensee or facility manager licensee shall permit any business not owned and operated by the organization licensee to sell goods or services within a racetrack facility where the organization licensee conducts race meetings unless such business has been issued a concessionaire license by the commission.
(b) Businesses required to be licensed pursuant to this section shall apply for concessionaire licenses in a manner and upon forms prescribed and furnished by the commission. The commission shall require disclosure of information about the owners and officers of each applicant and may require such owners and officers to submit to fingerprinting. The commission also may require disclosure of information about and fingerprinting of such employees of each applicant as the commission considers necessary. Concessionaire licenses shall be issued for a period of time established by the commission but not to exceed 10 years. The commission shall establish a schedule of application fees and license fees for concessionaire licenses based upon the type and size of business. The application fee shall not be refundable if the business fails to qualify for a license. If the application fee is insufficient to pay the reasonable expenses of processing the application and investigating the applicant's qualifications for licensure, the commission shall require the applicant to pay to the commission, at such times and in such form as required by the commission, any additional amounts necessary to pay such expenses. No license shall be issued to an applicant until the applicant has paid such additional amounts in full, and such amounts shall not be refundable except to the extent that they exceed the actual expenses of processing the application and investigating the applicant's qualifications for licensure.
(c) The commission may require applicants as a condition of licensure to consent to allow agents of the Kansas bureau of investigation or security personnel of the commission to search without warrant the licensee's premises and personal property and the persons of its owners, officers and employees while engaged in the licensee's business within the racetrack facility or adjacent facilities under the control of the organization licensee for the purpose of investigating criminal violations of this act or violations of rules and regulations of the commission.
(d) Denial of a concessionaire license by the commission shall be in accordance with the Kansas administrative procedure act. The commission may refuse to issue a concessionaire license to any business if any person having an ownership interest in such business, any person who is an officer of such business or any person employed by such business within the racetrack facility:
(1) Has been convicted of a felony in a court of any state or of the United States or has been adjudicated in the last five years in any such court of committing as a juvenile an act which, if committed by an adult, would constitute a felony;
(2) has been convicted of a violation of any law of any state or of the United States involving gambling or controlled substances or has been adjudicated in the last five years in any such court of committing as a juvenile an act which, if committed by an adult, would constitute such a violation;
(3) fails to disclose any material fact or provides information, knowing such information to be false, in connection with the application for the license;
(4) has been found by the commission to have violated any provision of this act or any rule and regulation of the commission; or
(5) has failed to meet any monetary or tax obligation to the federal government or to any state or local government, whether or not relating to the conduct or operation of a race meet held in this state or any other jurisdiction.
(e) The commission may suspend or revoke the concessionaire license of any business for any reason which would justify refusal to issue such a license. Proceedings to suspend or revoke such license shall be conducted by the commission or a presiding officer from the office of administrative hearings in accordance with the provisions of the Kansas administrative procedure act.
(f) The commission may provide by rules and regulations for the temporary suspension of a concessionaire license by summary adjudicative proceedings in accordance with the Kansas administrative procedure act upon finding that there is probable cause to believe that grounds exist for a permanent suspension or revocation of such license. Such suspension shall be for a period not exceeding 30 days. Upon expiration of such suspension, the license shall be restored unless the license has been suspended or revoked as a result of proceedings conducted pursuant to subsection (e).
History: L. 1987, ch. 112, § 17; L. 1989, ch. 246, § 3; L. 1992, ch. 286, § 9; L. 1996, ch. 262, § 7; L. 2004, ch. 145, § 32; July 1, 2007.
(a) The commission shall appoint at least three individuals to serve as stewards or racing judges at each horse or greyhound race meeting, but not more than three such stewards or judges shall be on duty at any one time at any racing performance. One shall be designated as the chief steward or chief racing judge and the other two as associate stewards or associate racing judges. Such stewards and racing judges shall be employees of the commission who shall serve at the pleasure of the commission under the supervision of the executive director and shall be in the unclassified service under the Kansas civil service act. The commission also may contract with individuals to serve as stewards or racing judges as needed in the absence of a full-time steward or racing judge. The compensation of the stewards and racing judges shall be an amount fixed by the commission and shall be paid by the commission. The commission may require an organization licensee to reimburse the commission for compensation paid to the stewards and racing judges for their services performed at race meetings conducted by that organization licensee. Any moneys received by the commission for that purpose shall be remitted by the commission to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the racing reimbursable expense fund created by K.S.A. 74-8827, and amendments thereto. All other racing officials at a race meeting shall be approved by the commission and compensated by the organization licensee. The stewards, racing judges and other racing officials shall enforce the civil provisions of this act and any rules and regulations of the commission and shall submit written reports of the activities and conduct of the race meetings to the commission.
(b) Each steward or racing judge shall be required to obtain an occupation license from the commission pursuant to K.S.A. 74-8816, and amendments thereto, prior to performing any duties as a steward or a judge, except that an unlicensed employee of the commission may serve as a steward or racing judge on a temporary basis if the employee has had the same criminal history record check, background investigation and training, and has passed the same examination, as required for other stewards and racing judges.
(c) The commission shall require each applicant for a license as a steward or racing judge to pass an examination on matters relating to the duties of stewards or racing judges unless the applicant submits proof satisfactory to the commission that the applicant has passed an examination in another jurisdiction which the commission finds equivalent to the examination given by the commission. Examinations shall be held at such times and places as determined by the commission. Notice of the times and places of the examinations shall be given as determined by the commission. The commission shall prepare both written and oral examinations to be taken by persons applying for licensure as stewards or racing judges, requesting and taking into consideration suggestions from representatives of horsemen and horsewomen, greyhound owners, organization licensees, stewards, racing judges and other interested and knowledgeable parties as to the content thereof.
(d) The commission may examine any person who:
(1) Has not been convicted of a crime involving moral turpitude or of a felony;
(2) has completed an accredited senior high school or its equivalent;
(3) has been given a physical examination by a licensed physician within 60 days prior to the date of application for the steward's or racing judge's examination, indicating at least
20/20 vision or vision corrected to at least 20/20, and normal hearing ability;
(4) has: (A) At least five years' experience in the horse or greyhound racing industry as a licensed trainer or jockey; (B) at least 10 years' experience in the horse or greyhound racing industry as a licensed owner whose experience, knowledge, ability and integrity relative to the industry are known to the commission; (C) at least three years' experience as a licensed racing official, racing secretary, assistant racing secretary or director of racing; or (D) experience in the racing industry of a character and for a length of time sufficient, in the opinion of the commission, to be substantially equivalent to the experience requirement of subsection (d)(4)(A), (B) or (C).
(e) For the purpose of subsection (d)(4), one year's experience shall mean at least 100 days actually worked within one calendar year. An original license for a steward or racing judge issued pursuant to the provisions of this act shall be issued for the calendar year in which it is issued and shall be renewable for a period not to exceed three years as established by rules and regulations of the commission. The commission shall establish a license fee schedule consistent with the different periods for which such licenses may be granted. The license shall be valid at all race meetings in this state during the period for which it is issued, unless it is suspended or revoked prior to the expiration of such period.
History: L. 1987, ch. 112, § 18; L. 1991, ch. 247, § 4; L. 1993, ch. 260, § 1; L. 1994, ch. 146, § 7; L. 1996, ch. 262, § 8; L. 2001, ch. 5, § 344; July 1.
(a) Organizations licensed pursuant to K.S.A. 74-8813 or 74-8814, and amendments thereto, may conduct parimutuel wagering on the results of horse and greyhound races held on dates and at racetrack facilities approved by the commission and on simulcast races as provided by K.S.A. 74-8836, and amendments thereto. All persons participating in such wagering shall be present within the confines of the approved racetrack facility.
(b) Organization licensees shall issue a ticket to each person placing a wager, which ticket shall show the date and number of the race, the amount wagered and the number of the horse or greyhound selected by the person. The licensee may receive wagers on horses or greyhounds to finish first, second, third, fourth or any combination thereof within the same race or among two or more live races conducted or simulcast races displayed on the same day at the same racetrack facility, as authorized by the commission.
(c) After wagering has been closed for each live race conducted by the licensee, the organization licensee may deduct an amount not exceeding 18% of the total wagered in each parimutuel pool and the balance, less the breakage, shall be paid to holders of winning tickets for that pool in accordance with procedures authorized by the commission. The commission may authorize a higher amount not exceeding 25% to be deducted from the total wagered in parimutuel pools for multiple and exotic bets.
(d) From the amount deducted as provided in subsection (c), the organization licensee shall pay the purses as provided in K.S.A. 74-8820, and amendments thereto, and the tax as specified in K.S.A. 74-8823, and amendments thereto. The balance of the amount deducted shall be used for the purposes of the organization licensee as such purposes have been represented to the commission.
(e) The provisions of K.S.A. 74-8836, and amendments thereto, shall govern takeout and its distribution in the case of simulcast races displayed by an organization licensee.
(f) No organization licensee shall loan money or any other thing of value to any person for the purpose of permitting that person to wager on any race.
(g) All parimutuel tellers and clerks shall be employees of the organization licensee approved by the commission to conduct the parimutuel wagering at a race meeting.
History: L. 1987, ch. 112, § 19; L. 1991, ch. 247, § 5; L. 1992, ch. 27, § 6; L. 2004, ch. 168, § 3; July 1.
(a) An organization licensee shall be required to pay a minimum purse equal to at least 4/18 of the total takeout on all parimutuel pools from live greyhound races conducted by the licensee, computed weekly, and 6/18 of the total takeout on all parimutuel pools from live horse races conducted by the licensee, computed for the entire race meeting. Moneys paid for purses or stakes from breakage, from the Kansas horse breeding development fund, from the Kansas greyhound breeding development fund or from owners' payments in the form of nominations, entry fees, stakes payments or other payments by owners shall not be considered in calculating the minimum purse requirements of this section. The commission shall approve the amount of minimum purse which may be paid in stakes races during each race meeting. None of the minimum purse shall be used for any other purpose except as specified by this section.
(b) Nothing contained in this section shall be construed to limit the maximum purse to be paid.
(c) Purses shall be paid directly to the owner of a greyhound or, if a greyhound is leased, the purse shall be paid directly to the lessor and lessee as agreed in a written lease agreement on file with the organization licensee.
History: L. 1987, ch. 112, § 20; L. 1991, ch. 247, § 6; L. 1992, ch. 27, § 7; April 9.
(a) The breakage deducted from the amounts paid to winning ticket holders for each parimutuel pool shall be computed by the organization licensee and disbursed as set forth in this section. An accounting of the amount and disposition of the breakage shall be made by each organization licensee as directed by the commission. Except as otherwise provided by K.S.A. 74-8836, and amendments thereto, the breakage on minus pools shall be calculated in multiples of $.05 rather than $.10.
(b) All breakage proceeds from parimutuel wagering conducted by the organization licensee on live horse races conducted by the licensee shall be remitted by the licensee to the commission not later than the 15th day of the month following the race from which the breakage is derived. The commission shall remit any such proceeds received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas horse breeding development fund created by K.S.A. 74-8829, and amendments thereto.
(c) Except as provided by subsection (e), all breakage proceeds from parimutuel wagering conducted by the organization licensee on live greyhound races conducted by the licensee shall be distributed by the licensee not later than the 15th day of the month following the race from which the breakage is derived as follows:
(1) An amount equal to 50% of the breakage shall be used at racetrack facilities where derived to supplement open stakes races as approved by the commission; and
(2) an amount equal to 50% of the breakage shall be paid as purses directly to the breeders of Kansas-whelped greyhounds pursuant to rules and regulations of the commission.
(d) All breakage proceeds from parimutuel wagering conducted by a simulcast licensee on simulcast races displayed by the licensee shall be distributed as provided by K.S.A. 74-8836, and amendments thereto.
(e) If a racetrack facility closes or discontinues conducting races and there are undistributed breakage proceeds from parimutuel wagering conducted by the organization licensee on live greyhound races, the licensee shall distribute such proceeds to charitable organizations who apply to the organizational licensee. Such proceeds shall be distributed in accordance with the licensee's charitable distribution guidelines. Within 30 days of such distribution, the licensee shall file a report with the commission disclosing the amounts of the distributions, the names of the distributees and the date on which the distributions were made.
The provisions of this subsection shall apply to any racetrack facility conducting races on or before October 31, 2001.
History: L. 1987, ch. 112, § 21; L. 1992, ch. 27, § 8; L. 2001, ch. 5, § 345; L. 2004, ch. 168, § 4; July 1.
(a) Any person who claims to be entitled to any part of a parimutuel pool conducted by an organization licensee and who fails to claim the money due such person prior to the completion of the race meeting at which the pool was formed may file with the organization licensee within 60 days after the close of the race meeting:
(1) A verified claim on a form prescribed and furnished by the commission, setting forth such information as necessary to identify the particular pool and the amount claimed therefrom; and
(2) a substantial portion of the parimutuel ticket upon which the claim is based, sufficient to identify: (A) The particular racetrack, race and horse or greyhound involved; (B) the amount wagered; and (C) whether the ticket was a win, place or show ticket.
(b) Upon proper application by the claimant or by the organization licensee, the commission shall hear any disputed claim filed in accordance with subsection (a) and shall consider the proof offered in its support. Unless the claimant satisfactorily establishes the right to participate in the pool, the claim shall be rejected. If the claim is allowed, the organization licensee shall pay the amount of the claim to the claimant upon order of the commission.
(c) All unclaimed ticket proceeds from parimutuel wagering conducted by the organization licensee on live horse race meetings conducted by the licensee shall be remitted by the licensee to the commission on the 61st day after the close of each race meeting. The commission shall remit any such proceeds received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas horse breeding development fund created by K.S.A. 74-8829, and amendments thereto.
(d) All unclaimed ticket proceeds from parimutuel wagering conducted by the organization licensee on live greyhound race meetings conducted by the licensee shall be remitted by the licensee to the commission on the 61st day after the close of each race meeting. The commission shall remit any such proceeds received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas greyhound breeding development fund created by K.S.A. 74-8831, and amendments thereto.
(e) All unclaimed ticket proceeds from parimutuel wagering conducted by a simulcasting licensee on simulcast races displayed by the licensee shall be distributed as provided by K.S.A. 74-8836, and amendments thereto.
History: L. 1987, ch. 112, § 22; L. 1992, ch. 27, § 9; L. 1994, ch. 228, § 2; L. 2001, ch. 5, § 346; July 1.
(a) There is hereby imposed a tax on the gross sum wagered by the parimutuel method as follows:
(1) Of the total daily takeout from parimutuel pools for live horse races conducted in this state, a tax at the rate of 3/18;
(2) except as provided by subsection (a)(3), for live greyhound races conducted in this state at a racetrack facility for the racing of only greyhounds:
(A) During the first four years when racing with parimutuel wagering is conducted at such facility, a tax at the rate of 3/18 of the total daily takeout from parimutuel pools for live greyhound races; and
(B) thereafter, from parimutuel pools for each live greyhound performance, a tax at the rate of 3/18 of the first $400,000 wagered, 4/18 of the next $200,000 wagered and 5/18 of any amounts wagered exceeding $600,000;
(3) for live greyhound races conducted in this state at a dual racetrack facility or at a racetrack facility owned by a licensee whose license authorizes the construction of a dual racetrack facility:
(A) During the first seven years when racing with parimutuel wagering is conducted at such facility, a tax at the rate of 3/18 of the total daily takeout from parimutuel pools for live greyhound races; and
(B) thereafter, from parimutuel pools for each live greyhound performance, a tax at the rate of 3/18 of the first $600,000 wagered, 4/18 of the next $200,000 wagered and 5/18 of any amounts wagered exceeding $800,000;
(4) of the total daily takeout from amounts wagered in this jurisdiction on simulcast races displayed in this state, a tax at the rate of 3/18; and
(5) of the total amount wagered on historical horse races, a tax at the rate of 3%.
(b) The tax imposed by this section shall be no less than 3% nor more than 6% of the total money wagered each day at a racetrack facility.
(c) The tax imposed by this section shall be remitted to the commission by each organization licensee by the next business day following the day on which the wagers took place. The commission shall remit any such tax moneys received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state racing fund created by K.S.A. 74-8826, and amendments thereto, except as provided by K.S.A. 74-8838, and amendments thereto.
(d) The commission shall audit and verify that the amount of tax received from each organization licensee hereunder is correct.
(e) Nothing in this section shall be construed to impose any tax on amounts wagered on electronic gaming machine games operated pursuant to the Kansas expanded lottery act.
History: L. 1987, ch. 112, § 23; L. 1992, ch. 27, § 10; L. 1993, ch. 79, § 1; L. 2001, ch. 5, § 347; L. 2007, ch. 110, § 50; L. 2022, ch. 91, § 40; July 1.
History: L. 1987, ch. 112, § 23; L. 1992, ch. 286, § 11; Repealed, L. 1993, ch. 79, § 2; July 1.
(a) There is hereby imposed a tax on admissions to race meetings at the rate of 10% of:
(1) The amount received from charges for admissions, excluding any amount paid for retailers' sales tax thereon or for the tax imposed by subsection (b); and
(2) except as provided by subsection (c), the value of free or complimentary admissions, computed as if regular and usual admission rates were charged therefor.
The tax imposed by this subsection shall be remitted to the commission by each organization licensee by the next business day following the day on which the admissions were paid or, if free or complimentary, were used. The commission shall remit any such tax moneys received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state racing fund created by K.S.A. 74-8826, and amendments thereto.
(b) In addition to the tax imposed by subsection (a), there is hereby imposed on each admission to a race meeting at a racetrack facility which is exempt from local ad valorem property taxes a tax of $.20. Except as provided by subsection (c), such tax shall apply regardless of whether the admission is paid, free or complimentary.
The tax imposed by this subsection shall be remitted to the commission by each organization licensee by the next business day following the date of the admission. The commission shall remit any such tax moneys to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the local racing admissions tax fund which is hereby established in the state treasury. All moneys credited to such fund shall be allocated to the cities and counties in which racing facilities are located as follows:
(1) Each city where there is located a racing facility shall receive ½ the amount collected from the tax imposed pursuant to this subsection on admissions;
(2) each county where there is located a racing facility which is also located within a city shall receive ½ the amount collected from the tax imposed pursuant to this subsection on admissions; and
(3) each county where there is located a racing facility which is not located within any city shall receive the entire amount collected from the tax imposed pursuant to this subsection on admissions.
The state treasurer shall make distributions at least quarterly from the local racing admissions tax fund. Such distributions shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports, drawn in favor of the several county treasurers and city treasurers, pursuant to vouchers approved by the executive director or a person designated by the executive director in the amounts determined under this subsection.
(c) Organization licensees may issue to actual and necessary officials and employees of the licensee or other persons actually working at race meetings passes to which the taxes imposed by this section shall not apply. The issuance of such passes is subject to rules and regulations of the commission and a list of all persons to whom such passes are issued shall be filed with the commission.
History: L. 1987, ch. 112, § 24; L. 1992, ch. 286, § 13; L. 2001, ch. 5, § 348; July 1.
(a) The power to regulate, license and tax the management, operation and conduct of and participation in horse racing and greyhound racing, and parimutuel wagering thereon and racetrack facilities therefor, is hereby vested exclusively in the state.
(b) Persons and entities licensed pursuant to this act, and their income, property and sales, shall be subject to taxation in accordance with the general tax laws of this state, any retailers' sales tax imposed pursuant to K.S.A. 12-187 et seq. or 79-3601 et seq., and amendments thereto, any general local property tax levies and any general local business or occupation tax. No political subdivision shall:
(1) Exempt such persons or entities, or their income, property, sales, business or occupation from any such tax, or abate any such tax which is applicable to such persons, entities, income, property, sales, business or occupation, unless such exemption or abatement is provided by statute; or
(2) levy any additional tax upon the privilege of managing, operating, conducting or participating in horse racing and greyhound racing, and parimutuel wagering thereon and racetrack facilities therefor.
(c) Persons and entities licensed pursuant to this act shall be subject to any general local business or occupation licensure requirements and fees but no political subdivision shall impose any additional licensure requirements or fees on the privilege of managing, operating, conducting or participating in horse or greyhound racing, or parimutuel wagering thereon or racetrack facilities therefor.
History: L. 1987, ch. 112, § 25; May 28.
(a) There is hereby created the state racing fund in the state treasury.
(b) Except as otherwise provided by K.S.A. 74-8824 and 74-8835, and amendments thereto, all taxes on parimutuel wagering, admissions tax, application fees, license fees and fines that are collected by the commission shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state racing fund. All moneys credited to such fund shall be expended or transferred only for the purposes and in the manner provided by this act. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
(c) Except as otherwise provided by this act, all operating expenses of the commission and moneys for the promotion of horse and greyhound racing appropriated by the legislature shall be paid from the state racing fund. On January 15, 1990, and on the 15th day of each month thereafter, and at such other times as provided by law, the director of accounts and reports shall transfer to the state gaming revenues fund created by K.S.A. 79-4801, and amendments thereto, any moneys in the state racing fund on each such date in excess of the amount required for operating expenditures, transfers made pursuant to subsection (d) and an adequate fund balance, taking into consideration encumbrances, anticipated revenues, revenue and expenditure experience to date and other relevant factors, as determined by the executive director and the director of accounts and reports.
(d) (1) On or before July 15, 2025, and on the 15th day of each month thereafter, of the moneys in the state racing fund in excess of the amount required for operating expenditures of the commission, 30% of such moneys credited to the state racing fund from tax revenues collected on wagers on historical horse races pursuant to K.S.A. 74-8823(a)(5), and amendments thereto, shall be transferred by the director of accounts and reports from the state racing fund to the Kansas horse breeding development fund established in K.S.A. 74-8829, and amendments thereto.
(2) On or before July 15, 2025, and on the 15th day of each month thereafter, of the moneys in the state racing fund in excess of the amount required for operating expenditures of the commission, 70% of such moneys credited to the state racing fund from tax revenues collected on wagers on historical horse races pursuant to K.S.A. 74-8823(a)(5), and amendments thereto, shall be transferred by the director of accounts and reports from the state racing fund to the horse fair racing benefit fund established in K.S.A. 74-8838, and amendments thereto.
(e) Any appropriation or transfer of state general fund moneys for the operation of the commission or the office of the executive director and any other expenses incurred in connection with the administration and enforcement of this act shall be considered a loan and shall be repaid with interest to the state general fund in accordance with appropriation acts. Such loan shall not be considered an indebtedness or debt of the state within the meaning of section 6 of article 11 of the constitution of the state of Kansas. Such loan shall bear interest at a rate equal to the rate prescribed by K.S.A. 75-4210, and amendments thereto, for inactive accounts of the state effective on the first day of the month during which the appropriation or transfer takes effect.
(f) At the time of repayment of a loan pursuant to subsection (d), the executive director shall certify to the director of accounts and reports the amount to be repaid and any interest due thereon. Upon receipt of such certification, the director of accounts and reports shall promptly transfer the amount certified from the state racing fund to the state general fund.
History: L. 1987, ch. 112, § 26; L. 1988, ch. 316, § 5; L. 1988, ch. 317, § 3; L. 1988, ch. 319, § 3; L. 1989, ch. 247, § 1; L. 2001, ch. 5, § 349; L. 2025, ch. 92, § 4; July 1.
(a) There is hereby created the racing reimbursable expense fund in the state treasury.
(b) All fees for processing fingerprints of licensees and reimbursements from licensees for the services of assistant animal health officers, stewards and racing judges at racetrack facilities which are collected by the commission shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the racing reimbursable expense fund. All moneys credited to such fund shall be expended only for the purposes and in the manner provided by this act. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
(c) The expenses incurred by the commission for the processing of fingerprints of licensees and for payment of the services of assistant animal health officers, stewards and racing judges at racetrack facilities shall be paid from the racing reimbursable expense fund.
History: L. 1987, ch. 112, § 27; L. 2001, ch. 5, § 350; July 1.
(a) There is hereby established in the state treasury the racing applicant deposit fund.
(b) Moneys credited to the racing applicant deposit fund shall be used only to make transfers as authorized by subsection (c) and to pay refunds of deposits, and interest accrued thereon, pursuant to K.S.A. 74-8813 and 74-8815, and amendments thereto. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports, or a person designated by the director of accounts and reports pursuant to K.S.A. 75-3732 and amendments thereto, issued pursuant to vouchers approved by the executive director, or a person designated by the executive director.
(c) Upon forfeiture of a deposit pursuant to K.S.A. 74-8813 or 74-8815, and amendments thereto, the executive director shall certify to the director of accounts and reports the amount of such deposit, and any interest accrued thereon. Upon receipt thereof, the director of accounts and reports shall transfer the amount certified to the state racing fund created by K.S.A. 74-8826, and amendments thereto.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the racing applicant deposit fund interest earnings based on:
(1) The average daily balance of moneys in the racing applicant deposit fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 1987, ch. 112, § 33; L. 1989, ch. 48, § 94; L. 1992, ch. 272, § 11; L. 1996, ch. 253, § 27; May 23.
(a) There is hereby created in the state treasury the Kansas horse breeding development fund to which moneys shall be credited as provided by this act. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
(b) Moneys credited to the Kansas horse breeding development fund, including any moneys in the fund on March 24, 1994, and any moneys credited to the fund on or after that date, shall be apportioned into categories corresponding with the various breeds of horses that are participating in live races with parimutuel wagering conducted by organization licensees in direct proportion to the number of horses in each category participating in such live races and shall be used in each category to provide:
(1) Purse supplements to owners of Kansas-bred horses;
(2) stakes and awards to be paid to the owners of the winning Kansas-bred horses in certain races as determined by the commission;
(3) a stallion award to each owner of a Kansas-registered stallion that is the sire of a Kansas-bred horse if such horse competes in any recognized parimutuel race and finishes at a level determined by the commission for such award. No such award shall be paid to the owner of a Kansas-registered stallion that served outside Kansas at any time during the calendar year in which the Kansas-bred horse was conceived;
(4) a breeder's award to each owner of a Kansas-registered mare which is the dam of a Kansas-bred horse if such horse competes in any recognized parimutuel race and finishes at a level determined by the commission for such award; and
(5) moneys for equine research through institutions of higher education under the state board of regents.
History: L. 1987, ch. 112, § 28; L. 1991, ch. 247, § 7; L. 1994, ch. 228, § 3; L. 1994, ch. 332, § 3; L. 2025, ch. 92, § 5; July 1.
(a) The commission shall, by rules and regulations:
(1) Qualify stallions for participation in Kansas-registered stallion awards;
(2) provide for the registration of Kansas-domiciled mares, Kansas-domiciled stallions and Kansas-bred horses;
(3) determine qualifications of Kansas-bred horses and establish classes of Kansas-bred horses for registration purposes and for the purpose of awarding purse supplements, stakes and awards pursuant to K.S.A. 74-8829, and amendments thereto; and
(4) establish a schedule of fees for the registration of Kansas-domiciled mares, Kansas-domiciled stallions and Kansas-bred horses sufficient to provide for all expenses incurred in the administration of the Kansas horse breeding development fund created pursuant to K.S.A. 74-8829, and amendments thereto.
(b) The commission may contract with and designate an official registering agency to implement the registration of horses. The board of directors of the official registering agency shall consist of five representatives of the quarter horse breed and five representatives of the thoroughbred breed. Representatives shall be selected by each breed organization from their respective memberships pursuant to rules and regulations adopted by the Kansas racing and gaming commission. In order to be eligible to serve on the board, a participant must be a legal resident of the state of Kansas and a member of the Kansas quarter horse racing association or the Kansas thoroughbred association. Such agency shall operate under the supervision of the commission and be subject to rules and regulations of the commission. The official registering agency shall receive no compensation from the Kansas racing and gaming commission except fees received for registration of horses necessary to pay its expenses for such registration.
(c) The commission may contract with and designate an agency to provide for the distribution of purse supplements, stakes and awards from the Kansas horse breeding development fund. Such agency shall operate under the supervision of the commission and be subject to rules and regulations of the commission.
History: L. 1987, ch. 112, § 29; L. 1989, ch. 246, § 4; L. 2007, ch. 110, § 51; April 19.
(a) There is hereby created in the state treasury the Kansas greyhound breeding development fund to which moneys shall be credited as provided by this act. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
(b) Moneys credited to the fund shall be expended as follows:
(1) An amount equal to 15% of all moneys credited to the fund during a fiscal year shall be transferred by the director of accounts and reports on June 30 of each year to the greyhound tourism fund created by subsection (c);
(2) an amount equal to 35% of all moneys credited to the fund during a fiscal year shall be used for research conducted within the state of Kansas relating to the prevention of injury to and disease of greyhounds;
(3) subject to the provisions of subsection (e), an amount equal to 50% of all moneys credited to the fund during a fiscal year, less the amount determined by the commission pursuant to subsection (b)(4), shall be used by the racetrack facilities where derived to supplement stake races for Kansas-whelped greyhounds as approved by the commission;
(4) an amount determined by the commission, but not to exceed $30,000 of the moneys credited to the fund during a fiscal year, shall be used to pay a portion of the administrative costs of the official registering agency designated by the commission pursuant to K.S.A. 74-8832, and amendments thereto; and
(5) as provided by subsection (e).
(c) Moneys credited to the Kansas greyhound breeding development fund shall be used only for the benefit of greyhounds.
(d) There is hereby created in the state treasury the greyhound tourism fund. Moneys in such fund shall be used only for the promotion of greyhound-related tourism. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of commerce or a person designated by the secretary.
(e) If live greyhound racing ceases at a racetrack facility for a period of 60 continuous days or the commission finds that live greyhound racing is likely to cease at a racetrack facility for a period of 60 continuous days, any undisbursed moneys that would otherwise be expended pursuant to subsection (b)(3) shall be expended in accordance with the following:
(1) The commission shall compile a roster of Kansas-whelped greyhounds in each licensed kennel on the day of racing at the racetrack facility prior to the day of cessation of racing (the "census date"), except that any Kansas-whelped greyhound that has not been in residence in the kennel and on the kennel's active list for five of the 14 days immediately preceding the census date shall not be included in the roster.
(2) The undisbursed moneys shall be divided equally among the qualified Kansas-whelped greyhounds identified pursuant to the census described in subsection (e)(1).
(3) The funds awarded to each qualified Kansas-whelped greyhound shall be divided equally between the licensed owner of the Kansas-whelped greyhound and the licensed kennel owner in whose kennel the Kansas-whelped greyhound was resident. If such a greyhound or kennel has multiple owners, the owner's share and kennel owner's share shall be prorated in accordance with the ownership percentages of each part owner of such greyhound or kennel, as appears in the commission's multiple ownership or kennel registration records.
(4) Payments to Kansas-whelped greyhound owners and kennel owners pursuant to this subsection shall be made directly from the Kansas greyhound breeding development fund to such greyhound owners and kennel owners.
History: L. 1987, ch. 112, § 30; L. 1989, ch. 246, § 5; L. 1994, ch. 146, § 8; L. 1998, ch. 178, § 6; L. 2003, ch. 154, § 78; July 1.
(a) The commission shall, by rules and regulations, establish a schedule of fees for the registration of Kansas-whelped greyhounds which, together with the amount provided pursuant to K.S.A. 74-8830, and amendments thereto, shall be sufficient to provide for all expenses incurred in the administration of the Kansas greyhound breeding development fund created pursuant to K.S.A. 74-8831, and amendments thereto.
(b) The commission may contract with and designate an official registering agency to implement the registration of greyhounds. Such agency shall operate under the supervision of the commission and be subject to rules and regulations of the commission. The official registering agency shall receive no compensation from the Kansas racing and gaming commission except the amount provided pursuant to K.S.A. 74-8831, and amendments thereto, and fees received for registration of greyhounds necessary to pay its expenses for such registration.
(c) The commission may contract with and designate an agency to provide for the distribution of purse supplements from the Kansas greyhound breeding development fund. Such agency shall operate under the supervision of the commission and be subject to rules and regulations of the commission.
History: L. 1987, ch. 112, § 31; L. 1989, ch. 246, § 6; L. 2007, ch. 110, § 52; April 19.
The commission shall provide by rules and regulations for the establishment of a Kansas resident racing program.
History: L. 1987, ch. 112, § 32; May 28.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and, to this end, the provisions of this act are severable.
History: L. 1987, ch. 112, § 34; May 28.
(a) There is hereby created the racing investigative expense fund in the state treasury.
(b) All amounts, other than the application fee, which the commission collects from applicants for licensure pursuant to subsection (a) of K.S.A. 74-8813 or subsection (c) of K.S.A. 74-8815, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the racing investigative expense fund. All moneys credited to such fund shall be expended or transferred only for the purposes and in the manner provided by this act. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
(c) All expenses of investigation of an applicant's qualifications for an organization license, facility owner license or facility manager license shall be paid from the racing investigative expense fund. Whenever another state agency assists the commission in such investigation and incurs costs in addition to those attributable to the operations of such agency, such additional costs shall be paid from the racing investigative expense fund. The furnishing of assistance in such investigation shall be a transaction between the commission and the respective agency and shall be settled in accordance with K.S.A. 75-5516, and amendments thereto.
(d) This section shall be part of and supplemental to the Kansas parimutuel racing act.
History: L. 1988, ch. 317, § 4; L. 2001, ch. 5, § 351; July 1.
(a) Any organization licensee that schedules to conduct at least 150 days of live greyhound racing or 60 days of live or simulcast horse racing during a calendar year or a fair association that conducts fewer than 22 days of live greyhound racing or 40 days of live horse racing during a calendar year may apply to the commission for a simulcasting license to display simulcast horse races and to conduct intertrack parimutuel wagering thereon. If the organization licensee conducts races at a racetrack facility that is owned by a facility owner licensee, both licensees shall join in the application.
(b) (1) A simulcasting license granted to a fair association shall authorize the display of simulcast races at the racetrack facility where the races are conducted.
(2) Notwithstanding the provisions of subsection (b)(1), if an emergency causes the cancellation of all or any live races scheduled for a day or performance by a simulcasting licensee, the commission or the commission's designee may authorize the licensee to display any simulcast races previously scheduled for such day or performance.
(3) Notwithstanding the provisions of subsection (b)(1), the commission may authorize the licensee to display simulcast special racing events as designated by the commission.
(c) The application for a simulcasting license shall be filed with the commission at a time and place prescribed by rules and regulations of the commission. The application shall be in a form and include such information as the commission prescribes.
(d) To qualify for a simulcasting license the applicant shall:
(1) Comply with the interstate horse racing act of 1978, 15 U.S.C. § 3001 et seq., as in effect December 31, 1991;
(2) submit with the application a written approval of the proposed simulcasting schedule signed by: (A) the recognized horsemen's group for the track, if the applicant is licensed to conduct only horse races; (B) both the recognized greyhound owners' group and a recognized horsemen's group, if the applicant is licensed to conduct only greyhound races and horse races are to be simulcast; or (C) the recognized horsemen's group for the track, if the applicant is licensed to conduct both greyhound and horse races, only horse races are to be simulcast and races are to be simulcast only while the applicant is conducting live horse races; and
(3) submit, in accordance with rules and regulations of the commission and before the simulcasting of a race, a written copy of each contract or agreement that the applicant proposes to enter into with regard to such race, and any proposed modification of any such contract or agreement.
(e) The term of a simulcasting license shall be one year.
(f) A simulcasting licensee may apply to the commission or its designee for changes in the licensee's approved simulcasting schedule if such changes are approved by the respective recognized greyhound owners' group or recognized horsemen's group needed throughout the term of the license. Application shall be made upon forms furnished by the commission and shall contain such information as the commission prescribes.
(g) Except as provided by subsection (j), the takeout for simulcast horse races shall be the same as it is for the live horse and greyhound races conducted during the current or next live race meeting at the racetrack facility where the simulcast races are displayed, or, if the simulcasting licensee does not conduct live races, then such takeout shall be the same as if the race has been a live race. For simulcast races the tax imposed on amounts wagered shall be as provided by K.S.A. 74-8823, and amendments thereto. Of the balance of the takeout remaining after deduction of taxes, an amount equal to a percentage, to be determined by the commission, of the gross sum wagered on simulcast races shall be used for purses, as follows:
(1) For horse races conducted by the licensee, if the simulcast race is a horse race and the licensee conducts only live horse races; or
(2) for horse races and greyhound races, as determined by both the recognized horsemen's group and the recognized greyhound owners' group, if the simulcast is a horse race and the licensee does not conduct or is not currently conducting live horse races. That portion of simulcast purse money determined to be used for horse purses shall be apportioned by the commission to the various horse race meetings held in any calendar year based upon the number of live horse race dates comprising such horse race meetings in the preceding calendar year.
(h) Except as provided by subsection (j):
(1) If a simulcasting licensee has a license to conduct live horse races and the licensee displays a simulcast horse race:
(A) All breakage proceeds shall be remitted by the licensee to the commission not later than the 15th day of the month following the race from which the breakage is derived and the commission shall remit any such proceeds received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas horse breeding development fund created by K.S.A. 74-8829, and amendments thereto; and
(B) all unclaimed ticket proceeds shall be remitted by the licensee to the commission on the
61st
day after the end of the calendar year and the commission shall remit any such proceeds received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas horse breeding development fund created by K.S.A. 74-8829, and amendments thereto.
(2) If a simulcasting licensee has a license to conduct live racing of only greyhounds and the licensee displays a simulcast horse race:
(A) All breakage proceeds shall be remitted by the licensee to the commission not later than the 15th day of the month following the race from which the breakage is derived and the commission shall remit any such proceeds received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas horse breeding development fund created by K.S.A. 74-8829, and amendments thereto; and
(B) all unclaimed ticket proceeds shall be remitted by the licensee to the commission on the
61st
day after the end of the calendar year and the commission shall remit any such proceeds received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas horse breeding development fund created by K.S.A. 74-8829, and amendments thereto.
(i) The commission may approve a request by two or more simulcasting licensees to combine wagering pools within the state of Kansas pursuant to rules and regulations adopted by the commission.
(j) (1) The commission may authorize any simulcasting licensee to participate in an interstate combined wagering pool with one or more other racing jurisdictions.
(2) If a licensee participates in an interstate pool, the licensee may adopt the takeout of the host jurisdiction or facility. The amount and manner of paying purses from the takeout in an interstate pool shall be as provided by subsection (g).
(3) The tax imposed on amounts wagered in an interstate pool shall be as provided by K.S.A. 74-8823, and amendments thereto. Parimutuel taxes may not be imposed on any amounts wagered in an interstate combined wagering pool other than amounts wagered within this jurisdiction.
(4) Breakage for interstate combined wagering pools shall be calculated in accordance with the statutes and rules and regulations of the host jurisdiction and shall be allocated among the participating jurisdictions in a manner agreed to among the jurisdictions. Breakage allocated to this jurisdiction shall be distributed as provided by subsection (h).
(5) Upon approval of the respective recognized greyhound owners' group or recognized horsemen's group, the commission may permit an organization licensee to simulcast to other racetrack facilities or off-track wagering or intertrack wagering facilities in other jurisdictions one or more races conducted by such licensee, use one or more races conducted by such licensee for an intrastate combined wagering pool or use one or more races conducted by such licensee for an interstate combined wagering pool at off-track wagering or intertrack wagering locations outside the commission's jurisdiction and may allow parimutuel pools in other jurisdictions to be combined with parimutuel pools in the commission's jurisdiction for the purpose of establishing an interstate combined wagering pool.
(6) The participation by a simulcasting licensee in a combined interstate wagering pool does not cause that licensee to be considered to be doing business in any jurisdiction other than the jurisdiction in which the licensee is physically located.
(k) If the organization licensee, facility owner licensee, if any, and the recognized horsemen's group or recognized greyhound owners' group are unable to agree concerning a simulcasting application, the matter may be submitted to the commission for determination at the written request of any party in accordance with rules and regulations of the commission.
(l) This section shall be a part of and supplemental to the Kansas parimutuel racing act.
History: L. 1992, ch. 27, § 2; L. 1994, ch. 228, § 4; L. 1994, ch. 332, § 4; L. 1996, ch. 262, § 9; L. 1998, ch. 178, § 7; L. 2000, ch. 173, § 21; L. 2001, ch. 5, § 352; L. 2022, ch. 91, § 41; July 1.
(a) No organization licensee or facility manager licensee shall permit any business not owned and operated by the organization licensee to provide integral racing or wagering equipment or services, as designated by the commission, to an organization licensee unless such business has been issued a racing or wagering equipment or services license by the commission. Such equipment and services include, but are not limited to, totalisator, photo finish, video replay and video reception and transmission equipment or services.
(b) Businesses required to be licensed pursuant to this section shall apply for racing or wagering equipment or services licenses in a manner and upon forms prescribed and furnished by the commission. The commission shall require disclosure of information about the owners and officers of each applicant and may require such owners and officers to submit to fingerprinting. The commission also may require disclosure of information about and fingerprinting of such employees of each applicant as the commission considers necessary. Racing or wagering equipment or services licenses shall be issued for a period of time established by the commission but not to exceed 10 years. The commission shall establish a schedule of application fees and license fees for racing or wagering equipment or services licenses based upon the type and size of business. The application fee shall not be refundable if the business fails to qualify for a license. If the application fee is insufficient to pay the reasonable expenses of processing the application and investigating the applicant's qualifications for licensure, the commission shall require the applicant to pay to the commission, at such times and in such form as required by the commission, any additional amounts necessary to pay such expenses. No license shall be issued to an applicant until the applicant has paid such additional amounts in full, and such amounts shall not be refundable except to the extent that they exceed the actual expenses of processing the application and investigating the applicant's qualifications for licensure.
(c) The commission may require applicants as a condition of licensure to consent to allow agents of the Kansas bureau of investigation or security personnel of the commission to search without warrant the licensee's premises and personal property and the persons of its owners, officers and employees while engaged in the licensee's business within the racetrack facility or adjacent facilities under the control of the organization licensee for the purpose of investigating criminal violations of this act or violations of rules and regulations of the commission.
(d) Denial of a racing or wagering equipment or services license by the commission shall be in accordance with the Kansas administrative procedure act. The commission may refuse to issue a racing or wagering equipment or services license to any business if any person having an ownership interest in such business, any person who is an officer of such business or any person employed by such business within the racetrack facility:
(1) Has been convicted of a felony in a court of any state or of the United States or has been adjudicated in the last five years, in any such court of committing as a juvenile an act which, if committed by an adult, would constitute a felony;
(2) has been convicted of a violation of any law of any state or of the United States involving gambling or controlled substances or has been adjudicated in the last five years in any such court of committing as a juvenile an act which, if committed by an adult, would constitute such a violation;
(3) fails to disclose any material fact or provides information, knowing such information to be false, in connection with the application for the license;
(4) has been found by the commission to have violated any provision of this act or any rule and regulation of the commission; or
(5) has failed to meet any monetary or tax obligation to the federal government or to any state or local government, whether or not relating to the conduct or operation of a race meet held in this state or any other jurisdiction.
(e) The commission may suspend or revoke the racing or wagering equipment or services license of any business for any reason which would justify refusal to issue such a license. Proceedings to suspend or revoke such license shall be conducted by the commission or a presiding officer from the office of administrative hearings in accordance with the provisions of the Kansas administrative procedure act.
(f) The commission may provide by rules and regulations for the temporary suspension of a racing or wagering equipment or services license by summary adjudicative proceedings in accordance with the Kansas administrative procedure act upon finding that there is probable cause to believe that grounds exist for a permanent suspension or revocation of such license. Such suspension shall be for a period not exceeding 30 days. Upon expiration of such suspension, the license shall be restored unless the license has been suspended or revoked as a result of proceedings conducted pursuant to subsection (e).
(g) This section shall be part of and supplemental to the Kansas parimutuel racing act.
History: L. 1992, ch. 286, § 10; L. 1994, ch. 146, § 10; L. 1996, ch. 262, § 10; L. 2004, ch. 145, § 33; July 1, 2007.
(a) The state treasurer shall credit 1/3 of the taxes on the takeout from parimutuel pools for simulcast races, as certified by the executive director, to the horse fair racing benefit fund, which is hereby created in the state treasury.
(b) Twenty-five percent of all moneys credited to the horse fair racing benefit fund may be expended, upon application to the commission, for capital improvements to racetrack facilities.
(c) Fifteen percent of all moneys credited to the horse fair racing benefit fund may be expended, upon application to the commission, by a nonprofit horsemen's organization for the promotion of the parimutuel racing industry in this state.
(d) The remaining moneys in the horse fair racing benefit fund shall be expended only for:
(1) Reimbursement of the commission for the commission's administrative costs, as established by rules and regulations of the commission, related to race meetings conducted by a fair association or a horsemen's nonprofit organization, including the cost of stewards, racing judges and assistant animal health officers performing services at such race meetings;
(2) paying the costs of totalisator expenses incurred by an organization licensee that is a fair association or horsemen's nonprofit organization;
(3) paying the costs of background investigations required under the Kansas parimutuel racing act for members of a fair association or horsemen's nonprofit organization;
(4) paying the costs related to any lease agreement for land, equipment or other materials necessary to conduct a race meeting;
(5) purse supplements at race meetings conducted by a fair association or horsemen's nonprofit organization;
(6) basic operating assistance grants to an organization licensee that is a fair association or horsemen's nonprofit organization; and
(7) costs for employment of key racing officials, as determined by the commission, incurred by an organization licensee that is a fair association or horsemen's nonprofit organization.
(e) The commission shall adopt rules and regulations establishing procedures for distributing moneys in the horse fair racing benefit fund to fair associations and nonprofit horsemen's organizations for the purposes provided by this section.
(f) Expenditures from the horse fair racing benefit fund related to the conduct of a race meeting shall not be allocated to any organization licensee for a period exceeding 40 days.
(g) Expenditures from the horse fair racing benefit fund shall not be allocated to any organization licensee to support the conduct of parimutuel greyhound races unless the organization licensee conducts an equal or greater number of parimutuel horse races during the race meeting.
(h) Expenditures from the horse fair racing benefit fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
History: L. 1992, ch. 286, § 12; L. 1994, ch. 146, § 11; L. 2007, ch. 110, § 53; L. 2025, ch. 92, § 6; July 1.
On the effective date of this act, the director of accounts and reports shall transfer all moneys in the county fair horse racing benefit fund to the horse fair racing benefit fund. On the effective date of this act, all liabilities of the county fair horse racing benefit fund are hereby imposed on the horse fair racing benefit fund and the county fair horse racing benefit fund is hereby abolished.
History: L. 1994, ch. 146, § 12; July 1.
No licensee of the Kansas racing commission shall recruit for employment or as a volunteer any person under 18 years of age for the purpose of appearing, being heard or being quoted in any advertising or promotion of parimutuel wagering or racing with parimutuel wagering in any electronic or print media.
History: L. 1992, ch. 299, § 5; July 1.
History: L. 1994, ch. 40, § 1; Repealed, L. 2004, ch. 136, § 2; July 1.
(a) A racetrack facility shall not be subject to subdivision regulations of a city but shall be subject to the Kansas fire prevention code adopted by the state fire marshal.
(b) This section shall be part of and supplemental to the Kansas parimutuel racing act.
History: L. 2007, ch. 110, § 43; April 19.
(a) The Kansas racing and gaming commission shall establish a greyhound promotion and development fund which shall be funded through a voluntary greyhound purse checkoff program which shall provide for the deduction of 2% from all purses paid to kennels and greyhound owners who participate in the program. Greyhound owners and kennel operators shall be provided an opportunity annually to not participate in the program by signing a form approved by the Kansas racing and gaming commission. Moneys deposited into the fund shall be used for the development, promotion and representation of the greyhound industry in Kansas and shall be distributed to the organization contracted with by the Kansas racing and gaming commission to administer the official greyhound registry in Kansas.
(b) This section shall be part of and supplemental to the Kansas parimutuel racing act.
History: L. 2007, ch. 110, § 54; April 19.
(a) Wagering on one or more historical horse races is hereby authorized and may be conducted in accordance with the provisions of the Kansas parimutuel racing act.
(b) Parimutuel wagering on historical horse races shall only be conducted by an organization licensee at a facility located in Sedgwick county and only through historical horse race machines approved by the commission. Such wagering shall only be permitted in a designated area on the licensed premises of an organization licensee. A licensee shall obtain approval from the commission for any types of wagers on historical horse races prior to conducting such wagering. No historical horse race machines shall be operated at any facility that conducts live greyhound races or displays simulcast greyhound races.
(c) An organization licensee may conduct parimutuel wagering on historical horse races of any horse breed regardless of the type of breed that primarily races in live meets conducted or simulcast races displayed by the licensee. A licensee may conduct parimutuel wagering on historical horse races on any days and hours approved by the commission and shall not be limited to times during which the licensee is conducting a live horse race meeting or displaying simulcast races.
(d) All wagering on historical horse races shall be conducted as follows:
(1) A patron may only wager on historical horse races through an historical horse race machine approved by the commission;
(2) once a patron deposits the wagered amount in the historical horse race machine, one or more historical horse races shall be chosen at random;
(3) prior to the patron making a wager selection, the machine shall not display or otherwise make any information available that would allow the patron to identify a historical horse race on which such patron is wagering, including the location of the race, the date on which the race was run, the names of the horses in the race or the names of the jockeys that rode the horses in the race;
(4) the machine shall make available for viewing by the patron the true and accurate past performance information on a historical horse race prior to such patron making a wager selection. The information shall be current as of the day the historical horse race was run. The information provided to the patron shall be made available on the machine in data or graphical form; and
(5) after a patron finalizes such patron's wager selections and plays such selections, the machine shall make a video replay of a portion of the race or the finish of the race available for the patron to view and the official results of the race. The identity of the race shall only be revealed to the patron after the patron has placed and played such patron's wager.
(e) Not more than 1,000 historical horse race machines shall be placed and operated at a racetrack facility.
(f) No parimutuel wagering or other type of wagering on historical horse races shall be conducted over the internet or a digital cellular network, including through any website or mobile device application.
(g) On or before January 1, 2023, the commission shall adopt rules and regulations necessary to implement and enforce the provisions of this section.
(h) This section shall be a part of and supplemental to the Kansas parimutuel racing act.
History: L. 2022, ch. 91, § 15; July 1.
(a) Prior to the operation of any historical horse race machines pursuant to K.S.A. 2025 Supp. 74-8843, and amendments thereto, the executive director shall provide written notice to any lottery gaming facility manager managing a lottery gaming facility located in the same gaming zone as a racetrack facility where such historical horse race machines are to be operated. Such notice shall state the commission's intent to authorize the operation of historical horse race machines at such racetrack facility.
(b) No action against the state of Kansas or any other person or party for specific performance, anticipatory breach or breach of contract, the basis of which is that the authorization of historical horse race machines under K.S.A. 2025 Supp. 74-8843, and amendments thereto, violates the provisions of K.S.A. 74-8734(h)(19) or 74-8741(c)(4), and amendments thereto, or that the authorization of historical horse race machines under K.S.A. 2025 Supp. 74-8843, and amendments thereto, creates a material breach of a lottery gaming facility manager's management contract with the Kansas lottery, including any claim for reimbursement of privilege fees and interest thereon, shall be deemed to have accrued until the lottery gaming facility manager receives written notice from the executive director pursuant to subsection (a). Any such action shall be commenced within 60 days after receipt of such written notice and shall be filed as an original action in the supreme court. The supreme court shall have original jurisdiction for determination of any claims made and damages related thereto.
(c) No claim for equitable relief, including injunctive relief, may be brought in any action filed pursuant to this section. No claim may be brought in any action filed pursuant to this section except by the lottery gaming facility manager for the lottery gaming facility located in the same gaming zone as the racetrack facility where such historical horse race machines are to be operated.
(d) Any monetary damages awarded in any action brought pursuant to this section shall not exceed an amount equal to the privilege fee paid by the lottery gaming facility manager filing such action, plus any interest from the date such action accrued as specified in subsection (b).
(e) (1) If no action is filed pursuant to subsection (b), the commission may authorize the operation of historical horse race machines at the racetrack facility.
(2) If an action is properly filed, the commission shall not authorize the operation of historical horse race machines until such time as the supreme court issues a final order in such action and such order does not prohibit the commission from authorizing the operation of such machines.
(3) If the final judgment of the court orders the repayment of the privilege fees, or any portion thereof, paid by the lottery gaming facility manager, including any interest from the date such action accrued, as specified in subsection (b), the executive director shall determine the total amount due for such repayment in accordance with such order and certify such repayment amount to the facility manager licensee for the racetrack facility. The commission shall not authorize the operation of any historical horse race machines at such racetrack facility until the executive director has received such certified amount. The executive director shall remit all such moneys received to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the privilege fee repayment fund.
(f) The privilege fee repayment fund is hereby created in the state treasury and shall be administered by the Kansas lottery. The privilege fee repayment fund shall consist of those moneys credited to the privilege fee repayment fund from any payments received pursuant to subsection (e). All expenditures from the privilege fee repayment fund shall be for the repayment of privilege fees, including accrued interest thereon, and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director or the executive director's designee.
(g) The provisions of this section shall be a part of and supplemental to the Kansas parimutuel racing act.
History: L. 2022, ch. 91, § 16; July 1.
The provisions of K.S.A. 2025 Supp. 74-8843 and 74-8844, and amendments thereto, are hereby declared to be severable. If any part or provision of K.S.A. 2025 Supp. 74-8843 and 74-8844, and amendments thereto, is held to be void, invalid or unconstitutional, such part or provision shall not affect or impair any of the remaining parts or provisions of this act, and any such remaining provisions shall continue in full force and effect.
History: L. 2022, ch. 91, § 17; July 1.
The provisions of this act shall be cited as the Kansas development finance authority act.
History: L. 1987, ch. 57, § 1; May 28.
The following words or terms used in this act shall have the following meanings unless a different meaning clearly appears from the context:
(a) "Act" means the Kansas development finance authority act.
(b) "Authority" means the Kansas development finance authority created by K.S.A. 74-8903, and amendments thereto.
(c) "Agricultural business enterprises" means facilities supporting or utilized in the operation of farms, ranches and other agricultural, aquacultural or silvicultural commodity producers and services provided in conjunction with the foregoing. "Agricultural business enterprise" shall not include a swine production facility on agricultural land which is owned, acquired, obtained or leased by a corporation, limited liability company, limited partnership, corporate partnership or trust.
(d) "Agricultural land," "corporation," "corporate partnership," "limited liability company," "limited partnership," "swine production facility" and "trust" have the meanings ascribed pursuant to K.S.A. 17-5903, and amendments thereto.
(e) "Board of directors" means the board of directors of the authority created by K.S.A. 74-8903, and amendments thereto.
(f) "Bonds" means any bonds, notes, debentures, interim certificates, grant and revenue anticipation notes, interest in a lease, lease certificate of participation or other evidences of indebtedness, whether or not the interest on which is subject to federal income taxation, issued by the authority pursuant to this act.
(g) "Capital improvements" means any physical public betterment or improvement or any preliminary plans, studies or surveys relative thereto; land or rights in land, including, without limitations, leases, air rights, easements, rights-of-way or licenses; and any furnishings, machinery, vehicles, apparatus or equipment for any public betterment or improvement.
(h) "Construct" means to acquire or build, in whole or in part, in such manner and by such method as the authority shall determine to be in the public interest and necessary to accomplish the purposes of and authority set forth in this act.
(i) "Loans" means loans made for the purposes of financing any of the activities authorized within this act, including loans made to financial institutions for funding or as security for loans made for accomplishing any of the purposes of this act and reserves and expenses appropriate or incidental thereto.
(j) "Educational facilities" means real, personal and mixed property of any and every kind intended by an educational institution in furtherance of its educational program.
(k) "Facilities" means any real property, personal property or mixed property of any and every kind.
(l) "Health care facilities" means facilities for furnishing physical or mental health care.
(m) "Housing development" means any work or undertaking, whether new construction or rehabilitation, which is designed and financed pursuant to the provisions of this act for the primary purpose of providing dwelling accommodations for elderly persons and families of low income in need of housing.
(n) "Industrial enterprise" means facilities for manufacturing, producing, processing, assembling, repairing, extracting, warehousing, distributing, communications, computer services, transportation, corporate and management offices and services provided in connection with any of the foregoing, in isolation or in any combination, that involve the creation of new or additional employment or the retention of existing employment.
(o) "Political subdivision" means political or taxing subdivisions of the state, including municipal and quasi-municipal corporations, boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups or administrative units thereof, receiving or expending and supported, in whole or in part, by public funds and any municipality as defined in K.S.A. 75-1117, and amendments thereto.
(p) "Pooled bonds" means bonds of the authority, the interest on which is subject to federal income taxation, which are issued for the purpose of acquiring bonds issued by two or more political subdivisions.
(q) "Research facilities" means facilities for use in research and development activities, whether conducted for profit or not for profit, of an agricultural business enterprise, industrial enterprise or any other commercial enterprise or educational institution or health care institution.
(r) "State" means the state of Kansas.
(s) "State agency" means any office, department, board, commission, bureau, division, public corporation, agency or instrumentality of this state.
(t) "Federal entity" means the government of the United States of America or any bureau, department, instrumentality or other agency of the federal government.
History: L. 1987, ch. 57, § 2; L. 1989, ch. 248, § 1; L. 1995, ch. 125, § 1; L. 1998, ch. 199, § 1; L. 1999, ch. 158, § 2; L. 2003, ch. 136, § 7; L. 2004, ch. 181, § 1; L. 2007, ch. 116, § 1; July 1.
History: L. 1987, ch. 57, § 2; L. 1989, ch. 248, § 1; L. 1995, ch. 125, § 1; L. 1998, ch. 143, § 42; Repealed, L. 1999, ch. 158, § 15; July 1.
(a) There is hereby created, with such duties and powers as are hereinafter set forth to carry out the provisions of this act, a public body politic and corporate, with corporate succession, to be an independent instrumentality of this state exercising essential public functions, and to be known as the Kansas development finance authority.
(b) The board of directors of the authority shall consist of the five members to be appointed by the governor. Not less than three voting members of such board shall be representative of the general public and not more than three voting members shall be members of the same political party.
(c) Members appointed by the governor shall be subject to confirmation by the senate as provided by K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed to the board, whose appointment is subject to confirmation shall exercise any power, duty or function as a member of the authority until confirmed by the senate. Except as provided by subsection (d), such members shall serve for terms of four years and until their successors are appointed and confirmed. Any vacancy in the board occurring other than by expiration of term shall be filled by the appointment of the governor, but for the unexpired term only.
(d) The terms of members who are appointed by the governor and who are serving on the authority on the effective date of this act shall expire on January 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(e) The governor shall designate the chairperson and vice-chairperson of the board from the members of such board.
(f) The authority shall have such rights, powers and privileges and shall be subject to such duties as provided by this act.
(g) The governor shall appoint a president who shall serve at the will of the governor. The president shall appoint and employ such additional officers, accountants, financial advisors or experts, bond counsel or other attorneys, agents and employees as it may require and shall determine their qualifications, duties and compensation subject to the approval of the board of directors. The president shall be an ex officio nonvoting member of the board and may be elected secretary of the board. The powers of the authority shall be vested in the members of the board of directors and three members of the board shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of present and voting board members. Any motion and resolution to authorize an issue of bonds, to approve a loan application, to authorize a lease transaction or to approve a bond guaranty shall have the affirmative vote of at least three board members.
(h) Before the issuance of any bonds, each member of the board of directors of the authority shall execute a surety bond in the penal sum of $250,000 and the president of the authority shall execute a surety bond in the penal sum of $250,000, each surety bond to be conditioned upon the faithful performance of the duties of the office by such board member or president, as the case may be, to be executed by a surety company authorized to transact business in the state of Kansas, as surety, and to be approved by the attorney general. At all times after the issuance of any bonds by the authority, each member of the board of directors of the authority shall maintain such surety bonds in full force and effect. All costs of such surety bonds shall be borne by the authority.
(i) The members of the board of directors of the authority shall serve without compensation, but the authority may reimburse its board members for mileage and subsistence expenses incurred in the discharge of their official duties as provided by subsections (b) and (c) of K.S.A. 75-3223, and amendments thereto.
(j) No part of the funds of the authority shall inure to the benefit of, or be distributed to, its employees, officers or board of directors, except that the authority shall be authorized and empowered to pay its employees reasonable compensation.
(k) The authority may be dissolved by act of the legislature on condition that the authority has no debts or obligations outstanding or provision has been made for the payment or retirement of such debts or obligations. Upon any such dissolution of the authority, all property, funds and assets thereof shall be vested in the state.
History: L. 1987, ch. 57, § 3; L. 1995, ch. 241, § 20; L. 1997, ch. 51, § 1; July 1.
Except as otherwise limited by this act, the authority shall have the following powers to:
(a) Sue and be sued;
(b) have a seal and alter such seal;
(c) make and alter bylaws for its organization and internal management;
(d) adopt such rules and regulations as may be necessary to carry out the purposes of this act;
(e) acquire, hold and dispose of real and personal property for its corporate purposes;
(f) appoint officers, agents and employees, prescribe their duties and qualifications and fix their compensation;
(g) borrow money and to issue notes, bonds and other obligations pursuant to K.S.A. 74-8905, and amendments thereto, whether or not the interest on which is subject to federal income taxation, and to provide for the rights of the lenders or holders thereof;
(h) purchase notes or participations in notes evidencing loans which are secured by mortgages or security interests and to enter into contracts in that regard;
(i) make secured or unsecured loans for any of the purposes for which bonds of the authority may be issued under this act or to low and moderate income multifamily rental housing projects participating in programs established in section 42 of the federal internal revenue code, and provide financing for housing projects and programs in participation with programs established by the United States department of housing and urban development or the division of housing in the Kansas development finance authority; except as otherwise provided in this subsection, nothing in this act shall be construed to authorize the authority to make loans directly to individuals to finance housing developments;
(j) sell mortgages and security interests at public or private sale, to negotiate modifications or alterations in mortgage and security interests, to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, contract or other agreement, and to bid for and purchase property which was the subject of such mortgage or security interest at any foreclosure or at any other sale, to acquire or take possession of any such property, and to exercise any and all rights as provided by law for the benefit or protection of the authority or mortgage holders;
(k) collect fees and charges in connection with its loans, bond guarantees, commitments and servicing, including, but not limited to, reimbursement of costs of financing as the authority shall determine to be reasonable and as shall be approved by the authority;
(l) make and execute contracts for the servicing of mortgages acquired by the authority pursuant to this act, and to pay the reasonable value of services rendered to the authority pursuant to those contracts;
(m) enter into agreements with and accept gifts, grants, loans and other aid from the federal government, the state, any state agency, any political subdivision of the state, or any person or corporation, foundation or legal entity, and to agree to and comply with any conditions attached to federal and state financial assistance not inconsistent with the provisions of this act;
(n) invest moneys of the authority not required for immediate use, including proceeds from the sale of any bonds, in such manner as the board shall determine, subject to any agreement with bondholders stated in the authorizing resolution providing for the issuance of bonds;
(o) procure insurance against any loss in connection with its programs, property and other assets;
(p) provide technical assistance and advice to the state or political subdivisions of the state and to enter into contracts with the state or political subdivisions of the state to provide such services. The state or political subdivisions of the state are hereby authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them;
(q) establish accounts in one or more depositories;
(r) lease, acquire, construct, sell and otherwise deal in and contract concerning any facilities;
(s) have and exercise all of the powers granted to the public housing authorities by the state, except that the authority shall not have the power of eminent domain;
(t) do any and all things necessary or convenient to carry out purposes of the authority and exercise the powers given and granted in this act;
(u) assist minority businesses in obtaining loans or other means of financial assistance. The terms and conditions of such loans or financial assistance, including the charges for interest and other services, will be consistent with the provisions of this act. In order to comply with this requirement, efforts must be made to solicit for review and analysis proposed minority business ventures. Basic loan underwriting standards will not be waived to inconsistently favor minority persons or businesses from the intent of the authority's lending practices;
(v) form one or more subsidiary corporations under K.S.A. 17-6001 et seq., and amendments thereto, in accordance with the procedures therein contained. Each subsidiary corporation shall be subject to the same restrictions and limitations as to the powers and purposes to which the authority is subject. The authority may delegate any of its powers, obligations and duties to any subsidiary corporation by inclusion of such powers, obligations and duties in the articles of incorporation of the subsidiary corporation. Subsidiary corporations so formed shall constitute legal entities separate and distinct from each other, the authority and the state except that for purposes of K.S.A. 58-4217 to 58-4226, inclusive, and amendments thereto, the Kansas housing resources corporation shall constitute an instrumentality of the state. The authority shall not be liable for the debts or obligations or for any actions or inactions of its subsidiary corporations unless the authority expressly agrees otherwise in writing. The authority may make loans or grants to a subsidiary corporation from time to time to enable the subsidiary corporation to carry out its purposes. The members of the authority shall constitute all of the directors of each subsidiary corporation.
The state, any municipality or any state commission, public authority, agency, officer, department, board or division authorized and empowered to enter into agreements with, to grant, convey, lease or otherwise transfer any property to, or to otherwise transact business with the authority, shall have the same authorization and power to engage in these activities with each subsidiary corporation of the authority.
One or more such subsidiary corporation may be formed for purposes of establishing state tax credit equity funds to assist in the development of low-income and middle-income housing and obtain financing through participation in the program established in section 42 of the federal internal revenue code.
Actions of the authority or any subsidiary corporation relating to housing pursuant to this subsection (v) shall be carried out in accordance with any terms, conditions and limitations relating to policy issues regarding housing, as established by the director of housing in the Kansas development finance authority.
One or more such subsidiary corporations may be formed for purposes of acquiring or conveying on behalf of the state and pursuant to this act a project of statewide as well as local importance, issuing bonds on behalf of the state pursuant to this act to finance a project of statewide as well as local importance or otherwise financing on behalf of the state pursuant to this act a project of statewide as well as local importance. The Kansas statewide projects development corporation is hereby created in accordance with this section; and
(w) assist, coordinate, administer and participate with out-of-state: Governmental authorities, bodies, issuers and other public and private entities; in connection with the issuance of bonds, notes or other evidence of indebtedness for the purpose of financing any facilities whether such facility is located within or outside of Kansas. In connection with such financings which include out-of-state issuers, the authority is designated as the only entity in Kansas which may conduct the public hearing of the applicable governmental unit required by section 147 (f) of the federal internal revenue code of 1986, as amended, and the governor of Kansas is designated as the only entity in Kansas who may be the applicable governmental unit pursuant to section 147 (f) of the federal internal revenue code of 1986, as amended. Following such hearing the authority shall determine whether such financing should proceed with respect to facilities located within Kansas by an out-of-state issuer. If the authority determines that the financing should not proceed, the financing shall not proceed relative to the Kansas facilities.
History: L. 1987, ch. 57, § 4; L. 1994, ch. 223, § 1; L. 1999, ch. 158, § 3; L. 2003, ch. 154, § 79; L. 2004, ch. 181, § 2; L. 2005, ch. 109, § 15; April 21.
(a) The authority may issue bonds, either for a specific activity or on a pooled basis for a series of related or unrelated activities or projects duly authorized by a political subdivision or group of political subdivisions of the state in amounts determined by the authority for the purpose of financing projects of statewide as well as local importance, capital improvement facilities, educational facilities, health care facilities and housing developments. Nothing in this act shall be construed to authorize the authority to issue bonds or use the proceeds thereof to:
(1) Purchase, condemn or otherwise acquire a utility plant or distribution system owned or operated by a regulated public utility;
(2) finance any capital improvement facilities or educational facilities which are being financed by the issuance of general obligation or utility revenue bonds of a political subdivision, except that the acquisition by the authority of general obligation or utility revenue bonds issued by political subdivisions with the proceeds of pooled bonds shall not violate the provisions of the foregoing; or
(3) purchase, acquire, construct, reconstruct, improve, equip, furnish, repair, enlarge or remodel property for any swine production facility on agricultural land which is owned, acquired, obtained or leased by a corporation, limited liability company, limited partnership, corporate partnership or trust.
Nothing in this subsection (a) shall prohibit the issuance of bonds by the authority when any statute specifically authorizes the issuance of bonds by the authority or approves any activity or project of a state agency for purposes of authorizing any such issuance of bonds in accordance with this section and provides an exemption from the provisions of this subsection (a).
(b) The authority may issue bonds for activities and projects of state agencies as requested by the secretary of administration. Research facilities of state educational institutions shall be subject to the provisions of this subsection (b). No bonds may be issued pursuant to this act for any activity or project of a state agency unless the activity or project either has been approved by an appropriation or other act of the legislature or has been approved by the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto. When requested to do so by the secretary of administration, the authority may issue bonds for the purpose of refunding, whether at maturity or in advance of maturity, any outstanding bonded indebtedness of any state agency. The revenues of any state agency which are pledged as security for any bonds of such state agency which are refunded by refunding bonds of the authority may be pledged to the authority as security for the refunding bonds.
(c) The authority may issue bonds for the purpose of financing industrial enterprises, transportation facilities, agricultural business enterprises, educational facilities, health care facilities, housing developments, research facilities or any combination of such facilities, or any interest in facilities, including without limitation leasehold interests in and mortgages on such facilities, whether located within or outside of Kansas. The authority may additionally issue bonds for the purpose of financing a hall of fame, museum or tourist destination of national significance, as determined by the secretary of commerce. Such authority to issue bonds for a hall of fame, museum or tourist destination of national significance shall expire on December 31, 2007. No less than 30 days prior to the issuance of any bonds authorized under this act with respect to any project or activity within Kansas which is to be undertaken for the direct benefit of any person or entity which is not a state agency or a political subdivision, written notice of the intention of the authority to provide financing and issue bonds therefor shall be given by the president of the authority to the governing body of the city in which the project or activity is to be located. If the project or activity is not proposed to be located within a city, such notice shall be given to the governing body of the county. No bonds for the financing of the project or activity shall be issued by the authority for a one-year period if, within 15 days after the giving of such notice, the governing body of the political subdivision in which the project or activity within Kansas is proposed to be located shall have adopted an ordinance or resolution stating express disapproval of the project or activity and shall have notified the president of the authority of such disapproval. The authority shall not issue bonds for the purpose of financing a project or activity outside Kansas unless the authority has determined that the issuance of such bonds provides a benefit to Kansas or its people and that the owner or operator thereof or an affiliate has a presence or impact in Kansas.
(d) The authority may issue bonds for the purpose of establishing and funding one or more series of venture capital funds in such principal amounts, at such interest rates, in such maturities, with such security, and upon such other terms and in such manner as is approved by resolution of the authority. The proceeds of such bonds not placed in a venture capital fund or used to pay or reimburse organizational, offering and administrative expenses and fees necessary to the issuance and sale of such bonds shall be invested and reinvested in such securities and other instruments as shall be provided in the resolution under which such bonds are issued. Moneys in a venture capital fund shall be used to make venture capital investments in new, expanding or developing businesses, including, but not limited to, equity and debt securities, warrants, options and other rights to acquire such securities, subject to the provisions of the resolution of the authority. The authority shall establish an investment policy with respect to the investment of the funds in a venture capital fund not inconsistent with the purposes of this act. The authority shall enter into an agreement with a management company experienced in venture capital investments to manage and administer each venture capital fund upon terms not inconsistent with the purposes of this act and such investment policy. The authority may establish an advisory board to provide advice and consulting assistance to the authority and the management company with respect to the management and administration of each venture capital fund and the establishment of its investment policy. All fees and expenses incurred in the management and administration of a venture capital fund not paid or reimbursed out of the proceeds of the bonds issued by the authority shall be paid or reimbursed out of such venture capital fund.
(e) The authority may issue bonds in one or more series for the purpose of financing a redevelopment plan project that is approved by the authority in accordance with K.S.A. 74-8921 and 74-8922, and amendments thereto, or by Johnson or Labette county in accordance with the provisions of this act.
(f) After receiving and approving the feasibility study required pursuant to K.S.A. 74-8936, and amendments thereto, the authority may issue bonds in one or more series for the purpose of financing a multi-sport athletic project in accordance with K.S.A. 74-8936 through 74-8938, and amendments thereto. If the project is to be constructed in phases, a similar feasibility study shall be performed prior to issuing bonds for the purpose of financing each subsequent phase.
(g) The authority may issue bonds for the purpose of financing resort facilities, as defined in subsection (a) of K.S.A. 32-867, and amendments thereto, in an amount or amounts not to exceed $30,000,000 for any one resort. The bonds and the interest thereon shall be payable solely from revenues of the resort and shall not be deemed to be an obligation or indebtedness of the state within the meaning of section 6 of article 11 of the constitution of the state of Kansas. The authority may contract with a subsidiary corporation formed pursuant to subsection (v) of K.S.A. 74-8904, and amendments thereto, or others to lease or operate such resort. The provisions of K.S.A. 32-867, 32-868, 32-870 through 32-873 and 32-874a through 32-874d, and amendments thereto, shall apply to resorts and bonds issued pursuant to this subsection.
(h) The authority may use the proceeds of any bond issues herein authorized, together with any other available funds, for venture capital investments or for purchasing, leasing, constructing, restoring, renovating, altering or repairing facilities as herein authorized, for making loans, purchasing mortgages or security interests in loan participations and paying all incidental expenses therewith, paying expenses of authorizing and issuing the bonds, paying interest on the bonds until revenues thereof are available in sufficient amounts, purchasing bond insurance or other credit enhancements on the bonds, and funding such reserves as the authority deems necessary and desirable. All moneys received by the authority, other than moneys received by virtue of an appropriation, are hereby specifically declared to be cash funds, restricted in their use and to be used solely as provided herein. No moneys of the authority other than moneys received by appropriation shall be deposited with the state treasurer.
(i) Any time the authority is required to publish a notification pursuant to the tax equity and fiscal responsibility act of 1982, the authority shall further publish such notification in the Kansas register and on the Kansas development finance authority website.
(j) Any time the authority issues private activity bonds, as defined in K.S.A. 74-5059, and amendments thereto, pursuant to this section, the authority shall publish notification of such issuance at least 14 days prior to any bond hearing in the official county newspaper of the county in which the project or activity financed by such bonds are located and in the Kansas register.
History: L. 1987, ch. 57, § 5; L. 1988, ch. 320, § 10; L. 1989, ch. 248, § 2; L. 1993, ch. 88, § 1; L. 1994, ch. 130, § 7; L. 1995, ch. 125, § 2; L. 1996, ch. 205, § 14; L. 1998, ch. 199, § 2; L. 2000, ch. 176, § 1; L. 2003, ch. 136, § 8; L. 2004, ch. 181, § 3; L. 2005, ch. 191, § 1; July 1.
History: L. 1987, ch. 57, § 5; L. 1988, ch. 320, § 10; L. 1989, ch. 248, § 2; L. 1993, ch. 88, § 1; L. 1994, ch. 130, § 7; L. 1995, ch. 125, § 2; L. 1996, ch. 205, § 14; L. 1998, ch. 143, § 43; Repealed, L. 2000, ch. 176, § 5; May 25.
(a) Bonds issued shall be authorized by resolution of the authority. The bonds may be issued as registered bonds or coupon bonds, payable to bearer, and, if coupon bonds, may be registrable as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denomination or in another form. The bonds may be in such form and denominations, may have such date or dates, may be stated to mature at such time or times, may bear interest payable at such times and at such rate or rates, may be payable at such places within or without the state, may be subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the authority shall determine. The bonds shall have all the qualities of and shall be deemed to be negotiable instruments under the laws of the state of Kansas, subject to provisions as to registration as set forth above. The authorizing resolution may contain any other terms, covenants and conditions that the authority deems reasonable and desirable, including without limitation those pertaining to the maintenance of various funds and reserves, the nature and extent of any security for payment of the bonds, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing for authorized purposes, and the rights, duties and obligations of the authority and the holders and registered owners of the bonds.
(b) The authorizing resolution may provide for the execution of a trust indenture between the authority and any financial institution within or without the state of Kansas. The trust indenture may contain any terms, covenants and conditions that are deemed desirable by the authority, including without limitation those pertaining to the maintenance of various funds and reserves, the nature and extent of any security for the payment of the bonds, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting of any moneys during periods not needed for authorized purposes, and the rights, duties and obligations of the authority and the holders and registered owners of the bonds.
(c) Any authorizing resolution and trust indenture relating to the issuance and security of the bonds shall constitute a contract between the authority and holders and registered owners of the bonds, which contract, and all covenants, agreements and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of such contract, and the covenants, agreements and obligations of the authority may be enforced by mandamus or other appropriate proceeding at law or in equity.
History: L. 1987, ch. 57, § 6; May 28.
(a) The bonds may be sold in such manner, either at public or private sale, and upon such terms as the authority shall determine to be reasonable and expedient for effectuating the purposes for which the authority was created. The bonds may be sold at such price as the authority may accept, including sale at discount or premium.
(b) The bonds shall be executed by manual or facsimile signatures of the chairperson of the board of directors and the president of the authority or of any other director or officer of the authority authorized to make such signature by resolution of the board of directors. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of such bonds or coupons, their signatures, nevertheless, shall be valid and sufficient for all purposes. The authority shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be impressed or imprinted with the seal of the authority.
(c) It shall be plainly stated on the face of each bond that it has been issued under this act, that the bonds shall be obligations only of the authority, and that, in no event, shall the bonds constitute an indebtedness of the state of Kansas or an indebtedness for which the faith and credit or taxing powers of the state of Kansas are pledged. The payment of the principal of, redemption premium, if any, or interest on the trustee's and paying agent's fees in connection with the bonds may be secured by a lien on and security interest in facilities financed by bonds issued hereunder, by lien or pledge of loans made or mortgages purchased by the authority and any collateral security received by the authority, including without limitation the authority's interest in and any revenue derived from any loan, lease or other financing agreements. It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with such bond issue or the holders of the bonds take possession of the loans, mortgages, leases or collateral security.
History: L. 1987, ch. 57, § 7; L. 1998, ch. 199, § 3; May 28.
Any bonds issued under the provisions of this act and the interest paid thereon, unless specifically declared to be taxable in the authorizing resolution, shall be exempt from all state, county and municipal taxes, and the exemption shall include income and property taxes.
History: L. 1987, ch. 57, § 8; L. 2010, ch. 44, § 31; July 1.
Any pledge of revenues, moneys, funds or other property made by the authority shall be valid and binding from the time when such pledge is made and the revenues, moneys, funds or other property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without such physical delivery thereof or further act on the part of the authority, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the authorizing resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the authority.
History: L. 1987, ch. 57, § 9; May 28.
No director, employee or officer of the authority shall be liable personally for any reason arising from the service of such person as a director, employee or officer of the authority or any subsidiary corporations created pursuant to this act unless such person acted with willful, wanton or fraudulent misconduct or intentionally tortuous conduct. The authority and any subsidiary corporation created pursuant to K.S.A. 74-8904, and amendments thereto, shall be considered a governmental entity for purposes of the Kansas tort claims act, K.S.A. 75-6102, and amendments thereto.
History: L. 1987, ch. 57, § 10; L. 1994, ch. 223, § 2; L. 1996, ch. 49, § 1; July 1.
The authority may create and establish one or more special funds or accounts as appropriate to secure bonds issued hereunder, as determined by the authority.
History: L. 1987, ch. 57, § 11; May 28.
Bonds may be issued for the purpose of refunding, either at maturity or in advance of maturity, any bonds issued under this act. Such refunding bonds may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may either be applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the authority and the authorizing resolution or trust indenture securing such refunding bonds. The authorizing resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same security for their payment as provided for the bonds being refunded. Refunding bonds shall be sold and secured in accordance with the provisions of this act pertaining to the sale and security of the bonds.
History: L. 1987, ch. 57, § 12; May 28.
On or before the last day of November in each year, the authority shall make an annual report of its activities for the preceding fiscal year to the governor and to the legislature. Such report shall contain an audit of the preceding fiscal year, prepared by a firm of nationally recognized certified public accountants. On or before the last day of November of each year, the authority shall provide a written report to the governor and the legislature with respect to all bonds of the authority issued during the previous fiscal year, specifying the terms of sale and the costs, fees and expenses of each such bond issue.
History: L. 1987, ch. 57, § 13; L. 1991, ch. 248, § 1; L. 1992, ch. 31, § 1; July 1.
All officers, departments, boards, agencies, divisions and commissions of the state are hereby authorized and empowered to render any and all of such services to the authority as may be within the area of their respective governmental functions as fixed or established by law, and as may be required by the authority. The cost and expenses of any such services shall be paid by the authority.
History: L. 1987, ch. 57, § 14; May 28.
No officer, director or employee of the authority for purpose of personal gain shall have or attempt to have, directly or indirectly, any financial interest in any contract or agreement of the authority in connection with the sale or purchase of any bonds or investments of the authority.
History: L. 1987, ch. 57, § 15; May 28.
This act shall be liberally construed. Nothing contained herein is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any other law of this state, and the provisions of this act are cumulative to such powers. The provisions hereof do and shall be construed to provide a complete, additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to powers conferred by any other laws. The issuance of bonds under the provisions hereof need not comply with the requirements of any other state laws applicable to the issuance of bonds, notes and other obligations.
History: L. 1987, ch. 57, § 16; May 28.
The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purpose of making loans to organizations which provide community mental health, intellectual disability and drug and alcohol abuse services to the Kansas department for aging and disability services, and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto.
History: L. 1989, ch. 50, § 1; L. 2012, ch. 91, § 58; L. 2014, ch. 115, § 311; July 1.
The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purpose of making loans for the construction of public improvements to a public water supply system owned by a municipality, rural water district or other governmental agency, and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto.
History: L. 1989, ch. 226, § 1; July 1.
In recognition of the services provided to state agencies without charge by the Kansas development finance authority, the repayment required to be made prior to July 1, 1991, as specified by section 17 of chapter 33 of the 1988 Session Laws of Kansas, is hereby reduced from $40,330 to $20,165. In addition to the payment of $40,331 required to be made by section 17 of chapter 33 of the 1988 Session Laws of Kansas prior to July 1, 1992, an additional payment of $20,165 shall be made by the Kansas development finance authority to the state general fund prior to July 1, 1993.
History: L. 1991, ch. 248, § 2; May 16.
(a) Before the Kansas development finance authority issues any bonds for any state agency project or a project or investment under the IMPACT act, the authority shall conduct a feasibility analysis and recommend to the secretary of administration any project which appears appropriate for consideration to offer to the pooled money investment board as an alternative investment. If the secretary of administration approves the recommendation, the secretary shall give notice of such approval to the chairperson of the pooled money investment board in writing. If the pooled money investment board and the secretary of administration reach agreement on the terms and conditions of the financing, the pooled money investment board may invest in any such project.
(b) Unless the pooled money investment board has declined the investment, the Kansas development finance authority shall not proceed to issue bonds for any project offered to the pooled money investment board until at least 15 days after the secretary of administration's notice to the pooled money investment board under subsection (a).
(c) The authority shall give notice to the pooled money investment board of the public sale of bonds for any state agency or IMPACT act projects. The pooled money investment board is authorized to purchase any such bonds.
History: L. 1993, ch. 207, § 9; L. 1996, ch. 206, § 11; July 1.
(a) In addition to the other requirements of this act, bonds issued by the authority under subsection (e) of K.S.A.
74-8905, and amendments thereto, shall be issued only after the authority establishes a redevelopment district in accordance with the provisions of this section.
(b) To establish a redevelopment district, the authority shall adopt a resolution stating its intent to establish the redevelopment district, describing the boundaries of the proposed district, identifying any proposed projects to be considered as a part of the redevelopment district, and stating the time, place, and manner that the authority will receive public written comment on the proposed redevelopment district. The resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation within the county in which the redevelopment district may be established. A copy of the resolution shall be mailed to the governing bodies of the county and the school district in which the proposed redevelopment district is located. Upon conclusion of a public comment period of not less than 10 days following the second publication, the authority may adopt a resolution establishing the redevelopment district. Any addition of area to the redevelopment district shall be subject to the same procedure as the original resolution that established the redevelopment district.
(c) Any redevelopment plan undertaken within the redevelopment district may be in separate development stages. Each plan shall be adopted according to the provisions of K.S.A.
74-8922, and amendments thereto, and shall fix a date for completion. Any project constituting a part of an approved redevelopment plan shall be completed on or before the final scheduled maturity of the first series of bonds issued to finance the redevelopment project.
(d) Subject to the provisions of K.S.A.
74-8925, and amendments thereto, any increment in ad valorem property taxes resulting from a redevelopment district undertaken in accordance with the provisions of this act, shall be apportioned to the redevelopment bond fund created pursuant to K.S.A.
74-8927, and amendments thereto, for the payment of the costs of an approved redevelopment project, including the payment of principal and interest on any bonds issued to finance such project pursuant to this act and may be pledged to the payment of principal and interest on such bonds. The maximum maturity of bonds issued pursuant to this section and subsection (e) of K.S.A.
74-8905, and amendments thereto, shall not exceed 20 years from the date of approval of the redevelopment project. For the purposes of this act, "increment" means that amount of ad valorem taxes collected from real property located within the redevelopment district that is in excess of the amount which is produced from such property and attributable to the assessed valuation of such property prior to the date the redevelopment district was established, as determined under the provisions of K.S.A.
74-8925, and amendments thereto.
(e) Before any redevelopment district is established pursuant to K.S.A. 74-8921, and amendments thereto, a comprehensive feasibility study, which shows the benefits to the state and its political subdivisions derived from such project will exceed the costs and that the income therefrom will be sufficient to pay for the project, shall be prepared by the developer and submitted to the authority and a redevelopment plan implementation agreement between the authority and the developer with respect to implementing the redevelopment plan shall have been executed. Such feasibility study shall be an open public record and the redevelopment agreement shall be approved by the board of county commissioners of the county in which the redevelopment district is located.
History: L. 1998, ch. 199, § 4; L. 1999, ch. 158, § 4; L. 2003, ch. 136, § 9; May 1.
(a) If the developer proposes to undertake a redevelopment project within a redevelopment district established pursuant to K.S.A. 74-8921, and amendments thereto, at the federal enclave located in Johnson and Labette counties, the developer shall prepare a redevelopment plan. The redevelopment plan shall include:
(1) A summary of the feasibility study required by K.S.A. 74-8921, and amendments thereto;
(2) a reference to the redevelopment district established under K.S.A. 74-8921, and amendments thereto;
(3) a comprehensive description of the project;
(4) a description and map of the area to be redeveloped;
(5) a detailed description of the buildings and facilities proposed to be constructed or improved in such area;
(6) a plan for the financing of the redevelopment project; and
(7) any other information the authority deems necessary to advise the public of the intent of the plan.
(b) A copy of the proposed redevelopment plan shall be delivered by the developer to the authority and to the board of county commissioners of the county in which the redevelopment district is located, and the board of county commissioners shall determine, within 30 days after receipt of the plan, whether the plan as proposed is consistent with the comprehensive development plan for the development of the property. If the proposed redevelopment plan is not consistent with the comprehensive development plan, the authority, shall deny the plan. If the redevelopment plan is consistent with the comprehensive development plan of the county, then the authority may adopt the redevelopment plan by a resolution passed by a majority of the board of directors of the authority. Any substantial changes to the plan as adopted shall be made in the same manner, with notice and approval of the board of county commissioners and adoption of a resolution by the authority. A redevelopment plan may be adopted by the authority, pursuant to these procedures, at the same time that the authority establishes the redevelopment district under K.S.A. 74-8921, and amendments thereto.
(c) (1) Under no circumstances shall the state of Kansas, any of its political subdivisions, the Kansas development finance authority or any unit of local government assume responsibility or otherwise be responsible for any environmental remediation, or any fees which may relate thereto, which may be required to be performed within the redevelopment district designated through any redevelopment plan, and any attorney fees incurred by the state of Kansas as a defendant in any litigation arising from any such environmental remediation or fees relating thereto, other than an action for enforcement of federal laws commenced by appropriate authorities of the federal government, shall be paid by the party or parties bringing the litigation or otherwise causing the state of Kansas to be a party to the litigation. At the time of transfer of any real property located within a federal enclave in Johnson and Labette counties from the United States to any subdivision of the state, including Johnson and Labette counties, if all remedial action necessary to protect human health and the environment has been taken, a covenant of transfer shall be made by the United States to this effect in compliance with the provisions of 42 U.S.C. § 9620 et seq., and amendments thereto. If at the time of transfer such property is still in the remediation process, the covenant of transfer may be deferred pending the completion of the remediation by the United States with a separate covenant of transfer covering the property to be provided at a future date stating that the site has been fully remediated as provided in 42 U.S.C. § 9620, and amendments thereto. Nothing in this section is intended and shall not be construed to relieve the United States, the federal government or any agency thereof from any duty, responsibility or liability for any contamination or remediation of the land as may be imposed or required under state or federal law.
Prior to taking title, possession or otherwise exercising control over land within the federal enclave located in Johnson and Labette counties or in any other way exposing the state to potential liability for environmental remediation of such property, the state or any instrumentality of the state shall obtain the written opinion of a competent attorney, specializing in environmental law and maintaining professional liability insurance, and the Kansas attorney general regarding the state's potential liability resulting from taking title, possession or otherwise exercising control over the land. Also prior to taking title, possession or otherwise exercising control over the land, Johnson county or Labette county, as appropriate, shall ensure that adequate environmental insurance is obtained and purchased to cover the property.
History: L. 1998, ch. 199, § 5; L. 1999, ch. 158, § 5; L. 2001, ch. 132, § 2; L. 2003, ch. 136, § 10; May 1.
The authority may use the proceeds of bonds issued pursuant to subsection (e) of K.S.A. 74-8905, and amendments thereto, or upon approval by the board of county commissioners or other taxing subdivision in which the redevelopment district is located any uncommitted funds derived from those sources set forth in K.S.A. 74-8924, and amendments thereto, or other funds pledged for the payment of such bonds to implement the redevelopment plan to the extent authorized in the redevelopment plan implementation agreement adopted pursuant to K.S.A. 74-8921, and amendments thereto. Any excess revenue from sources set forth in K.S.A. 74-8927, and amendments thereto, other than any revenues pledged from private sources which the authority has agreed in the redevelopment implementation agreement to such sources not otherwise needed or committed for the repayment of bonds or other project costs authorized in the agreement shall upon approval by the authority be paid out by the state treasurer proportionately to the appropriate taxing authorities.
History: L. 1998, ch. 199, § 6; L. 1999, ch. 158, § 6; L. 2003, ch. 136, § 11; May 1.
(a) Any bonds issued by the authority under subsection (e) of K.S.A. 74-8905, and amendments thereto, or by Johnson county or Labette county under this act to finance the undertaking of any redevelopment project in accordance with the provisions of this act, shall be made payable, both as to principal and interest:
(1) From property tax increments, other than an increment derived from ad valorem taxes levied by or on behalf of a school district, allocated to, and paid into a special fund of the authority under the provisions of K.S.A. 74-8925, and amendments thereto;
(2) from revenues of the authority or the developer derived from or held in connection with the undertaking and carrying out of any redevelopment plan under this act;
(3) from any private sources, contributions or other financial assistance from the state or federal government;
(4) when otherwise authorized by law, from the revenue collected by the state under K.S.A. 74-8927, and amendments thereto;
(5) from a portion or all increased revenue received by any city or county from franchise fees collected from utilities and other businesses using public right-of-way within the redevelopment district;
(6) when otherwise authorized by law, from a portion or all of the revenue received from sales taxes collected within the redevelopment district pursuant to K.S.A. 12-187, and amendments thereto; or
(7) by any combination of these methods.
(b) The authority may pledge such revenue to the repayment of such bonds prior to, simultaneously with, or subsequent to the issuance of such bonds.
History: L. 1998, ch. 199, § 7; L. 1999, ch. 158, § 7; L. 2003, ch. 136, § 12; May 1.
(a) For the purposes of this act, the term "taxing subdivision" shall include the county, the city, the unified school district and any other taxing subdivision levying real property taxes, the territory or jurisdiction of which includes any currently existing or subsequently created redevelopment district. The term "real property taxes" includes all taxes levied on an ad valorem basis upon land and improvements thereon, other than the property tax levied pursuant to the provisions of K.S.A. 72-5142, and amendments thereto, or any other property tax levied by or on behalf of a school district.
(b) All tangible taxable property located within a redevelopment district shall be assessed and taxed for ad valorem tax purposes pursuant to law in the same manner that such property would be assessed and taxed if located outside such district, and all ad valorem taxes levied on such property shall be paid to and collected by the county treasurer in the same manner as other taxes are paid and collected. Except as otherwise provided in this section, the county treasurer shall distribute such taxes as may be collected in the same manner as if such property were located outside a redevelopment district. Each redevelopment district established under the provisions of this act shall constitute a separate taxing unit for the purpose of the computation and levy of taxes.
(c) Beginning with the first payment of taxes which are levied following the date of approval of any redevelopment district established pursuant to K.S.A. 74-8921, and amendments thereto, real property taxes received by the county treasurer resulting from taxes which are levied subject to the provisions of this act by and for the benefit of a taxing subdivision, as herein defined, on property located within such redevelopment district constituting a separate taxing unit under the provisions of this section, shall be divided as follows:
(1) From the taxes levied each year subject to the provisions of this act by or for each of the taxing subdivisions upon property located within a redevelopment district constituting a separate taxing unit under the provisions of this act, the county treasurer first shall allocate and pay to each such taxing subdivision all of the real property taxes collected which are produced from that portion of the current assessed valuation of such real property located within such separate taxing unit which is equal to the total assessed value of such real property on the date of the establishment of the redevelopment district.
(2) Any real property taxes produced from that portion of the current assessed valuation of real property within the redevelopment district constituting a separate taxing unit under the provisions of this section in excess of an amount equal to the total assessed value of such real property on the effective date of the establishment of the district shall be allocated and paid by the county treasurer according to specified percentages of the tax increment expressly agreed upon and consented to by the governing bodies of the county and school district in which the redevelopment district is located. The amount of the real property taxes allocated and payable to the authority under the agreement shall be paid by the county treasurer to the treasurer of the state. The remaining amount of the real property taxes not payable to the authority shall be allocated and paid in the same manner as other ad valorem taxes. Any real property taxes paid to the state treasurer under this section shall be deposited in the redevelopment bond finance fund of the authority which is created pursuant to K.S.A. 74-8927, and amendments thereto, to pay the costs of any approved redevelopment project, including the payment of principal of and interest on any bonds issued by the authority to finance, in whole or in part, such project. When such bonds and interest thereon have been paid, all moneys thereafter received from real property taxes within such redevelopment district shall be allocated and paid to the respective taxing subdivisions in the same manner as are other ad valorem taxes. If such bonds and interest thereon have been paid before the completion of a project, the authority may continue to use such moneys for any purpose authorized by the redevelopment agreement until such time as the project costs are paid or reimbursed, but for a period not to exceed the final scheduled maturity of the bonds.
(d) In any redevelopment plan or in the proceedings for the issuing of any bonds by the authority to finance a project, the property tax increment portion of taxes provided for in subsection (c)(2) may be irrevocably pledged for the payment of the principal of and interest on such bonds. The authority may adopt a redevelopment plan in which only a specified percentage of the tax increment realized from taxpayers in the redevelopment district is pledged to the payment of costs.
History: L. 1998, ch. 199, § 8; L. 1999, ch. 158, § 8; L. 2003, ch. 136, § 13; L. 2015, ch. 4, § 70; L. 2017, ch. 95, § 99; July 1.
(a) No later than 30 days prior to a meeting of the board of directors of the authority at which a redevelopment plan that contains the provisions authorized by K.S.A. 74-8922, and amendments thereto, is to be considered by the authority, the secretary of the authority shall transmit a copy of the proposed redevelopment plan to be considered by the authority to the clerk, assessor and treasurer of the county in which the redevelopment district is located and to the governing bodies of the county and school district which levy taxes upon any property in the redevelopment district. A representative of each office or jurisdiction receiving a copy of the proposed redevelopment plan under this subsection shall have the right to be present and heard at the meeting of the board of directors of the authority at which the redevelopment plan is first considered by the authority.
(b) For any year in which taxes are to be paid to the redevelopment bond finance fund established under subsection (c)(2) of K.S.A. 74-8925, and amendments thereto, any increase in assessed valuation of taxable tangible real property within the redevelopment district in excess of an amount equal to the total assessed value of such real property on the date of the establishment of the redevelopment district shall not be considered by any taxing subdivision in computing any debt limitation or for any other purpose except for the levy of taxes and in determining the amount to be paid to such fund.
(c) The appraiser of any county in which a redevelopment district is authorized by the authority shall certify the amount of such increase in assessed valuation of real and personal property within the redevelopment district to the county clerk on or before July 1 of each year.
History: L. 1998, ch. 199, § 9; May 28.
(a) Whenever a pledge of the revenue derived from the state and countywide retailers' sales tax is otherwise authorized by law to be pledged for the repayment of bonds issued to finance or refinance the redevelopment, then, until the earlier of: (1) The date the bonds issued to finance or refinance the redevelopment undertaken in the redevelopment district have been paid in full; or (2) the final scheduled maturity date of the first series of bonds issued to finance the redevelopment project, all revenues collected or received from the state transient guest tax established pursuant to K.S.A. 79-5301 through 79-5304, and amendments thereto, any revenue from a county or countywide retailers' sales tax levied or collected under K.S.A. 74-8929, and amendments thereto, the state retailers' sales tax pursuant to K.S.A. 79-3603, and amendments thereto, and the state compensating use tax, pursuant to K.S.A. 79-3703, and amendments thereto, which have been certified by the director of taxation to have been derived from taxpayers located in a redevelopment district shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury.
(b) The state treasurer shall credit all such revenues authorized to be pledged for the repayment of the bonds to the redevelopment bond fund which is hereby established and shall be held by the state treasurer as custodian for the authority. Distributions from the redevelopment bond fund shall not require an appropriation by the legislature. The state treasurer shall make such distributions on dates mutually agreed upon by the treasurer and the authority. The authority shall use all such moneys received pursuant to this section to pay the costs of redevelopment projects to the extent authorized pursuant to a redevelopment plan implementation agreement approved pursuant to K.S.A. 74-8921, and amendments thereto. Any revenues not needed or committed for the payment of bonds or other project costs as authorized by the redevelopment plan implementation agreement shall upon approval by the authority be remitted by the state treasurer proportionately to the appropriate taxing authorities.
History: L. 1998, ch. 199, § 16; L. 1999, ch. 158, § 9; L. 2001, ch. 5, § 353; L. 2003, ch. 136, § 14; May 1.
The secretary of commerce, the state treasurer, the board of county commissioners, the director of taxation, any bond trustee or fiscal agent are authorized to enter into agreements in connection with the implementation of any redevelopment project with a redevelopment district established pursuant to K.S.A. 74-8921, and amendments thereto.
History: L. 1998, ch. 199, § 17; L. 2003, ch. 154, § 80; July 1.
(a) Whenever a redevelopment district is proposed to be established pursuant to K.S.A. 19-4902, and amendments thereto, by the board of county commissioners or by the authority pursuant to K.S.A. 74-8921, and amendments thereto, and a pledge of the revenue derived from the state or countywide retailers' sales tax is authorized to be pledged for the repayment of bonds issued to finance or refinance the redevelopment, then the board of county commissioners of Johnson county or the board of county commissioners of Labette county, in addition to any countywide retailers' sales tax authorized by K.S.A. 12-187, and amendments thereto, or other specific statutory provisions, may adopt and impose a county retailers' sales tax at a rate of .5% within the redevelopment district, without submitting the question to an election and all revenue derived from the county retailers' sales tax levied under this subsection shall be pledged for the purposes of financing the redevelopment plan and redevelopment projects.
(b) Notwithstanding any other statutory provision to the contrary, whenever the board of county commissioners of Johnson county adopts and imposes the county retailers' sales tax authorized under subsection (a), then all revenue that is derived from a countywide retailers' sales tax imposed by the county pursuant to K.S.A. 12-187, and amendments thereto, from taxpayers within the redevelopment district, except those portions of such taxes which have otherwise been expressly dedicated for other purposes by a prior pledge of the county or by authorizing statute or voter approval, shall be considered to be dedicated for purposes of the redevelopment district and upon collection by the director of taxation, such revenues shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the redevelopment bond fund established pursuant to K.S.A. 74-8927, and amendments thereto, if applicable, or to the redevelopment bond fund established by the board of county commissioners.
(c) All revenue derived from a county retailers' sales tax imposed under subsection (a) and collected under subsection (b) shall upon collection, be remitted to the state treasurer, as provided by K.S.A. 74-8927, and amendments thereto, and may be pledged and used by the authority or board in like manner as other revenues collected or received under K.S.A. 74-8927, and amendments thereto. Whenever the authority has proposed to issue bonds pursuant to subsection (e) of K.S.A. 74-8905, and amendments thereto, the county retailers' sales tax imposed under subsection (a) and the revenue collected under subsection (b) shall remain in effect and may not be reduced or rescinded by the governing body of the county until such time as the bonds have been fully paid. When such bonds have been fully paid, then (1) the county retailers' sales tax imposed under subsection (a) shall expire, unless otherwise renewed by action of the governing body of the county for purposes of implementing additional projects authorized for the redevelopment district; and (2) the revenues to be collected under subsection (b) may be rededicated for other purposes by resolution of the governing body of the county and if not so rededicated then the revenues thereafter collected shall be used only for approved and authorized costs in the redevelopment district in accordance with approved redevelopment plans. Upon rededication of the revenues under subsection (b), or in the event that no future redevelopment projects or authorized costs remain for the redevelopment district, the revenues derived from the countywide retailers' sales tax covered under subsection (b) shall thereafter be distributed to the county treasurer as required under K.S.A. 12-192, and amendments thereto.
History: L. 1998, ch. 199, § 20; L. 2001, ch. 5, § 354; L. 2003, ch. 136, § 15; May 1.
Within 120 days of the effective date of this act, developer of a project of state-wide as well as local importance shall reimburse the unified government of Wyandotte county for cash investment in the project as documented to and determined by the secretary of commerce.
History: L. 1998, ch. 199, § 23; L. 1999, ch. 158, § 10; L. 2001, ch. 132, § 1; L. 2003, ch. 154, § 81; July 1.
(a) As used in this act:
(1) "Board" means the board of trustees of Kansas City Kansas community college;
(2) "foundation" means the Kansas multi-sport and recreation foundation;
(3) "increment" means that amount of state and local sales tax revenue imposed pursuant to K.S.A. 12-187 et seq. and 79-3601 et seq., and amendments thereto, collected from taxpayers doing business within the boundaries of the project area that is in excess of the amount of such taxes collected prior to the date the resolution authorizing the project was adopted by the board;
(4) "project" means the construction of a multi-sport athletic complex and the improvement of facilities within the project area; and
(5) "project area" means the boundaries of the area in which the project will be undertaken as described by the board, but shall not include the boundaries of any redevelopment district in a major tourism area which includes an auto race track facility located in Wyandotte county as follows: Beginning at the intersection of Interstate 70 and Interstate 435; west along Interstate 70 to 118th Street; north along 118th Street to State Avenue; northeasterly along proposed relocated State Avenue to 110th Street; north along 110th Street to Parallel Parkway; east along Parallel Parkway to Interstate 435; South along Interstate 435 to Interstate 70.
(b) The board or the foundation on behalf of the board may undertake a project. Such a project may be undertaken in one or more phases. Prior to undertaking a project, the board shall adopt a resolution stating its intent to undertake the project, describing the nature of the proposed project, a detailed description of all of the buildings and facilities that are proposed to be constructed or improved in the project area, describing the boundaries of the area in which the proposed project will be undertaken, giving an estimate of the cost of such project and establishing a date for completion of the project. Any addition or changes to the project which are contrary to such resolution shall be ratified by the same procedure as the original resolution of intent.
(c) If the project area identified by the resolution adopted by the board requires the project area be expanded outside of the boundaries of the college's campus, the governing body of the county in which such property is located first shall approve the boundaries of the project area after holding a public hearing. Prior to holding the public hearing, the governing body shall adopt a resolution stating that such boundaries are subject to approval. Such resolution shall: (1) Give notice that a public hearing will be held to consider the proposed boundaries and fix the date, hour and place of such public hearing; (2) describe the proposed boundaries; (3) describe a proposed project that identifies all of the proposed area and that identifies in a general manner all of the buildings and facilities that are proposed to be constructed or improved in the project area; and (4) state that the governing body will consider approving such expansion beyond the campus boundaries.
A copy of the resolution providing for the public hearing shall be delivered to the board of education of any school district levying taxes on property within the proposed project area. The resolution shall be published once in the official county newspaper not less than one week nor more than two weeks preceding the date fixed for the public hearing. If the resolution approving the boundaries of the project area is adopted by the governing body of the county, no sales tax increment collected from taxpayers doing business within the project area, but outside the boundaries of the college campus shall be pledged pursuant to K.S.A. 74-8937 as debt service for payment of principle and interest on any bonds issued for the project until it is first subject to a county-wide election and has received the approval of a majority of the electors of the county voting thereon at an election held pursuant to the notice, publication and other election procedures prescribed by K.S.A. 12-187 and amendments thereto.
(d) Any project may be undertaken in separate development phases. Any project shall be completed on or before the final scheduled maturity of the first series of bonds issued to finance the project.
(e) Any moneys which represent the increment as defined by K.S.A. 74-8936, and amendments thereto, shall be apportioned to a special fund established by the Kansas development finance authority for the payment of the costs of the project, including the payment of principal and interest on any bonds issued to finance such project pursuant to this act and may be pledged to the payment of principal and interest on such bonds. The maximum maturity of bonds issued to finance projects pursuant to this act shall not exceed 30 years from the date of the issuance of the bonds to finance the project.
(f) Before any project is undertaken, the board shall enter into a contract with the lowest responsible bidder among nationally recognized consultants for the preparation of a comprehensive feasibility study. The study shall include:
(1) A determination of whether sufficient revenues may be pledged to pay the debt service on bonds issued to finance the project;
(2) an estimate of revenues likely to be realized through existing sources of income which may be pledged to finance such bonds;
(3) an identification of other sources of revenue which might be necessary to be pledged to finance the bonds;
(4) an identification of future economic trends which may affect the feasibility of the project;
(5) an identification of opportunity costs created by the project; and
(6) any other considerations which may be relevant to determining the feasibility of the project.
History: L. 2000, ch. 176, § 2; May 25.
(a) Any bonds issued by the authority under subsection (f) of K.S.A. 74-8905, and amendments thereto, to finance the undertaking of the project in accordance with the provisions of this act, shall be made payable, both as to principal and interest:
(1) from revenues of the college or the foundation derived from or held in connection with the undertaking and carrying out of any redevelopment plan under this act;
(2) from any private sources, contributions or other financial assistance from the state or federal government;
(3) from sales tax increments from any sales taxes collected within the boundaries of the project area as described by the resolution of the board of trustees; or
(4) by any combination of these methods.
(b) Such revenue may be pledged to the repayment of such bonds prior to, simultaneously with or subsequent to the issuance of such bonds.
(c) No funds derived from student tuition shall be used to pay the principal or interest on bonds issued by the authority under subsection (f) of K.S.A. 74-8905, and amendments thereto.
History: L. 2000, ch. 176, § 3; May 25.
(a) Until the date the bonds issued to finance the project undertaken in the project area have been paid in full, any revenue realized from sales tax from a countywide retailers' sales tax imposed and collected under K.S.A. 12-187 and amendments thereto, the state retailers' sales tax pursuant to K.S.A. 79-3603, and amendments thereto which have been certified by the director of taxation to have been derived from taxpayers located in the project area shall be remitted to the state treasurer.
(b) The state treasurer shall transfer all such revenues to the fund established by the authority. The state treasurer shall make such distributions on dates mutually agreed upon by the treasurer and the authority. The authority shall use all such moneys received pursuant to this section to pay the costs of the project. Any revenues not needed or committed for the payment of bonds as determined by the authority may be remitted by the state treasurer proportionately to the appropriate taxing subdivisions.
History: L. 2000, ch. 176, § 4; May 25.
(a) For the purpose of financing the construction, renovation or repair of (1) one or more facilities which generate electricity solely by use of hydropower and which each have a capacity of more than two but less than 25 megawatts, or (2) a facility or portion thereof which generates electricity and is designed as a prototype for the generation of electricity and hydrogen with limited emissions and for research in connection with related technologies and which includes a research or teaching component involving one or more postsecondary educational institutions or faculty members thereof, the Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the costs of such construction, renovation or repair, including any required interest on the bonds during construction, renovation or repair, plus all amounts required for costs of the bond issuance and for any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues derived from sales of electricity generated by the generation facility or facilities or from any other revenues available to be pledged by the Kansas development finance authority for such purpose.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued hereunder shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
History: L. 2001, ch. 196, § 2; L. 2004, ch. 164, § 1; July 1.
(a) For the purpose of financing the construction, purchase and installation of pollution control devices at electric generation facilities and additions to electric generation facilities described in subsection (e) of K.S.A. 66-104, and amendments thereto, the Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the costs of such construction, purchase and installation, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues derived from sales of generation from the electric generation facility. As used in this subsection, "pollution control devices" means any device or structure required to meet air emission or water discharge standards imposed by state or federal law.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued hereunder shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
History: L. 2001, ch. 206, § 4; July 1.
(a) For the purpose of financing the construction, purchase and installation of pollution control devices at electric generation facilities and additions to electric generation facilities described in subsection (b)(2)(C) of K.S.A. 66-128, and amendments thereto, the Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the costs of such construction, purchase and installation, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues derived from sales of generation from the electric generation facility. As used in this subsection, "pollution control devices" means any device or structure required to meet air emission or water discharge standards imposed by state or federal law.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued hereunder shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
History: L. 2001, ch. 207, § 3; L. 2008, ch. 174, § 5; July 1.
As used in K.S.A. 74-8942 through 74-8945:
(a) "Establishment" means a business that:
(1) Has at least $100,000,000 in existing annual gross compensation paid to jobs located in Kansas, according to reports filed with the secretary of labor, for the previous three years;
(2) has an average annual gross compensation of at least $40,000 paid per existing employee;
(3) currently has at least $200,000,000 total investment in Kansas;
(4) intends to add investment, in the state as defined in subsection (d), for modernization and retooling of at least $50,000,000 within five years from the effective date of this act or within five years of contracting with the department of commerce; and
(5) is described by north American industrial classification code number 326211, tire manufacturing.
(b) "Gross compensation" means wages and benefits paid to or on behalf of employees receiving wages.
(c) "Secretary" means the secretary of commerce.
(d) "Invest" or "investment" for the purpose of determining the eligibility of an establishment for the incentive payments created pursuant to this act, means an amount greater than the average amount invested by the establishment over the five years prior to the effective date of this act or for investments made after July 1, 2003, over the five years prior to entering into a contract with the secretary. If an establishment has been engaged in commercial operations for less than five years, the amount invested shall be greater than the annual average amount invested by the establishment for the entire period of commercial operation.
History: L. 2002, ch. 185, § 15; L. 2003, ch. 154, § 82; L. 2004, ch. 179, § 114; July 1.
The Kansas development finance authority is hereby authorized to issue obligations in a principal amount not to exceed $10,000,000 upon certification by the department of commerce that an establishment has entered into a contract with the secretary pursuant to this act. The authority shall issue such obligations in an amount of $1 for every $5 the establishment shall invest as required pursuant to K.S.A. 74-8942, and amendments thereto. The maximum maturity of bonds issued pursuant to this act shall be 15 years. Such obligations shall be issued within 60 days of the date by which the secretary receives the signed contract required pursuant to K.S.A. 74-8944, and amendments thereto. The proceeds of such issuance shall be used by the authority for acquiring or improving real property or acquiring or replacing personal property for modernizing and retooling of an establishment in the state. Subject to appropriation, the debt service on such obligations shall be paid by the transfer of an amount not to exceed 75% of the revenue realized from payments by employees of the establishment pursuant to K.S.A. 79-3294 et seq., and amendments thereto, but no such transfer shall commence prior to July 1, 2003.
History: L. 2002, ch. 185, § 16; L. 2003, ch. 154, § 83; July 1.
An establishment shall enter into a contract with the secretary in which in return for incentive payments authorized pursuant to K.S.A. 74-8943, and amendments thereto, the establishment agrees that, in the event that insufficient revenue is realized by the payments made pursuant to K.S.A. 74-8943, and amendments thereto, the establishment shall be responsible for the debt services on obligations issued pursuant to this act. The contract shall include a specified amount which the establishment agrees to invest in the state and shall be the basis for determining the amount of obligations issued pursuant to K.S.A. 74-8943, and amendments thereto. In the event the establishment invests a lesser amount the establishment shall repay any amount received at a ratio of $1 for each $5 of the difference between the amount pledged and the amount actually invested. The contract shall further specify that, in the event the rate of taxation set forth in the Kansas income tax act is abolished and insufficient revenue is realized to meet the debt service on the obligations issued pursuant to this act, the establishment shall not be responsible for any amount of shortfall attributable to such reduction in rates. The contract may specify such additional terms and conditions as may be necessary to administer this act. The secretary may include provisions in the contract to reduce the amount of eligible tax credits or other benefits on the investment to support such bond repayment.
History: L. 2002, ch. 185, § 17; June 6.
The establishment shall not be allowed credits pursuant to K.S.A. 79-32,160a, and amendments thereto, for any amount of investment related to or computed on the basis of any investment of the proceeds of obligations issued pursuant to this act.
History: L. 2002, ch. 185, § 18; June 6.
(a) As used in this section:
(1) "Appurtenances" means all substations, towers, poles and other structures and equipment necessary for the bulk transfer of electricity.
(2) "Electric transmission line" means any line or extension of a line which is at least five miles long and which is used for the bulk transfer of electricity.
(b) The Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the following described costs of construction, upgrading and acquisition, including any required interest on the bonds during such construction, upgrading and acquisition, plus all amounts required for the costs of bond issuance and any required reserves on the bonds: (1) Construction or upgrading of electric transmission lines and appurtenances which are owned and operated by an electric municipal utility or which are to be used for the transfer of electricity with an operating voltage of 34.5 kilovolts or more of electricity; (2) acquisition of the right-of-way on which such transmission lines and appurtenances are to be constructed; and (3) upgrading of such electric transmission lines and appurtenances. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues derived from use of the transmission lines.
(c) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(e) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
History: L. 2003, ch. 81, § 31; L. 2004, ch. 120, § 10; July 1.
(a) For the purpose of financing the construction of a new integrated coal gasification power plant or expansion of an existing integrated coal gasification power plant, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction or expansion, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from sales of generation from the integrated coal gasification power plant.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section:
(1) "Expansion of an existing integrated coal gasification power plant" means expansion, beginning after December 31, 2005, of the capacity of an existing integrated coal gasification power plant by at least 10% of such capacity, and includes construction or expansion of transmission facilities which are located at the site of such plant and are employed specifically to serve such expansion.
(2) "Integrated coal gasification power plant" has the meaning provided by K.S.A. 79-32,238, and amendments thereto.
(3) "New integrated coal gasification power plant" means an integrated coal gasification power plant construction of which begins after December 31, 2005, and includes transmission facilities which are located at the site of such plant and are employed specifically to serve such plant.
History: L. 2006, ch. 209, § 27; July 1.
(a) For the purpose of financing the construction of a new refinery, expansion of an existing refinery or restoration of a refinery, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction, expansion or restoration, including any required interest on the bonds during construction, expansion or restoration, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from sales of petroleum products produced at the refinery.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section:
(1) "Expansion of an existing refinery" means expansion, beginning after December 31, 2005, of the capacity of an existing refinery by at least 10% of such capacity.
(2) "New refinery" means a refinery, construction of which begins after December 31, 2005.
(3) "Refinery" has the meaning provided by K.S.A. 79-32,217, and amendments thereto.
(4) "Restoration of a refinery" means restoration of production of a refinery which has been out of production for five or more years.
History: L. 2006, ch. 209, § 32; July 1.
(a) For the purpose of financing the construction of a new qualifying pipeline, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from transportation fees paid for transporting oil through the qualifying pipeline.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section:
(1) "New qualifying pipeline" means a qualifying pipeline, construction of which begins after December 31, 2005.
(2) "Qualifying pipeline" has the meaning provided by K.S.A. 79-32,223, and amendments thereto.
History: L. 2006, ch. 209, § 35; July 1.
(a) For the purpose of financing the construction of a new integrated coal or coke gasification nitrogen fertilizer plant or expansion of an existing integrated coal or coke gasification nitrogen fertilizer plant, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction or expansion, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from sales of nitrogen fertilizer produced at the integrated coal or coke gasification nitrogen fertilizer plant.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section:
(1) "Expansion of an existing integrated coal or coke gasification nitrogen fertilizer plant" means expansion, beginning after December 31, 2005, of the capacity of an existing integrated coal or coke gasification nitrogen fertilizer plant by at least 20% of such capacity.
(2) "Integrated coal or coke gasification nitrogen fertilizer plant" has the meaning provided by K.S.A. 79-32,228, and amendments thereto.
(3) "New integrated coal or coke gasification nitrogen fertilizer plant" means an integrated coal or coke gasification nitrogen fertilizer plant construction of which begins after December 31, 2005.
History: L. 2006, ch. 209, § 37; July 1.
(a) For the purpose of financing the construction of a new biomass-to-energy plant or expansion of an existing biomass-to-energy plant, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction or expansion, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from sales of fuels, energy and coproducts produced at the plant.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section:
(1) "Biomass-to-energy plant" has the meaning provided by K.S.A. 79-32,233, and amendments thereto.
(2) "Expansion of an existing biomass-to-energy plant" means expansion, beginning after December 31, 2005, of the capacity of an existing biomass-to-energy plant by at least 10% of such capacity.
(3) "New biomass-to-energy plant" means a biomass-to-energy plant, construction of which begins after December 31, 2005.
History: L. 2006, ch. 209, § 39; L. 2007, ch. 113, § 19; July 1.
(a) For the purpose of financing the construction of a new renewable electric cogeneration facility, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from cost savings attributable to the renewable electric cogeneration facility.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section, terms have the meanings provided in K.S.A. 79-32,245, and amendments thereto.
History: L. 2007, ch. 113, § 15; July 1.
(a) For the purpose of financing the construction, purchase and installation of a waste heat utilization system at an electric generation facility, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from sales of electricity generated by such generation facility.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section, "waste heat utilization system" means facilities and equipment for the recovery of waste heat generated in the process of generating electricity at an electric generation facility located in this state and the use of such heat to generate additional electricity or to produce fuels from renewable energy resources or technologies, as defined in K.S.A. 79-201, and amendments thereto.
History: L. 2007, ch. 113, § 16; July 1.
(a) For the purpose of financing the construction and installation of a renewable generator to be used by a school, as defined by K.S.A. 66-1,184, and amendments thereto, for parallel generation in accordance with K.S.A. 66-1,184, and amendments thereto, the Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the costs of such construction and installation, including any required interest on the bonds during construction and installation, plus all amounts required for costs of the bond issuance and for any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues derived from sales of electricity generated by the renewable generator pursuant to K.S.A. 66-1,184, and amendments thereto, or from any other revenues available to be pledged by the Kansas development finance authority for such purpose.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued hereunder shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
History: L. 2007, ch. 180, § 6; July 1.
There is hereby established within the Kansas development finance authority, a division of housing to be organized and administered by the Kansas development finance authority. The head of the division shall be the director of housing, who shall be appointed by and serve at the pleasure of the president of the Kansas development finance authority. The director of housing shall administer the division of housing.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 1; July 1.
(a) The division of housing within the department of commerce and housing and the undersecretary for housing within the department of commerce and housing created by K.S.A. 74-5002g, and amendments thereto, are hereby abolished. On the effective date of this order, the department of commerce and housing is hereby renamed the department of commerce, and the secretary of commerce and housing is hereby renamed the secretary of commerce.
(b) Except as otherwise provided by this order, all of the powers, duties and functions of the existing division of housing within the department of commerce and housing, and the existing undersecretary of housing within the department of commerce and housing, are hereby transferred to and imposed upon the division of housing within the Kansas development finance authority and the director of housing established by this order.
(c) Except as otherwise provided by this order, all of the powers, duties and functions of the department of commerce and housing and the secretary of commerce and housing that relate to housing and housing-related purposes are hereby transferred to and imposed upon the Kansas development finance authority and the president of the Kansas development finance authority.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 2; July 1.
(a) The division of housing within the Kansas development finance authority established by this order shall be the successor in every way to the powers, duties, and functions of the division of housing within the department of commerce and housing in which the same were vested prior to the effective date of this order and that are transferred pursuant to K.S.A. 74-8951. Every act performed in the exercise of such powers, duties and functions by or under the authority of the Kansas development finance authority or the director of housing within the Kansas development finance authority established by this order shall be deemed to have the same force and effect as if performed by the department of commerce and housing or the undersecretary of housing within the department of commerce and housing in which such powers, duties and functions were vested prior to the effective date of this order. Contracts related to housing functions shall be transferred to the extent they may be legally transferred or assigned.
(b) Whenever the division of housing of the department of commerce and housing, or words of like effect, are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of housing established by this order.
(c) Whenever the undersecretary for housing within the department of commerce and housing, or words of like effect, are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the director of housing established by this order.
(d) Whenever the department of commerce and housing or the secretary of commerce and housing, or words of like effect, are referred to or designated by a statute, contract or other document and such reference is in regard to any of the powers, duties, or functions transferred to the Kansas development finance authority pursuant to this order, such reference or designation shall be deemed to apply to the Kansas development finance authority and the president of the Kansas development finance authority.
(e) All rules and regulations, orders and directives of the secretary of the department of commerce and housing or the undersecretary for housing which relate to the functions transferred by this order and which are in effect on the effective date of this order shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the Kansas development finance authority and the director of housing until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 3; July 1.
(a) On the effective date of this order, the balances of all funds or accounts thereof appropriated or reappropriated for the department of commerce and housing relating to the powers and duties and functions transferred by this order are hereby transferred within the state treasury to the division of housing within the Kansas development finance authority and shall be used only for the purpose for which the appropriation was originally made.
(b) On the effective date of this order, liability for all accrued compensation or salaries of officers and employees who are transferred to the Kansas development finance authority under this order shall be assumed and paid by the division of housing within the Kansas development finance authority.
(c) The Kansas development finance authority shall keep separate records and accounts for the division of finance and the division of housing within the Kansas development finance authority. All expenses of the division of finance incurred in the performance of its duties and conducting its finance programs shall be payable from funds generated by or designated for the division of finance, and all expenses of the division of housing incurred in the performance of its duties and conducting its housing programs shall be payable from funds generated by or designated for the division of housing, including state appropriations. This system of separate records and accounts shall be in effect for such period as the Kansas development finance authority deems necessary and appropriate, and may also be subject to modification as the Kansas development finance authority deems necessary and appropriate.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 4; July 1.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of this order, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The Kansas development finance authority shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the Kansas development finance authority. Any conflict as to the proper disposition of property, personnel or records arising under this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 5; July 1.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this order, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected. The state shall remain the party in interest in any such action.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order, and the state shall remain the party in interest in any such action.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 6; July 1.
(a) All officers and employees of the division of housing within the department of commerce and housing who, immediately prior to the effective date of this order, are engaged in the exercise and performance of the powers, duties and functions transferred by this order are hereby transferred to and become employees of the Kansas development finance authority. All classified employees so transferred shall retain their status as classified employees. Thereafter, the Kansas development finance authority may convert vacant classified positions to positions that are not classified.
(b) Officers and employees of the division of housing of the department of commerce and housing transferred by this order shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs and abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed prior to the date of transfer by the division of housing within the department of commerce and housing.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 8; July 1.
(a) On and after July 1, 2003, there is hereby established within the Kansas development finance authority a division of housing the head of which shall be the director of housing. Under the supervision of the president of the Kansas development finance authority, the director of housing shall administer the division of housing.
(b) Subject to and in accordance with the provisions of K.S.A. 74-8901 et seq., and amendments thereto, the division of housing is hereby authorized and empowered to:
(1) Prepare, from time to time amend, and administer the state housing plan in accordance with criteria of the federal department of housing and urban development;
(2) serve as a clearinghouse and single point of contact for the state regarding information, programs, and resources related to affordable and accessible housing;
(3) provide access and management of federal housing programs for delivery to the citizens and businesses of Kansas;
(4) work with existing agencies, organizations, and social programs to assist in the development of affordable and accessible housing; and
(5) exercise such other powers and perform such other duties as may be prescribed by law.
(c) The division of housing shall prepare and submit to the governor and the legislature an annual report regarding administration of the state housing plan.
History: L. 1990, ch. 327, § 3; L. 2003, ch. 154, § 35; July 1.
Whenever the designation of a state agency is required by any federal act or program under which federal financial assistance is made available for housing or housing related purposes, the division of housing in the Kansas development finance authority shall serve as the officially designated state agency of Kansas and such division shall be responsible for exercising the powers and performing the functions and duties required of state agencies under such federal acts and programs.
History: L. 1990, ch. 327, § 2; L. 2003, ch. 154, § 36; July 1.
(a) There is hereby established in the state treasury the state housing trust fund. All moneys credited to the state housing trust fund shall be used for the purposes of housing programs and services including, but not limited to, the provision of financial programs for the repair, rehabilitation and improvement of existing residential housing, accessibility modifications, rental subsidies, the provision of housing services and assistance to persons having low or moderate income and disabled persons and costs and expenditures incurred in implementing K.S.A. 58-4217 through 58-4224, and amendments thereto, of the Kansas manufactured housing act.
(b) The state housing trust fund shall be administered by the division of housing in the Kansas development finance authority.
(c) The division of housing and the Kansas development finance authority are hereby authorized to apply for and receive available public or private grants, gifts and donations for the purposes of housing programs and services. All such grants, gifts and donations shall be remitted to the division of housing in the Kansas development finance authority.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the state housing trust fund interest earnings based on:
(1) The average daily balance of moneys in the state housing trust fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 1991, ch. 253, § 1; L. 1993, ch. 207, § 12; L. 1996, ch. 253, § 24; L. 2001, ch. 5, § 325; L. 2003, ch. 154, § 37; L. 2005, ch. 109, § 13; April 21.
(a) The Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the costs of energy conservation measures, as defined in K.S.A. 75-37,125, and amendments thereto, for or on behalf of federal entities for facilities located in the state, and to contract with federal entities with respect to such energy conservation measures and such revenue bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from: (1) Revenues derived from the use, lease, occupation or operation of the facilities for which such energy conservation measures are undertaken; (2) any other revenues, appropriations, grants or moneys of a federal entity available therefore; or (3) any combination thereof.
(b) The energy conservation measures, as defined in K.S.A. 75-37,125, and amendments thereto, for political subdivisions or state agencies are hereby authorized to be financed by the Kansas development finance authority pursuant to subsection (a) of K.S.A. 74-8905, and amendments thereto. The energy conservation measures for state facilities which are initiated by state agencies under K.S.A. 75-37,125, and amendments thereto, are hereby approved for such state agencies for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto. The total costs of energy conservation measures for state facilities initiated by state agencies under K.S.A. 75-37,125, and amendments thereto, for any fiscal year, exclusive of financing costs, shall not exceed the amounts approved for such energy conservation measures by the state corporation commission.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not be an obligation of the state of Kansas and shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued under this section and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) Any political subdivision, state agency or federal entity is authorized to contract or enter into a finance, pledge, loan or lease-purchase agreement with the Kansas development finance authority for an energy conservation measure, as defined in K.S.A. 75-37,125, and amendments thereto, in order to facilitate the financing thereof or to provide security for the repayment of bonds authorized under this section.
History: L. 2007, ch. 116, § 4; July 1.
(a) For the purpose of financing certain capital improvement projects the Kansas development finance authority is hereby authorized to issue one or more series of revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in an amount necessary to provide a deposit or deposits to the state general fund in a total amount not to exceed $8,000,000, plus all amounts required for costs of bond issuance, costs of insurance or credit enhancement, costs of interest on the bonds issued for such capital improvement projects during the construction of such project and any required reserves for the payment of principal and interest on the bonds, for capital improvement projects relating to certain transportation and utility and infrastructure facilities located in Wilson county, Kansas: Provided, That such capital improvement project is hereby approved for the Kansas department of administration for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto, and the authorization of the issuance of bonds by the Kansas development finance authority in accordance with those statutes: Provided further, That the department of administration may make expenditures from the moneys received from the issuance of any such bonds for such capital improvement projects: And provided further, That debt service for any such bonds shall be financed by transfers, by order of the secretary, from the state general fund or any appropriate special revenue fund or funds: And provided further, That the date of maturity on bonds issued pursuant to this section shall not be fixed for a period of time which exceeds twenty years from the date of issuance.
(b) The proceeds from the sale of any bonds, other than refunding bonds, issued pursuant to this section, after payment of any costs related to the issuance of such bonds, shall be used by the department of administration to finance the costs of capital improvements in Wilson county as authorized and requested by the secretary of the department of administration.
(c) The secretary of administration shall enter into an agreement with the Kansas development finance authority which provides that pursuant to any pledges and covenants the authority enters into with the holders of any bonds issued pursuant to the provisions of this section, that the department will not limit or alter the rights or powers vested in the Kansas development finance authority by this section, nor limit or alter the rights or powers of the authority, or the department of administration in any manner which would jeopardize the interest of the holders or any trustee of such holders or inhibit or prevent performance or fulfillment by the Kansas development finance authority or the department of administration with respect to the terms of any agreement made with the holders of bonds or agreements made pursuant to this section. The secretary of administration is hereby specifically authorized to include this pledge and covenant in any agreement with the Kansas development finance authority. The Kansas development finance authority is hereby specifically authorized to include this pledge and covenant in any bond resolution, trust indenture or agreement for the benefit of the holders of the bonds.
(d) Neither the state nor the department of administration shall have the power to pledge the full faith and credit or taxing power of the state of Kansas for such purposes and any payment by the department for such purpose shall be subject to and dependent on appropriations by the legislature. Any obligation of the state or the department for payment of debt service on bonds issued pursuant to this section shall not be considered a debt or obligation of the state for the purpose of section 6 of article 11 of the constitution of the state of Kansas.
(e) The department of administration may enter into loan agreements with Wilson county. The agreements shall provide for repayment by Wilson county of any and all moneys expended from the state general fund to pay debt service on any bonds issued by Kansas development finance authority pursuant to this section, including all costs of issuance paid from the state general fund. All moneys received pursuant to such agreements shall be deposited in the state treasury in accordance with provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the state general fund.
(f) The secretary of administration shall enter into pledge agreements with the Kansas development finance authority to pledge moneys for the payment of any bonds issued pursuant to this act.
(g) The activities of the secretary in administering and performing the powers, duties and functions prescribed by the provisions of this act are hereby approved for purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto, and the authorization of issuance of one or more series of revenue bonds by the Kansas development finance authority in accordance with the Kansas development finance act, K.S.A. 74-8901 et seq., and amendments thereto. The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto.
History: L. 2008, ch. 100, § 1; May 1.
There is hereby created in the state treasury the Wilson county capital improvements fund. The director of taxation shall administer the Wilson county capital improvements fund. In addition to any other source of moneys provided by law, any moneys received by the director of taxation from Wilson county or any other source for the purposes of the Wilson county capital improvements fund shall be deposited in the state treasury and credited to the fund. All expenditures from such fund shall be made to pay all costs associated with the special revenue bonds issued by the Kansas development finance authority pursuant to the provisions of K.S.A. 74-8961, and amendments thereto. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of taxation.
History: L. 2008, ch. 100, § 2; May 1.
(a) For the purpose of financing a capital improvement project relating to a national bio and agro defense facility, the Kansas development finance authority is hereby authorized to issue one or more series of revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in an amount necessary to provide a deposit or deposits to the bioscience development fund, which is hereby created in the state treasury and shall be administered by the department of administration in accordance with the provisions of this section and K.S.A. 74-8964 through 74-8967, and amendments thereto, in a total amount not to exceed $105,000,000, plus all amounts required for costs of bond issuance, costs of interest on the bonds issued for such capital improvement project during the construction of such project, cost of bond insurance or other credit enhancement for the bonds and any required reserves for the payment of principal and interest on the bonds, for a capital improvement project relating to a national bio and agro defense facility, including, but not limited to, land acquisition, site preparation, fencing, central utility plant facility construction and improvements, including electric, water and sewer utility infrastructure construction and equipment, lift stations, street grading, paving, graveling, macadamizing, curbing, guttering and surfacing, street light fixture connections and facilities, underground gas, water, heating and electrical services and connections, sidewalks and parking facilities, drives and driveway approaches, landscaping and plantings and related facilities and amenities to develop and finance the project. The provisions of this subsection shall not apply on and after July 1, 2013, through June 30, 2017.
(b) On and after the effective date of this act, prior to the issuance of any bonds pursuant to this section, the capital improvement project described in subsection (a) shall be approved for the department of administration for the purposes of K.S.A. 74-8905(b), and amendments thereto, and the authorization of the issuance of bonds by the Kansas development finance authority shall be approved by the Kansas development finance authority in accordance with K.S.A. 74-8901 et seq., and amendments thereto, and, for all bonds issued on or after the effective date of this act, shall be approved by the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto, except that such approval also may be given when the legislature is in session. The provisions of this subsection shall not apply on and after July 1, 2013, through June 30, 2017.
(c) On and after July 1, 2013, through June 30, 2017, for the purpose of financing a capital improvement project relating to a national bio and agro defense facility, the Kansas development finance authority is hereby authorized to issue one or more series of revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in an amount necessary to provide a deposit or deposits to the bioscience development fund, in a total amount not to exceed $307,000,000, plus all amounts required for costs of bond issuance, costs of interest on the bonds issued for such capital improvement project during the construction of such project, cost of bond insurance or other credit enhancement for the bonds and any required reserves for the payment of principal and interest on the bonds, for a capital improvement project relating to a national bio and agro defense facility, including, but not limited to, land acquisition, site preparation, fencing, facility construction and improvements, central utility plant facility construction and improvements, including electric, water and sewer utility infrastructure construction and equipment, lift stations, street grading, paving, graveling, macadamizing, curbing, guttering and surfacing, street light fixture connections and facilities, underground gas, water, heating and electrical services and connections, sidewalks and parking facilities, drives and driveway approaches, landscaping and plantings and related facilities and amenities to develop and finance the project.
(d) On and after July 1, 2013, through June 30, 2017, prior to the issuance of any bonds pursuant to subsection (c):
(1) The capital improvement project described in subsection (c) shall be approved for the department of administration for the purposes of K.S.A. 74-8905(b), and amendments thereto; and
(2) the authorization of the issuance of bonds by the Kansas development finance authority shall be approved by the:
(A) Kansas development finance authority in accordance with K.S.A. 74-8901 et seq., and amendments thereto; and
(B) state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto, except that such approval also may be given when the legislature is in session. Prior to the approval of the issuance of such bonds, except for any bonds that the state finance council has already approved prior to July 1, 2013, the state finance council shall have reviewed the signed contract from the United States department of homeland security for the construction of such capital improvement project and confirmed that such contract contains provisions that any additional costs or any change orders of such capital improvement project shall be paid by the United States department of homeland security and that construction will proceed in accordance with the provisions of such contract.
(e) The department of administration may only make expenditures from the moneys received from the issuance of any bonds pursuant to this section for those purposes set forth in subsection (a) for the capital improvement project.
(f) The debt service for any such bonds issued pursuant to this section shall be financed by appropriations from the state general fund or any appropriate special revenue fund or funds.
(g) The date of maturity on bonds issued pursuant to this section shall not be fixed for a period of time which exceeds 20 years from the date of issuance.
(h) The proceeds from the sale of any bonds, other than refunding bonds, issued pursuant to this section, after payment of any costs related to the issuance of such bonds, shall be paid by the Kansas development finance authority to the department of administration to be applied to the payment of the costs of the capital improvement project authorized pursuant to this section as requested by the secretary of administration and by resolution of the Kansas development finance authority.
History: L. 2008, ch. 27, § 1; L. 2011, ch. 103, § 1; L. 2013, ch. 136, § 267; L. 2015, ch. 104, § 238; July 1.
The state hereby pledges and covenants with the holders of any bonds issued pursuant to K.S.A. 74-8963, and amendments thereto, that it will not limit or alter the rights or powers vested in the Kansas development finance authority by K.S.A. 74-8963, and amendments thereto, nor limit or alter the rights or powers of the Kansas development finance authority, the department of administration or the Kansas bioscience authority in any manner which would jeopardize the interest of the holders or any trustee of such holders or inhibit or prevent performance or fulfillment by the Kansas development finance authority, the department of administration or the Kansas bioscience authority with respect to the terms of any agreement made with the holders of the bonds or agreements made pursuant to this section, except that the failure of the legislature to appropriate moneys for debt service on any bonds issued pursuant to K.S.A. 74-8963, and amendments thereto, shall not be deemed a violation of this pledge and covenant. The department of administration is hereby specifically authorized to include this pledge and covenant in any agreement with the Kansas development finance authority. The Kansas development finance authority is hereby specifically authorized to include this pledge and covenant in any bond resolution, trust indenture or agreement for the benefit of the holders of the bonds.
History: L. 2008, ch. 27, § 2; July 1.
Neither the state nor the department of administration shall have the power to pledge the full faith and credit or taxing power of the state for debt service on any bonds issued pursuant to K.S.A. 74-8963, and amendments thereto, and any payment by the department for such purpose shall be subject to and dependent on appropriations by the legislature. Any obligation of the state or the department for payment of debt service on bonds issued pursuant to K.S.A. 74-8963, and amendments thereto, shall not be considered a debt or obligation of the state for the purpose of section 6 of article 11 of the Kansas constitution.
History: L. 2008, ch. 27, § 3; July 1.
Subject to the provisions of appropriations acts, the secretary of administration shall enter into pledge agreements with the Kansas development finance authority to pledge moneys for the payment of bonds issued pursuant to K.S.A. 74-8963, and amendments thereto, which pledge shall be subject to the appropriation of moneys therefore.
History: L. 2008, ch. 27, § 4; July 1.
No payment of principal and interest on bonds issued pursuant to K.S.A. 74-8961, and amendments thereto, shall be made prior to July 1, 2009.
History: L. 2008, ch. 27, § 5; July 1.
Revisor's Note: Section transferred to 32-1410.
Revisor's Note: Section transferred to 32-1411.
Revisor's Note: Section transferred to 32-1412.
Revisor's Note: Section transferred to 32-1413.
History: L. 1997, ch. 171, § 3; L. 2003, ch. 154, § 88; Repealed, L. 2012, ch. 47, § 138; July 1.
(a) There is hereby established the Kansas sentencing commission.
(b) The commission shall:
(1) Develop a sentencing guideline model or grid based on fairness and equity and shall provide a mechanism for linking justice and corrections policies. The sentencing guideline model or grid shall establish rational and consistent sentencing standards which reduce sentence disparity, to include, but not be limited to, racial and regional biases which may exist under current sentencing practices. The guidelines shall specify the circumstances under which imprisonment of an offender is appropriate and a presumed sentence for offenders for whom imprisonment is appropriate, based on each appropriate combination of reasonable offense and offender characteristics. In developing its recommended sentencing guidelines, the commission shall take into substantial consideration current sentencing and release practices and correctional resources, including, but not limited to, the capacities of local and state correctional facilities. In its report, the commission shall make recommendations regarding whether there is a continued need for and what is the projected role of, if any, the prisoner review board and whether the policy of allocating good time credits for the purpose of determining an inmate's eligibility for parole or conditional release should be continued;
(2) consult with and advise the legislature with reference to the implementation, management, monitoring, maintenance and operations of the sentencing guidelines system;
(3) direct implementation of the sentencing guidelines system;
(4) assist in the process of training judges, county and district attorneys, court services officers, state parole officers, correctional officers, law enforcement officials and other criminal justice groups. For these purposes, the sentencing commission shall develop an implementation policy and shall construct an implementation manual for use in its training activities;
(5) receive presentence reports and journal entries for all persons who are sentenced for crimes committed on or after July 1, 1993, to develop post-implementation monitoring procedures and reporting methods to evaluate guideline sentences. In developing the evaluative criteria, the commission shall take into consideration rational and consistent sentencing standards which reduce sentence disparity to include, but not be limited to, racial and regional biases;
(6) advise and consult with the secretary of corrections and members of the legislature in developing a mechanism to link guidelines sentence practices with correctional resources and policies, including, but not limited to, the capacities of local and state correctional facilities. Such linkage shall include a review and determination of the impact of the sentencing guidelines on the state's prison population, review of corrections programs and a study of ways to more effectively utilize correction dollars and to reduce prison population;
(7) make recommendations relating to modification to the sentencing guidelines as provided in K.S.A. 21-6822, and amendments thereto;
(8) prepare and submit a fiscal impact and correctional resource statement as provided in K.S.A. 74-9106, and amendments thereto;
(9) make recommendations to those responsible for developing a working philosophy of sentencing guideline consistency and rationality;
(10) develop prosecuting standards and guidelines to govern the conduct of prosecutors when charging persons with crimes and when engaging in plea bargaining;
(11) analyze problems in criminal justice, identify alternative solutions and make recommendations for improvements in criminal law, prosecution, community and correctional placement, programs, release procedures and related matters including study and recommendations concerning the statutory definition of crimes and criminal penalties and review of proposed criminal law changes;
(12) perform such other criminal justice studies or tasks as may be assigned by the governor or specifically requested by the legislature, department of corrections, the chief justice or the attorney general;
(13) develop a program plan which includes involvement of business and industry in the public or other social or fraternal organizations for admitting back into the mainstream those offenders who demonstrate both the desire and ability to reconstruct their lives during their incarceration or during conditional release;
(14) appoint a task force to make recommendations concerning the consolidation of probation, parole and community corrections services;
(15) produce official inmate population projections annually on or before six weeks following the date of receipt of the data from the department of corrections. When the commission's projections indicate that the inmate population will exceed available prison capacity within two years of the date of the projection, the commission shall identify and analyze the impact of specific options for: (A) Reducing the number of prison admissions; or (B) adjusting sentence lengths for specific groups of offenders. Options for reducing the number of prison admissions shall include, but not be limited to, possible modification of both sentencing grids to include presumptive intermediate dispositions for certain categories of offenders. Intermediate sanction dispositions shall include, but not be limited to: Intensive supervision; short-term jail sentences; halfway houses; community-based work release; electronic monitoring and house arrest; substance abuse treatment; and pre-revocation incarceration. Intermediate sanction options shall include, but not be limited to, mechanisms to explicitly target offenders that would otherwise be placed in prison. Analysis of each option shall include an assessment of such option's impact on the overall size of the prison population, the effect on public safety and costs. In preparing the assessment, the commission shall review the experience of other states and shall review available research regarding the effectiveness of such option. The commission's findings relative to each sentencing policy option shall be presented to the governor and the joint committee on corrections and juvenile justice oversight no later than November 1;
(16) at the request of the governor or the J. Russell (Russ) Jennings joint committee on corrections and juvenile justice oversight, initiate and complete an analysis of other sentencing policy adjustments not otherwise evaluated by the commission;
(17) develop information relating to the number of offenders on postrelease supervision and subject to electronic monitoring for the duration of the person's natural life;
(18) determine the effect the mandatory sentencing established in K.S.A. 21-4642 and 21-4643, prior to their repeal, or K.S.A. 21-6626 and 21-6627, and amendments thereto, would have on the number of offenders civilly committed to a treatment facility as a sexually violent predator as provided pursuant to K.S.A. 59-29a01 et seq., and amendments thereto;
(19) assume the designation and functions of the state statistical analysis center. All criminal justice agencies, as defined in K.S.A. 22-4701(c), and amendments thereto, shall provide any data or information, including juvenile offender information, requested by the commission to facilitate the function of the state statistical analysis center;
(20) subject to the provisions of appropriation acts and the availability of funds therefor, produce official juvenile correctional facility population projections annually on or before November 1, not more than six weeks following the receipt of the data from the secretary of corrections and develop bed impacts regarding legislation that may affect juvenile correctional facility population;
(21) be authorized to make statewide supervision and placement cutoff decisions based upon the risk levels and needs of the offender. The commission shall periodically review data and make recommended changes;
(22) determine the impact and effectiveness of supervision and sanctions for felony offenders regarding recidivism and prison and community-based supervision populations; and
(23) gather data and information from any state agency to carry out the duties and functions described in this section. Unless otherwise prohibited by law, all state agencies shall provide any data or information requested by the commission to carry out such duties and functions. As used in this paragraph, "state agency" means any state office, officer, department, board, commission, institution, bureau, agency, or authority or any division or unit thereof.
History: L. 1989, ch. 225, § 1; L. 1992, ch. 239, § 284; L. 1993, ch. 291, § 246; L. 1997, ch. 179, § 4; L. 2006, ch. 212, § 21; L. 2007, ch. 77, § 1; L. 2008, ch. 58, § 1; L. 2008, ch. 169, § 22; L. 2011, ch. 30, § 260; L. 2012, ch. 16, § 30; L. 2013, ch. 76, § 8; L. 2017, ch. 79, § 4; L. 2023, ch. 21, § 3; July 1.
(a) The Kansas sentencing commission shall consist of 17 members, as follows:
(1) The chief justice of the supreme court or the chief justice's designee;
(2) two district court judges appointed by the chief justice of the supreme court;
(3) the attorney general or the attorney general's designee;
(4) one public defender appointed by the governor;
(5) one private defense counsel appointed by the governor;
(6) one county attorney or district attorney appointed by the governor;
(7) the secretary of corrections or the secretary's designee;
(8) the chairperson of the prisoner review board or such chairperson's designee;
(9) two members of the general public, at least one of whom shall be a member of a racial minority group, appointed by the governor;
(10) a director of a community corrections program appointed by the governor; and
(11) a court services officer appointed by the chief justice of the supreme court. Not more than three members of the commission appointed by the governor shall be of the same political party.
(b) In addition to the members appointed pursuant to subsection (a), four members of the legislature shall serve as voting members of the commission. Such members shall be appointed as follows: One shall be appointed by the president of the senate, one shall be appointed by the minority leader of the senate, one shall be appointed by the speaker of the house of representatives and one shall be appointed by the minority leader of the house of representatives.
(c) The governor shall appoint a chairperson from the two district court judges appointed by the chief justice of the supreme court or the chief justice of the supreme court. The members of the commission appointed pursuant to subsection (a) shall elect any additional officers from among its members necessary to discharge its duties.
(d) The commission shall meet upon call of its chairperson as necessary to carry out its duties under this act.
(e) Each appointed member of the commission shall be appointed for a term of two years and shall continue to serve during that time as long as the member occupies the position which made the member eligible for the appointment. Each member shall continue in office until a successor is appointed and qualifies. Members shall be eligible for reappointment, and appointment may be made to fill an unexpired term.
(f) Each member of the commission shall receive compensation, subsistence allowances, mileage and other expenses as provided for in K.S.A. 75-3223, and amendments thereto, except that the public members of the commission shall receive compensation in the amount provided for legislators pursuant to K.S.A. 75-3212, and amendments thereto, for each day or part thereof actually spent on commission activities.
History: L. 1989, ch. 225, § 2; L. 1997, ch. 179, § 5; L. 1998, ch. 32, § 1; L. 2012, ch. 16, § 31; July 1.
The Kansas sentencing commission shall appoint an executive director and such staff as is necessary to perform such duties as directed by the commission. The staff of the commission shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the commission with the approval of the governor. The staff shall receive reimbursement of all actual and necessary expenses incurred in the performance of its official duties.
History: L. 1989, ch. 225, § 3; April 27.
The Kansas sentencing commission shall submit its interim report and proposed guidelines to the legislature on or before February 1, 1990. A final report and recommended guidelines shall be submitted on the commencement of the 1991 legislative session.
History: L. 1989, ch. 225, § 4; April 27.
In addition to its duties under K.S.A. 74-9101 and 74-9104, the Kansas sentencing commission shall receive, administer and expend any funds available to carry out the purposes of this act.
History: L. 1989, ch. 225, § 5; April 27.
When requested by the chairperson of a special or standing committee of the legislature, a fiscal impact and correctional resource statement shall be provided for bills amending any current crime or creating a new crime under the laws of the state of Kansas. The Kansas sentencing commission shall provide to the committee or committees to which such bill was referred a statement explaining the fiscal impact and effect on the utilization of correctional resources of such bill. The fiscal impact and correctional resources statement shall include a reliable estimate in dollars of the anticipated expenditures and change in utilization of correctional resources necessary to carry out the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. Every agency and department of the state is directed to fully cooperate with the commission in preparation of any such statement. No comment or opinion shall be included in such statement regarding the merits of the measure for which the statement is prepared.
History: L. 1992, ch. 239, § 297; L. 1993, ch. 291, § 248; July 1.
(a) There is hereby established the Kansas film services commission. The commission shall consist of 19 voting members as follows:
(1) One member of the senate appointed by the president of the senate;
(2) one member of the senate appointed by the minority leader of the senate;
(3) one member of the house of representatives appointed by the speaker of the house of representatives;
(4) one member of the house of representatives appointed by the minority leader of the house of representatives; and
(5) fifteen members appointed by the governor.
(b) Of the members appointed by the governor, one shall be appointed from each United States congressional district. All members appointed by the governor shall be appointed for terms of three years, except that of the members first appointed, five shall be appointed for one-year terms, five shall be appointed for two-year terms and five shall be appointed for three-year terms. The governor shall designate the term for which each of the members first appointed shall serve.
(c) In addition to the voting members of the commission, six members of the commission shall serve ex officio: The secretary of commerce, the secretary of transportation, the secretary of wildlife and parks, the secretary of health and environment, the executive director of the Kansas arts commission and the secretary of the state historical society. Each ex officio member of the commission may designate an officer or employee of the state agency of the ex officio member to serve on the commission in place of the ex officio member. The ex officio members of the commission, or their designees, shall be nonvoting members of the commission and shall provide information and advice to the commission. In addition to the voting and ex officio members of the commission, the governor may appoint such number of representatives of the film industry to nonvoting membership on the commission as may be recommended by the secretary of commerce.
(d) Legislative members shall be appointed for terms coinciding with the terms for which such members are elected. All members appointed to fill vacancies in the membership of the commission and all members appointed to succeed members appointed to membership on the commission shall be appointed in like manner as that provided for the original appointment of the member succeeded. All members appointed to fill vacancies of a member of the commission appointed by the governor shall be appointed to fill the unexpired term of such member.
(e) The members of the commission shall elect annually a chairperson and vice-chairperson for the commission from among its members. The commission shall meet at least four times each year at the call of the chairperson of the commission. Ten voting members of the commission shall constitute a quorum.
(f) Members of the commission who are not legislators shall receive mileage, tolls and parking as provided in K.S.A. 75-3223, and amendments thereto, for attendance at any meeting of the commission or any subcommittee meeting authorized by the commission. Legislative members of the commission shall be paid amounts provided in K.S.A. 75-3223(e), and amendments thereto, for attendance at any meeting of the commission or any subcommittee meeting authorized by the commission.
History: L. 1990, ch. 267, § 1; L. 2001, ch. 116, § 1; L. 2003, ch. 154, § 89; L. 2005, ch. 89, § 1; L. 2012, ch. 47, § 112; L. 2023, ch. 7, § 126; July 1.
History: L. 1990, ch. 267, § 2; L. 2005, ch. 89, § 2; Repealed, L. 2012, ch. 111, § 12; July 1.
As used in this act, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
(a) The acronym "INK" shall mean the information network of Kansas, Inc., created by K.S.A. 74-9303, or, if INK shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to INK shall be given by law.
(b) The word "gateway" shall mean any centralized electronic information system by which public information shall be provided via dial-in modem or continuous link to the public through subscription or through public libraries.
(c) The term "public information" shall mean any information stored, gathered or generated in electronic or magnetic form by the state of Kansas, its agencies or instrumentalities, which is included within the information deemed to be public pursuant to the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto.
(d) The word "agency" shall mean any agency or instrumentality of the state of Kansas which stores, gathers or generates public information.
(e) The term "network manager" shall mean the entity or person engaged to manage and run the gateway or network on behalf of INK.
(f) The term "user association" shall mean an association:
(1) Whose membership is identifiable by regular payment of association dues and regularly maintained membership lists;
(2) which is registered with the state or is a Kansas corporation;
(3) which exists for the purpose of advancing the common occupation or profession of its membership; and
(4) which, after the appointment of the initial board of INK, regularly promotes and encourages the subscription of its members to the gateway service provided by INK.
History: L. 1990, ch. 266, § 1; L. 1990, ch. 274, § 1; May 17.
It shall be the purpose of INK to perform the following duties:
(a) Provide electronic access for members of the public to public information of agencies via a gateway service;
(b) develop a dial-in gateway or electronic network for access to public information;
(c) provide appropriate oversight of any network manager;
(d) explore ways and means of expanding the amount and kind of public information provided, increasing the utility of the public information provided and the form in which provided, expanding the base of users who access such public information and, where appropriate, implementing such changes;
(e) cooperate with the office of information technology services in seeking to achieve the purposes of INK;
(f) explore technological ways and means of improving citizen and business access to public information and, where appropriate, implement such technological improvements; and
(g) explore options of expanding such network and its services to citizens and businesses by providing add-on services such as access to other for-profit information and databases and by providing electronic mail and calendaring to subscribers.
History: L. 1990, ch. 266, § 2; L. 2013, ch. 62, § 7; July 1.
(a) There is hereby created a body politic and corporate to be known as the information network of Kansas, Inc. INK is hereby constituted as a public instrumentality and the exercise by INK of the authority and powers conferred by this act shall be deemed and held to be the performance of an essential governmental function.
(b) INK shall be governed by a board consisting of nine members as follows:
(1) The secretary of state;
(2) two members who are chief executive officers of agencies of the executive branch, appointed by the governor who shall serve at the pleasure of the governor;
(3) one member appointed by the governor from a list of three Kansas bar association members submitted by such association. Such member shall serve a three-year term;
(4) three members from other user associations of a statewide character appointed by the governor from a list of not less than nine individuals and their respective user associations compiled by the board of INK and submitted to the governor. No two members appointed pursuant to this paragraph shall represent the same user association. The terms for such members shall be for a period of three years, except initially, when the terms shall be for one, two and three years, respectively;
(5) one member appointed by the governor from a list submitted by the president of the Kansas public libraries association and comprised of three librarians employed by public libraries. Following the initial appointment hereunder, such list shall be comprised of librarians of public libraries which subscribe to INK. Such member shall serve a three-year term; and
(6) the executive chief information technology officer.
(c) The board shall annually elect one member from the board as chairperson of INK, another as vice-chairperson and another as secretary.
(d) Five members of the board shall constitute a quorum and the affirmative vote of five members shall be necessary for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
History: L. 1990, ch. 266, § 3; L. 1990, ch. 274, § 2; L. 2013, ch. 62, § 8; July 1.
(a) In order to achieve its purpose as provided in this act, INK shall:
(1) Serve in an advisory capacity to the secretary of administration, office of information technology services and other state agencies regarding the provision of state data to the citizens and businesses of Kansas;
(2) seek advice from the general public, its subscribers, professional associations, academic groups and institutions and individuals with knowledge of and interest in areas of networking, electronic mail, public information access, gateway services, add-on services and electronic filing of information; and
(3) develop charges for the services provided to subscribers, which include the actual costs of providing such services.
(b) All state agencies shall cooperate with INK in providing such assistance as may be requested for the achievement of its purpose. Agencies may recover actual costs incurred by providing such assistance. Services and information to be provided by any agency shall be specified pursuant to contract between INK and such agency and shall comply with the provisions of K.S.A. 45-215 et seq. and K.S.A. 45-230, and amendments thereto.
History: L. 1990, ch. 266, § 4; L. 1990, ch. 274, § 3; L. 2003, ch. 126, § 4; L. 2013, ch. 62, § 9; July 1.
(a) INK shall hire a network manager, which may be either a person or a company or corporation. INK shall draw criteria and specifications in consultation with the division of information services and communications for such a network manager and its duties. INK may negotiate and enter into an employment agreement with the network manager selected which may provide for such duties, responsibilities and compensation as may be provided for in such agreement.
(b) The network manager shall direct and supervise the day-to-day operations and expansion of such gateway and network, including the initial phase of operations necessary to make such gateway operational, and:
(1) May employ, supervise and terminate such other employees of INK as designated by INK;
(2) shall attend meetings of INK;
(3) shall keep a record of all gateway, network and related operations of INK, which records shall be the property of INK, and shall maintain and be a custodian of all financial and operational records, documents and papers filed with INK; and
(4) shall yearly update and revise the business plan of INK, in consultation with and under the direction of INK.
(c) INK is hereby authorized to negotiate and enter into contracts for professional consulting, research and other services.
(d) INK may accept gifts, donations and grants.
(e) INK shall not be subject to state purchasing laws.
History: L. 1990, ch. 266, § 5; April 12.
The office of information technology services shall provide to INK such staff and other assistance as may be requested thereby, and the actual costs of such assistance shall be paid for by INK.
History: L. 1990, ch. 266, § 6; L. 2012, ch. 65, § 24; L. 2013, ch. 62, § 17; July 1.
(a) INK shall fund its operations from revenues generated from subscribers, and from money, goods or in-kind services donated from private sources. Initial funding for start-up costs shall be obtained from private donations.
(b) The provisions of article 32 of chapter 75 of the Kansas Statutes Annotated, any acts amendatory thereof or supplemental thereto, and any rules and regulations adopted thereunder, shall not apply to officers or employees of INK. Subject to policies established by the board of INK, the chairperson of INK or the chairperson's designee shall be authorized to approve all travel and travel expenses of such officers and employees.
(c) Nothing in this act shall be construed as placing any officer or employee of INK in the classified service or unclassified service under the Kansas civil service act.
History: L. 1990, ch. 266, § 7; L. 1995, ch. 255, § 11; December 17.
All moneys received by INK from gifts, donations, grants or any other source outside the state treasury may be deposited in the state treasury and credited to the information network of Kansas fund or may be maintained in interest-bearing accounts in Kansas banks or Kansas savings and loan associations until expended or otherwise disposed of pursuant to this act.
History: L. 1990, ch. 266, § 8; April 12.
This act may be cited as and shall be known as the information network of Kansas act.
History: L. 1990, ch. 266, § 9; April 12.
History: L. 1991, ch. 254, §§ 1 to 8; Expired, July 1, 1994.
(a) There is hereby established the Kansas criminal justice coordinating council.
(b) The council shall consist of the governor or designee, the chief justice of the supreme court or designee, the attorney general or designee, the secretary of corrections, the superintendent of the highway patrol, the commissioner of juvenile justice and the director of the Kansas bureau of investigation.
(c) The governor shall designate staff to the Kansas criminal justice coordinating council. The staff shall attend all meetings of the council, be responsible for keeping a record of council meetings, prepare reports of the council and perform such other duties as directed by the council.
(d) The council shall elect a chairperson and vice-chairperson from among the members of the council.
(e) The council shall:
(1) Appoint a standing local government advisory group to consult and advise the council concerning local government criminal justice issues and the impact of state criminal justice policy and decisions on local units of government. The advisory group shall consist of a sheriff, chief of police, county or district attorney, a member of a city governing body and a county commissioner. Appointees to such advisory group shall serve without compensation or reimbursement for travel and subsistence or any other expenses.
(2) Define and analyze issues and processes in the criminal justice system, identify alternative solutions and make recommendations for improvements.
(3) Perform such criminal justice studies or tasks as requested by the governor, the attorney general, the legislature or the chief justice, as deemed appropriate or feasible by the council.
(4) Oversee development and management of a criminal justice database. All criminal justice agencies as defined in subsection (c) of K.S.A. 22-4701, and amendments thereto, and the juvenile justice authority shall provide any data or information, including juvenile offender information which is requested by the council, in a form and manner established by the council, in order to facilitate the development and management of the criminal justice council database.
(5) Develop and oversee reporting of all criminal justice federal funding available to the state or local units of government including assuming the designation and functions of administering the United States bureau of justice assistance grants.
(6) Form such task groups as necessary and appoint individuals who appropriately represent law enforcement, the judiciary, legal profession, state, local, or federal government, the public, or other professions or groups as determined by the council, to represent the various aspects of the issue being analyzed or studied, when analyzing criminal justice issues and performing criminal justice studies. Members of the legislature may be appointed ex officio members to such task groups. A member of the council shall serve as the chairperson of each task group appointed by the council. The council may appoint other members of the council to any task group formed by the council.
(7) Review reports submitted by each task group named by the council and shall submit the report with the council's recommendations pertaining thereto to the governor, the attorney general, the chief justice of the supreme court, the chief clerk of the house of representatives and the secretary of the senate.
(8) (A) Establish the substance abuse policy board to consult and advise the council concerning issues and policies pertaining to the treatment, sentencing, rehabilitation and supervision of substance abuse offenders. The board shall specifically analyze and study driving under the influence and the use of drug courts by other states.
(B) The substance abuse policy board shall consist of the secretary of corrections, the commissioner of juvenile justice, the secretary for aging and disability services, the director of the Kansas bureau of investigation, the chief justice of the supreme court or the chief justice's designee, a member of the Kansas sentencing commission, a prosecutor appointed by the Kansas county and district attorneys association, and two persons appointed by the Kansas association of addiction professionals. Of the persons appointed by the Kansas association of addiction professionals, one shall be an addiction counselor and the other shall be a professional program administrator.
(C) Each member of the board shall receive compensation, subsistence allowances, mileage and other expenses as provided for in K.S.A. 75-3223, and amendments thereto, except that the public members of the board shall receive compensation in the amount provided for legislators pursuant to K.S.A. 75-3212, and amendments thereto, for each day or part thereof actually spent on board activities. No per diem compensation shall be paid under this subsection to salaried state, county or city officers or employees.
(D) The substance abuse policy board shall elect a chairperson from its membership and shall meet upon the call of its chairperson as necessary to carry out its duties.
(E) Each appointed member of the substance abuse policy board shall be appointed for a term of two years and shall continue to serve during that time as long as the member occupies the position which made the member eligible for the appointment. Each member shall continue in office until a successor is appointed and qualifies. Members shall be eligible for reappointment, and appointment may be made to fill an unexpired term.
(F) The board shall submit its reports to the criminal justice coordinating council and to the governor, the attorney general, the chief justice of the supreme court, the chief clerk of the house of representatives and the secretary of the senate.
History: L. 1994, ch. 315, § 1; L. 1996, ch. 229, § 127; L. 1997, ch. 156, § 87; L. 2004, ch. 160, § 6; L. 2006, ch. 214, § 14; L. 2007, ch. 77, § 2; L. 2008, ch. 183, § 9; L. 2014, ch. 115, § 312; July 1.
K.S.A. 74-9601 to 74-9606 shall be known and may be cited as the Kansas guardianship program act.
History: L. 1995, ch. 189, § 1; April 27.
It is the intent of the legislature to provide a means to recruit volunteers to serve as court appointed guardians or conservators, or both, of adults who are found by the court to be in need of this level of protection.
The goal of the program is to provide that qualified, caring, willing and trained persons are available throughout the state to serve as court appointed guardians or conservators, or both, for those eligible disabled persons in need of this level of protection and advocacy, and for non-adjudicated persons who elect to have a voluntary conservator and who do not have family members capable of or willing to assume such responsibilities.
History: L. 1995, ch. 189, § 2; L. 1996, ch. 77, § 4; July 1.
(a) There is hereby created a body politic and corporate to be known as the Kansas guardianship program, a partnership involving the state of Kansas and its citizen volunteers to assist certain adults legally determined to be unable to manage for themselves. The Kansas guardianship program is hereby constituted a public instrumentality and the exercise of the authority and powers conferred by this act shall be deemed and held to be the performance of an essential governmental function. The corporation shall be governed by a board of directors who shall be residents of this state.
(b) The board of directors of the Kansas guardianship program shall:
(1) employ staff necessary to administer the programs of the Kansas guardianship program, establish administrative and accounting procedures for the operation of the corporation and enter into contracts as may be necessary under this act;
(2) accept and receive grants, gifts or donations from any public or private entity in support of programs developed by the Kansas guardianship program;
(3) report on the corporation's activities to the governor, the legislature, the judiciary and the public on or before February 1 of each year;
(4) enter into contracts necessary, as the board deems appropriate; and
(5) adopt bylaws for the corporation.
History: L. 1995, ch. 189, § 3; April 27.
(a) The board of directors of the Kansas guardianship program shall consist of seven members as follows:
(1) The chief justice of the supreme court or the chief justice's designee; and
(2) six residents of the state appointed by the governor at least one of whom is serving as a volunteer in the Kansas guardianship program.
(b) Members appointed pursuant to subsection (a) shall have knowledge and interest in issues relating to guardianship and conservatorship and the needs of adults adjudicated disabled.
(c) Members of the board of directors appointed pursuant to subsection (a) shall serve for terms of four years, except that the members first appointed by the governor and the chief justice of the supreme court shall serve for terms of two years. Upon the expiration of the terms of the members first appointed by the governor, the governor shall appoint three members to serve for terms of two years and three members to serve for terms of four years. Thereafter, the governor shall appoint members to serve for terms of four years. Any vacancy in a member's term shall be filled by appointment for the unexpired term by the officer who made the original appointment.
(d) The chairperson of the board of directors shall be elected annually by the board from among its members. The board of directors shall meet upon the call of the chairperson.
(e) Members of the board of directors shall serve without pay and no financial benefit shall accrue as a result of membership on the board of directors.
History: L. 1995, ch. 189, § 4; L. 1996, ch. 77, § 5; July 1.
(a) The board of directors of the Kansas guardianship program shall employ a person to serve as executive director who shall direct and supervise the general management of the corporation. The executive director shall employ persons needed to perform duties of the Kansas guardianship program as directed by the board of directors.
(b) Employees of the Kansas guardianship program shall not be considered to be state employees except that such employees may participate in the Kansas public employees retirement system. Employees of the Kansas guardianship program shall not be considered to be state employees, except for the purposes specified in this subsection (b). The executive chief information technology officer shall extend the use of state intercity telecommunications facilities and services under control of the executive chief information technology officer pursuant to K.S.A. 75-4709, and amendments thereto, to the Kansas guardianship program. The Kansas guardianship program shall be considered to be a state agency only for the purposes specified in this subsection.
(c) The provisions of article 32 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, and any rules and regulations adopted thereunder, shall not apply to officers or employees of the Kansas guardianship program. Subject to policies established by the Kansas guardianship program, the chairperson of the board of directors or the chairperson's designee shall approve all travel and travel expenses of such officers and employees.
History: L. 1995, ch. 189, § 5; L. 2013, ch. 62, § 10; July 1.
(a) All state appropriations to the Kansas guardianship program shall remain in the state treasury until expended by the agency pursuant to the guardianship program act.
(b) The executive director of the Kansas guardianship program shall provide a monthly report on the expenditure of all funds to the board of directors. The board of directors shall be responsible for an annual audit of all financial records by an independent certified public accountant.
History: L. 1995, ch. 189, § 6; April 27.
History: L. 1995, ch. 233, §§ 1 to 4; Expired, December 30, 1998.
K.S.A. 74-9801 through 74-9809 shall be known and may be cited as the tribal gaming oversight act.
History: L. 1996, ch. 256, § 1; July 1.
As used in the tribal gaming oversight act:
(a) "Class III gaming" means all tribal gaming activities defined as class III gaming by the Indian gaming regulatory act (25 U.S.C. 2701 et seq.), as in effect on the effective date of this act.
(b) "Employee" means a person who has applied for a position of employment or is currently employed by the state gaming agency.
(c) "Executive director" means the executive director of the state gaming agency.
(d) "Licensee" means a person who has submitted an application for licesure or currently holds a license in tribal gaming issued pursuant to a tribal-state gaming compact.
(e) "Tribal gaming" means any class III gaming conducted pursuant to a tribal-state gaming compact. "Tribal gaming" does not include games on video lottery machines, as defined by K.S.A. 74-8702, and amendments thereto, that the Kansas lottery is prohibited from conducting under K.S.A. 74-8704, and amendments thereto.
(f) "Tribal gaming commission" means a commission created by a native American tribe in accordance with a tribal-state gaming compact.
(g) "Tribal gaming facility" means a facility where tribal gaming is conducted or operated.
(h) "Tribal-state gaming compact" means a compact entered into between the state of Kansas and the Iowa Tribe of Kansas and Nebraska, the Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas, the Prairie Band Potawatomi Nation in Kansas or the Sac and Fox Nation of Missouri in Kansas and Nebraska with respect to the tribe's authority to engage in class III gaming on the tribe's reservation property in the state of Kansas.
History: L. 1996, ch. 256, § 2; L. 2024, ch. 15, § 83; July 1.
(a) The state gaming agency is hereby transferred from the department of commerce and housing, designated by Executive Order No. 95-177 as the state gaming agency, and is attached to and made a part of the Kansas racing and gaming commission. The budget of the state gaming agency, the number and qualifications of employees of the state gaming agency and expenditures by the state gaming agency for expenses of dispute resolution pursuant to a tribal-state gaming compact shall be subject to approval by the Kansas racing and gaming commission. All other management functions of the state gaming agency shall be administered by the executive director. All vouchers for expenditures and all payrolls of the state gaming agency shall be approved by the executive director or a person designated by the executive director.
(b) Nothing in this act shall be construed as abolishing or reestablishing the state gaming agency.
History: L. 1996, ch. 256, § 3; July 1.
(a) (1) The governor shall appoint, subject to confirmation by the senate as provided by K.S.A. 75-4315b, and amendments thereto, an executive director of the state gaming agency, to serve at the pleasure of the governor. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as executive director shall exercise any power, duty or function as executive director until confirmed by the senate. Before appointing any person as executive director, the governor shall cause the Kansas bureau of investigation to conduct a criminal history record check and background investigation of the person in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto.
(2) The executive director shall: (A) Be in the unclassified service under the Kansas civil service act; (B) devote full time to the executive director's assigned duties; (C) be a citizen of the United States and an actual resident of Kansas during employment as executive director; (D) not have been convicted of a felony under the laws of any state or of the United States prior to or during employment; and (E) have familiarity with gaming industries sufficient to fulfill the duties of the office of executive director.
(3) The executive director shall: (A) Determine, subject to the approval of the Kansas racing and gaming commission, the number and qualifications of employees necessary to implement and enforce the provisions of tribal-state gaming compacts and the provisions of the tribal gaming oversight act; (B) employ persons for those positions; and (C) perform such other duties as required by tribal-state gaming compacts.
(b) (1) The executive director may appoint a director of enforcement and compliance to serve at the pleasure of the executive director. Before appointing any person as director of enforcement and compliance, the executive director shall cause the Kansas bureau of investigation to conduct a criminal history record check and background investigation of the person.
(2) The director of enforcement and compliance shall: (A) Be in the unclassified service under the Kansas civil service act; (B) devote full time to the director's assigned duties; (C) receive such compensation as determined by the executive director, subject to the limitations of appropriations therefor; (D) be a citizen of the United States and an actual resident of Kansas during employment as director of enforcement and compliance; (E) not have been convicted of a felony under the laws of any state or of the United States prior to and during employment as director of compliance; and (F) have been a professional law enforcement officer with a minimum of five years' experience in the field of law enforcement and at least a bachelor's degree in law enforcement administration, law, criminology or a related science or, in lieu thereof, a minimum of 10 years' experience in the field of law enforcement.
(3) The director of enforcement and compliance shall: (A) Be vested with law enforcement authority;
(B) conduct investigations relating to compliance with the provisions of tribal-state gaming compacts and the provisions of the tribal gaming oversight act;
(C) recommend proper compliance measures to tribal gaming commissions;
(D) train and supervise such personnel as employed by the executive director to assist with such duties; and
(E) perform such other duties as directed by the executive director.
(c) (1) The executive director may appoint enforcement agents. Before appointing any person as an enforcement agent, the executive director shall cause the Kansas bureau of investigation to conduct a criminal history record check and background investigation of the person.
(2) Each enforcement agent shall: (A) Be vested with law enforcement authority;
(B) be in the classified service under the Kansas civil service act;
(C) not have been convicted of a felony under the laws of any state or of the United States prior to or during employment as enforcement agent; and
(D) be a professional law enforcement officer with a minimum of two years' experience in the field of law enforcement or, in lieu thereof, a bachelor's degree from an accredited university or college.
(3) Enforcement agents shall: (A) Conduct investigations relating to compliance with the provisions of tribal-state gaming compacts or the provisions of the tribal gaming oversight act; and (B) perform such other duties as directed by the executive director or the director of enforcement and compliance.
History: L. 1996, ch. 256, § 4; L. 1998, ch. 178, § 8; L. 2008, ch. 121, § 16; L. 2024, ch. 15, § 84; July 1.
(a) The state gaming agency shall be responsible for oversight of class III gaming conducted pursuant to tribal-state compacts and, as such, shall monitor compliance with tribal-state gaming compacts and perform the duties of the state gaming agency as provided by tribal-state gaming compacts.
(b) The state gaming agency may examine and inspect all tribal gaming facilities and facilities linked to Kansas tribal gaming facilities for gaming, including but not limited to all machines and equipment used for tribal gaming.
(c) The state gaming agency may examine, or cause to be examined by any agent or representative designated by the executive director, any books, papers, records, electronic records, computer records or surveillance and security tapes and logs of any tribal gaming facility in accordance with tribal-state gaming compacts.
(d) The executive director may issue subpoenas to compel access to or for the production of any books, papers, records, electronic records, computer records or surveillance and security tapes and logs in the custody or control of a tribal gaming facility or any officer, employee or agent of a tribal gaming facility, or to compel the appearance of any officer, employee or agent of a tribal gaming facility, for the purpose of ascertaining compliance with any of the provisions of a tribal-state gaming compact or the tribal gaming oversight act. Subpoenas issued pursuant to this subsection may be served upon individuals and corporations in the same manner provided in K.S.A. 60-304, and amendments thereto for the service of process by any officer authorized to serve subpoenas in civil actions or by the executive director or an agent or representative designated by the executive director. In the case of the refusal of any person to comply with any such subpoena, the executive director may make application to any court of competent jurisdiction.
(e) The state gaming agency may institute the dispute resolution procedure, in accordance with a tribal-state gaming compact, to ensure production of the documents required by the tribal-state gaming compact and to ensure compliance with all provisions of the compact.
(f) The state gaming agency shall monitor, examine and inspect tribal gaming to ensure that tribal gaming is conducted in compliance with tribal-state gaming compacts.
(g) The state gaming agency shall review all licensing and disciplinary actions taken by tribal gaming commissions or any party involved in the tribal gaming and assess if the action complies with the terms of the applicable tribal-state gaming compact.
(h) The executive director, or a designated employee, shall report any substantial noncompliance with a tribal-state gaming compact to the governor.
(i) The state gaming agency may negotiate a resolution between any tribe conducting or operating tribal gaming and any local or county governmental entity regarding the allocation or payment of additional expenses or costs incurred by the governmental entity as a result of tribal gaming, as provided by the applicable tribal-state gaming compacts.
(j) The state gaming agency may adopt background investigation and fingerprinting policies or procedures in accordance with the terms of tribal-state gaming compacts.
(k) The state gaming agency shall perform all functions and duties required to comply with and ensure tribal compliance with tribal-state gaming compacts.
(l) The state gaming agency shall require fingerprinting of all employees or licensees. The state gaming agency shall submit such fingerprints to the Kansas bureau of investigation in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto, for the purposes of verifying the identity of such persons and obtaining records of criminal arrests and convictions.
(m) (1) The state gaming agency may disclose information received pursuant to subsection (l) to a tribal gaming commission as necessary for the purpose of determining qualifications of employees of or applicants for employment by such tribal gaming commission or qualifications of licensees or applicants for licensure by such tribal gaming commission.
(2) Any information, other than conviction data, received by the state gaming agency pursuant to subsection (l) or by a tribal gaming commission pursuant to this subsection shall be confidential and shall not be disclosed except to the executive director, employees of the state gaming agency and members and employees of the tribal gaming commission as necessary for the purposes specified by subsection (l) and this subsection.
(n) The executive director may adopt rules and regulations to implement, administer and enforce the provisions of the tribal gaming oversight act.
History: L. 1996, ch. 256, § 5; L. 2024, ch. 15, § 85; July 1.
(a) The director of enforcement and compliance and all enforcement agents are hereby vested with the power and authority of law enforcement officers in the execution of the duties imposed upon the state gaming agency by the provisions of the tribal gaming oversight act and tribal-state gaming compacts and shall have the authority to:
(1) Make arrests, conduct searches and seizures and carry firearms while investigating violations of this act and during routine conduct of their duties as determined by the executive director;
(2) make arrests, conduct searches and seizures and generally enforce all criminal laws of the state as violations of such laws are encountered by such employees during the routine performance of their duties; and
(3) issue notices to appear pursuant to K.S.A. 22-2408, and amendments thereto.
(b) No employee of the state gaming agency shall be certified to carry firearms under the provisions of this section without having first successfully completed the firearms training course or courses prescribed for law enforcement officers under subsection (a) of K.S.A. 74-5604a, and amendments thereto. The executive director may adopt rules and regulations prescribing other training required for such employees.
(c) It shall be the duty of the Kansas bureau of investigation to conduct, or assist enforcement personnel of the state gaming agency and other law enforcement agencies in conducting, investigations of violations of tribal-state gaming compacts, criminal violations of the laws of this state at tribal gaming facilities, criminal violations of the tribal gaming oversight act and other criminal activities related to tribal gaming. Such duty may be performed independently of or in conjunction with employees of the state gaming agency designated pursuant to this section or tribal gaming commission inspectors. Employees of the state gaming agency shall report immediately any criminal violations of the tribal gaming oversight act and any criminal activities or suspected criminal activities at tribal gaming facilities to the Kansas bureau of investigation. Employees of the Kansas bureau of investigation shall report any violations or suspected violations of the tribal gaming oversight act to the executive director or to employees of the state gaming agency designated pursuant to this section.
History: L. 1996, ch. 256, § 6; L. 1998, ch. 178, § 9; May 21.
A tribal gaming commission, the Kansas bureau of investigation or the state gaming agency may enter into agreements with the federal bureau of investigation, the federal internal revenue service, the Kansas attorney general or any state, federal or local agency as necessary to carry out the duties of the tribal gaming commission, the Kansas bureau of investigation or the state gaming agency under a tribal-state gaming compact. Any consideration paid by the state gaming agency or the Kansas bureau of investigation for the purpose of entering into or carrying out any agreement shall be considered an administrative expense of the state gaming agency and shall be assessed in accordance with the applicable tribal-state gaming compact. When such agreements are entered into for responsibilities relating to licensing, as set forth in a tribal-state gaming compact, the tribal gaming commission may provide by rules and regulations for the licensees to pay the costs incurred.
History: L. 1996, ch. 12, § 3; L. 1996, ch. 256, § 7; July 1.
(a) There is hereby created the tribal gaming fund in the state treasury.
(b) All amounts collected by the state gaming agency pursuant to tribal-state gaming compacts shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the tribal gaming fund. All moneys credited to such fund shall be expended or transferred only for the purposes and in the manner provided by this act and tribal-state gaming compacts. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director or a person designated by the executive director.
(c) All operating expenses of the state gaming agency and the provisions of the tribal gaming oversight act shall be paid from the tribal gaming fund.
(d) The executive director and the director of accounts and reports may provide for the establishment of such accounts in the tribal gaming fund as necessary or expedient to carry out the state's responsibilities and authority under tribal-state gaming compacts and the provisions of the tribal gaming oversight act.
(e) Any appropriation or transfer of state general fund moneys for operations of the state gaming agency and any other expenses incurred in connection with the administration and enforcement of tribal-state gaming compacts or the provisions of the tribal gaming oversight act shall be considered a loan and shall be repaid with interest to the state general fund in accordance with appropriation acts. Such loan shall not be considered an indebtedness or debt of the state within the meaning of section 6 of article 11 of the constitution of the state of Kansas. Such loan shall bear interest at a rate equal to the rate prescribed by K.S.A. 75-4210, and amendments thereto, for inactive accounts of the state effective on the first day of the month during which the appropriation or transfer takes effect.
(f) At the time of repayment of a loan pursuant to subsection (d), the executive director shall certify to the director of accounts and reports the amount to be repaid and any interest due thereon. Upon receipt of such certification, the director of accounts and reports shall promptly transfer the amount certified from the tribal gaming fund to the state general fund.
History: L. 1996, ch. 256, § 8; L. 2001, ch. 5, § 355; July 1.
(a) It is a class A nonperson misdemeanor for any person to have a financial interest, directly or indirectly, in any tribal gaming facility or any host facility that conducts or operates a game which can be played at a tribal gaming facility in this state and in which a progressive jackpot can be awarded while such person is executive director or an employee of the state gaming agency or during the five years immediately following termination of such person's employment as executive director or an employee of the state gaming agency.
(b) It is a class A nonperson misdemeanor for the executive director or any employee of the state gaming agency to knowingly:
(1) Place a wager or bet or play an electronic game of chance at a tribal gaming facility in Kansas;
(2) participate directly or indirectly as an owner, operator, manager or consultant in tribal gaming in Kansas; or
(3) accept any compensation, gift, loan, entertainment, favor or service from any person or entity licensed pursuant to a tribal-state gaming compact, except such suitable facilities and services within a tribal gaming facility in Kansas as may be required to facilitate the performance of the member's, employee's or appointee's official duties.
(c) It is a class A nonperson misdemeanor for the executive director or any employee of the state gaming agency, or any spouse, parent, grandparent, brother, sister, child, grandchild, uncle, aunt, parent-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law thereof, to:
(1) Hold any license issued pursuant to a tribal-state gaming compact; or
(2) enter into any business dealing, venture or contract with an owner or operator of a tribal gaming facility in Kansas other than as required to complete the duties of the compact.
(d) It is a class A nonperson misdemeanor for any holder of a license issued pursuant to a tribal-state gaming compact to allow any person, directly or indirectly, to place a wager or play any class III game, gaming device or electronic game of chance at a tribal gaming facility, knowing such person to be under 21 years of age.
(e) It is a severity level 8, nonperson felony for any person to use or conspire to use any device for the purpose of effecting the outcome of any class III game, gaming device or electronic game of chance at a tribal gaming facility.
(f) No person less than 18 years of age shall place, directly or indirectly, any wager or play any class III game, gaming device or electronic game of chance at a tribal gaming facility. Any person violating this subsection shall be subject to adjudication as a juvenile offender pursuant to the Kansas juvenile offenders code.
(g) It is a class A nonperson misdemeanor for any person 18 or more years of age but less than 21 years of age, directly or indirectly, to place any wager or play any class III game, gaming device or electronic game of chance at a tribal gaming facility.
(h) It is a severity level 8 nonperson felony for any person playing or using any class III game, gaming device or electronic game of chance at a tribal gaming facility to:
(1) Knowingly use bogus or counterfeit chips or gaming billets or knowingly substitute and use in any such game cards or dice that have been marked, loaded or tampered with;
(2) knowingly use other than a lawful coin or legal tender of the United States of America, or to use coin not of the same denomination as the coin intended to be used in an electronic game of chance, except that in the playing of any electronic game of chance or similar gaming device, it shall be lawful for any person to use gaming billets, tokens or similar objects therein which are approved by the tribal gaming commission having responsibility for the tribal gaming facility; or
(3) win or attempt to win, for the person's self or another, by any trick or sleight of hand performance, or by a fraud or fraudulent scheme, cards, dice or device, money or property or a representative of either, or reduce or attempt to reduce a losing wager, in connection with tribal gaming in a value of $100 or greater.
(i) It is a severity level 8 nonperson felony for any person knowingly to possess or use, while on the premises of a tribal gaming facility, any cheating or thieving device, including but not limited to tools, wires drills, coins attached to strings or wires or electronic or magnetic devices to facilitate removing from any electronic game of chance any money or contents thereof, except that a duly authorized employee of a licensed tribal gaming facility or tribal gaming commission may possess and use any of the foregoing only in furtherance of the employee's employment in the tribal gaming facility.
(j) It is a severity level 8 nonperson felony for any person to knowingly possess or use while on the premises of any tribal gaming facility any key or device designed for the purpose of or suitable for opening or entering any electronic game of chance or similar gaming device or drop box, except that a duly authorized employee of a tribal gaming facility or tribal gaming commission may possess and use any of the foregoing only in furtherance of the employee's employment in the trial gaming facility.
(k) It is a severity level 8 nonperson felony to:
(1) Knowingly conduct, carry on, operate, deal or allow to be conducted, carried on or dealt any cheating or thieving class III game or device; or
(2) knowingly deal, conduct, carry on, operate or expose for play any class III game or games played with cards, dice or any mechanical or electronic device, or any combination of class III games or devices, which have in any manner been marked or tampered with, or placed in a condition, or operated in a manner, the result of which tends to deceive the public or tends to alter the normal random selection of characteristics or the normal chance of the game which could determine or alter the result of the game.
(l) It is a severity level 8 nonperson felony to knowingly use or possess any marked cards, loaded dice, plugged or tampered with machines or devices, including but not limited to electronic games of chance.
(m) It is a severity level 8 nonperson felony for any person or entity to possess any device, equipment or material which the person knows has been manufactured, distributed, sold, tampered with or serviced in violation of the provisions of a tribal-state gaming compact.
(n) It is a class A nonperson misdemeanor for any person to win, for the person's self or another, by any trick or sleight of hand performance, or by fraud or fraudulent scheme, cards, dice or device, money or property or a representative of either, or reduce or attempt to reduce a losing wager, in connection with tribal gaming in a value of less than $100.
History: L. 1996, ch. 256, § 9; July 1.
There is hereby established the advisory commission on African-American affairs hereinafter referred to as the advisory commission. The advisory commission shall be advisory to the governor and shall be within the office of the governor and a part thereof.
History: L. 1997, ch. 44, § 1; L. 2004, ch. 42, § 11; July 1.
(a) The advisory commission shall consist of seven members. The membership of the advisory commission shall include: (1) One member appointed by the president of the senate; (2) one member appointed by the minority leader of the senate; (3) one member appointed by the speaker of the house of representatives; (4) one member appointed by the minority leader of the house of representatives; and (5) three members appointed by the governor. The terms of members appointed prior to July 1, 2000, shall expire June 30, 2000.
(b) At the expiration of terms in the year 2000: (1) Members appointed by the president of the senate and the minority leader of the senate shall be appointed for terms of three years; (2) members appointed by the speaker of the house of representatives and the minority leader of the house of representatives shall be appointed for terms of two years; and (3) members appointed by the governor shall be appointed for terms of one year. Thereafter, members shall be appointed for terms of three years and until a successor is appointed and qualified.
(c) No more than four members shall be members of the same political party. Each congressional district in the state of Kansas shall be represented on the advisory commission by at least one member who is a resident of the district at the time of appointment. Appointing authorities shall consult each other to assure effectuation of the foregoing requirement. A person appointed to fill a vacancy which occurs prior to the expiration of a term shall be appointed for the unexpired term. Except as provided by this section, each member of the commission shall be appointed for a three-year term and until a successor is appointed and qualified.
History: L. 1997, ch. 44, § 2; L. 2000, ch. 4, § 1; February 24.
(a) The advisory commission shall organize annually by the election from its membership of a chairperson and a secretary. The advisory commission may adopt such rules of procedure as the commission deems necessary for the conduct of business.
(b) The advisory commission shall meet at least four times a year. The chairperson may call additional meetings. A majority of members shall constitute a quorum.
(c) Members of the advisory commission attending meetings of such commission shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History: L. 1997, ch. 44, § 3; July 1.
(a) The advisory commission may appoint, subject to the approval of the governor, an executive director who shall be qualified by education and experience to assume the responsibilities of such office.
(b) The executive director shall be the administrative officer of the advisory commission and shall serve the advisory commission by gathering information, disseminating findings of fact and other information, forwarding proposals and evaluations to the governor, the legislature and various state agencies, carrying out public education programs, conducting hearings and conferences and performing other duties necessary for the proper operation of the advisory commission.
History: L. 1997, ch. 44, § 4; L. 2004, ch. 42, § 12; July 1.
The advisory commission shall have the following functions, powers and duties:
(a) Gather and disseminate information and conduct hearings, conferences and special studies on problems and programs concerning African-Americans;
(b) coordinate, assist and cooperate with the efforts of state departments and agencies to serve the needs of African-Americans especially in the areas of culture, education, employment, health, housing, welfare and recreation;
(c) develop, coordinate and assist other public and private associations and organizations with understanding the problems of African-Americans;
(d) develop, coordinate and assist other public and private associations and organizations to provide services to African-Americans;
(e) propose new programs concerning African-Americans;
(f) evaluate existing programs and proposed legislation concerning African-Americans;
(g) stimulate public awareness of the concerns and problems of African-Americans by conducting a program of public education;
(h) conduct training programs for community leadership and service project staff;
(i) accept contributions to assist in the effectuation of this section and seek and enlist the cooperation of private, charitable, religious, labor, civic and benevolent organizations for the purposes of this section;
(j) solicit, receive and expend federal funds to effectuate the purposes of this act and enter into contracts and agreements with any federal agency for such purposes; and
(k) establish advisory committees on special subjects.
History: L. 1997, ch. 44, § 5; July 1.
The executive director of the advisory commission may appoint, subject to the approval of the advisory commission and the governor, technical advisors and assistants to develop, assist and cooperate with local organizations and associations on African-American concerns.
History: L. 1997, ch. 44, § 6; L. 2004, ch. 42, § 13; July 1.
History: L. 2001, ch. 195, § 10; Repealed, L. 2003, ch. 111, § 2; July 1.
K.S.A. 74-99b01 to 74-99b20, inclusive, and amendments thereto, shall be known and may be cited as the bioscience authority act.
History: L. 2004, ch. 112, § 1; July 1.
(a) The legislature of the state of Kansas hereby finds and declares that:
(1) Biosciences develop uses of biochemistry, molecular biology, genetics, biotechnology, bioengineering and life sciences to promote and enhance health care, veterinary medicine, agriculture, forestry, energy, pharmacy, environment and other industries in the state of Kansas;
(2) high-paying jobs and innovative commercial products ensue from the biosciences, which requires an educated workforce with advanced technical skills;
(3) the universities, colleges, nonprofit institutions and private enterprises in the state of Kansas will be able to further educate and train scientists, health care professionals and technicians to provide a supportive environment for bioscience research, development, testing and product commercialization activities through increased targeted investments;
(4) manufacturing, licensing and commercialization of products derived from the biosciences will benefit the state's economy and will facilitate the development of the bioscience industry and associated educational institutions in the state of Kansas;
(5) the mission of the Kansas bioscience authority is to make Kansas the most desirable state in which to conduct, facilitate, support, fund and perform bioscience research, development and commercialization, to make Kansas a national leader in bioscience, to create new jobs, foster economic growth, advance scientific knowledge and improve the quality of life for the citizens of the state of Kansas;
(6) the needs of the citizens of the state of Kansas and the public and private entities engaged in the biosciences will be best served by an independent public authority charged with the mission of facilitating, supporting, funding and performing bioscience projects for the benefit of its citizens to promote the state's research, development and commercialization objectives.
(b) The exercise of the powers permitted by this act are deemed to be an essential governmental function in matters of public necessity in the provision of bioscience, education, research, development and commercialization.
History: L. 2004, ch. 112, § 2; July 1.
As used in the bioscience authority act, and amendments thereto, the following words and phrases shall have the following meanings unless a different meaning clearly appears from the content:
(a) "Authority" means the Kansas bioscience authority created by this act.
(b) "Authority employee" means an employee of the authority who performs services for the authority and whose salary is paid in whole or in part by the authority. An authority employee will not be considered to be a state employee, as such term is defined in this act or in any other statute or regulation.
(c) "Bioscience" means the use of compositions, methods and organisms in cellular and molecular research, development and manufacturing processes for such diverse areas as pharmaceuticals, medical therapeutics, medical diagnostics, medical devices, medical instruments, biochemistry, microbiology, veterinary medicine, plant biology, agriculture and industrial, environmental, and homeland security applications of bioscience, and future developments in the biosciences. Bioscience includes biotechnology and life sciences.
(d) "Bioscience company" means a corporation, limited liability company, S corporation, partnership, registered limited liability partnership, foundation, association, nonprofit entity, sole proprietorship, business trust, person, group, or other entity that is engaged in the business of bioscience in the state and has business operations in the state, including, without limitation, research, development, or production directed towards developing or providing bioscience products or processes for specific commercial or public purposes and are identified by the following NAICS codes: 325411, 325412, 325413, 325414, 325193, 325199, 325311, 32532, 334516, 339111, 339112, 339113, 334510, 334517, 339115, 621511, 621512, 54171, 54138, 54194.
(e) "Bioscience development project" means an approved project to implement a project plan in a bioscience development district.
(f) "Bioscience research" means any investigation for the advancement of scientific or technological knowledge of bioscience and any activity that seeks to utilize, synthesize, or apply existing knowledge, information or resources to the resolution of a specific problem, question or issue of bioscience.
(g) "Bioscience research institutions" means all universities and colleges located in the state of Kansas conducting bioscience research.
(h) "Biotechnology" means those fields focusing on technological developments in such areas as molecular biology, genetic engineering, genomics, proteomics, physiomics, nanotechnology, biodefense, biocomputing and bioinformatics.
(i) "Board" means the board of directors of the authority created by this act.
(j) "Bonds" has the same meaning as in K.S.A. 74-8902, and amendments thereto.
(k) "Bioscience development and investment fund" means the fund created by K.S.A. 74-99b34, and amendments thereto.
(l) "Eminent scholar" means world-class, distinguished and established investigators recognized nationally for their research, achievements and ability to garner significant federal funding on an annual basis. Eminent scholars are recognized for their scientific knowledge and entrepreneurial spirit to enhance the innovative research that leads to economic gains. Eminent scholars are either members of or likely candidates for the national academy of sciences or other prominent national academic science organizations.
(m) "Life sciences" means the areas of medical sciences, pharmaceutical sciences, biological sciences, zoology, botany, horticulture, ecology, toxicology, organic chemistry, physical chemistry, physiology and any future advances associated with life sciences.
(n) "NAICS" means the north American industry classification system.
(o) "NISTAC" means the national institute for strategic technology acquisition and commercialization.
(p) "President" means the chief executive officer of the authority.
(q) "Principal operation" means the operation of the authority requiring at least 75% of the total number of employees at all times.
(r) "Qualified company" means a Kansas company conducting bioscience research and development that may be granted a funding voucher.
(s) "Rising star scholar" means up-and-coming distinguished investigators growing in their national reputations in their fields, who are active and demonstrate leadership in their associated professional societies, and who attract significant federal research grant support. Rising star scholars would be likely candidates for the national academy of sciences or other prominent national academic science organizations in the future.
(t) "State" means the state of Kansas.
(u) "State employee" means a person employed by the state of Kansas whether or not a classified or unclassified employee in the state personnel system. Authority employees shall not be considered state employees, as such term is defined in this act or in any other statute or rule and regulation.
(v) "State universities" includes state educational institutions as defined in K.S.A. 76-711, and amendments thereto, and the municipal university as defined in K.S.A. 74-3201b, and amendments thereto.
(w) "Taxpayer" means a person, corporation, limited liability company, S corporation, partnership, registered limited liability partnership, foundation, association, nonprofit entity, sole proprietorship, business trust, group or other entity that is subject to the Kansas income tax act K.S.A. 79-3201 et seq., and amendments thereto.
(x) "Technology transfer" means, without limitation, assisting with filing patent applications, executing licenses, paying maintenance fees and managing the finance, production, sales and marketing of bioscience intellectual property.
(y) "This act" means the bioscience authority act.
(z) Notwithstanding any other provision of this act, the terms "bioscience," "biotechnology" and "life sciences" shall not be construed to include:
(1) Induced abortion in humans, performed after the date of enactment of this act, or the use of cells or tissues derived therefrom; or
(2) any research the federal funding of which would be contrary to federal laws that are in effect on the date of enactment of this act.
History: L. 2004, ch. 112, § 3; L. 2011, ch. 104, § 37; July 1.
(a) There is hereby established a body politic and corporate, with corporate succession, to be known as the Kansas bioscience authority. The authority shall be an independent instrumentality of the state. Its exercise of the rights, powers and privileges conferred by this act shall be deemed and held to be the performance of an essential governmental function.
(b) In order to accelerate any and all synergy and opportunities for the growth of the authority, the authority shall be headquartered and establish its principal operation in the county in the state with the highest number of bioscience employees associated with bioscience companies as of the effective date of this act. The exact location of the authority's headquarters and principal operations in such county shall be at the discretion of the authority's board.
(c) The authority shall be governed by an eleven-member board. One member of the board shall be an agricultural expert who is recognized for outstanding knowledge and leadership in the field of bioscience. Eight of the members of the board shall be representatives of the general public who are recognized for outstanding knowledge and leadership in the fields of finance, business, bioscience research, plant biotechnology, basic research, health care, legal affairs, bioscience manufacturing or product commercialization, education or government. Of the nine voting members, five must be residents of the state. The other two members of the board shall be nonvoting members with research expertise representing state universities and shall be appointed by the Kansas board of regents. Nonvoting members shall serve at the pleasure of the board of regents.
(d) Of the nine voting members who will be appointed to the authority's first board, two shall be appointed by the governor for a term of office of four years, two shall be appointed by the speaker of the house of representatives, one of which shall be the agricultural expert as authorized in subsection (c), for a term of office of three years, two shall be appointed by the president of the senate for a term of office of three years, one shall be appointed by the minority leader of the house of representatives for a term of office of two years, one shall be appointed by the minority leader of the senate for a term of office of two years, and one member shall be the secretary of commerce. Members of the first board shall be appointed by August 1, 2004. No more than three voting members shall be appointed from any one congressional district. All voting members of the board shall be subject to senate confirmation as provided in K.S.A. 75-4315b, and amendments thereto. Any member of the board whose nomination is subject to confirmation during a regular session of the legislature shall be deemed terminated when the senate rejects the nomination. No such termination shall affect the validity of any action taken by such member of the board before such termination.
(e) Terms of voting members appointed pursuant to this section shall expire on March 15.
(f) After the expiration of the terms of the authority's first board, or whenever a vacancy occurs or is announced regarding a voting member or members of the board, such voting member or members shall be appointed as described in subsections (c) and (d), except that such members shall be appointed for terms of four years each. In the event of a vacancy the appointment shall be for the remainder of the unexpired portion of the term. Each member of the board shall hold office for the term of appointment and until a successor has been confirmed. Any member of the board is eligible for reappointment, but members of the board shall not be eligible to serve more than three consecutive four-year terms.
(g) Except for appointments of nonvoting members, each appointment shall be forwarded to the senate for confirmation as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed to the board shall exercise any power, duty or function as a member of the board until confirmed by the senate. In case of a vacancy when the senate is not in session, the appointing entity may make a temporary appointment to the board until the next meeting of the senate. Any person who is temporarily appointed by the appointing entity to the board shall have all of the powers, duties and functions as a member of the board during such temporary appointment.
(h) The board annually shall elect a voting member as chairperson and at least one other as vice-chairperson. The board also shall elect a secretary and treasurer for terms to be determined by the board. The board may elect the same person to serve as both secretary and treasurer. The board shall establish an executive committee, nominating committee and other standing or special committees, and prescribe their duties and powers. Any executive committee of the board may exercise all such powers and duties of the board as the board may delegate.
(i) Members of the board are entitled to compensation and expenses as provided in K.S.A. 75-3223, and amendments thereto. Members of the board attending board meetings or subcommittee meetings authorized by the board, shall be paid mileage and all other applicable expenses, provided such expenses are consistent with policies established from time-to-time by the board and as required by subsection (j).
(j) No part of the funds of the authority shall inure to the benefit of, or be distributed to, its employees, officers or members of the board, except that the authority may make reasonable payments for expenses incurred on its behalf relating to any of its lawful purposes and the authority shall be authorized and empowered to pay reasonable compensation for services rendered to or for its benefit relating to any of its lawful purposes, including to pay its employees reasonable compensation.
(k) Any member of the board other than a nonvoting member may be removed by an affirmative vote by six members of the board for malfeasance or misfeasance in office, regularly failing to attend meetings, or for any cause which renders the member incapable of or unfit to discharge the duties of director.
(l) The board shall meet at least four times per year and at such other times as it deems appropriate, or upon call by the president or the chairperson, or upon written request of a majority of the directors of the board. The board may adopt, repeal and amend such rules, procedures and bylaws, not contrary to law or inconsistent with this act, as it deems expedient for its own governance and for the governance and management of the authority. A majority of the total voting membership of the board shall constitute a quorum for meetings. The board may act by a majority of those at any meeting where a quorum is present, except upon such issues as the board may determine shall require a vote of six members of the board for approval. The board shall meet for the initial meeting upon call by the member of the board appointed by the secretary of commerce, who shall act as temporary chairperson until officers of the board are elected pursuant to subsection (h).
(m) The board shall appoint a president who shall serve at the pleasure of the board. The president shall serve as the chief executive officer of the authority. The president's salary shall be set by the board. The board may negotiate and enter into an employment agreement with the individual selected as president of the authority, which may provide for compensation allowances, benefits and expenses as may be included in such agreement. The president shall direct and supervise administrative affairs and the general management of the authority.
(n) The board may provide supplemental benefits to the president and other authority employees designated by the board in addition to the benefits provided under this act.
(o) The authority shall continue until terminated by law, except that no such law shall take effect so long as the authority has debts or obligations outstanding, unless adequate provision has been made for the payment or retirement of such debts or obligations. Upon any such dissolution of the authority, all property, funds and assets thereof shall be vested in the state, bioscience research institutions or both as designated by the board, or any other public institute or private enterprise engaged in the business of bioscience, or any combination thereof, as designated by the board and approved by act of the legislature.
History: L. 2004, ch. 112, § 4; L. 2011, ch. 104, § 38; July 1.
(a) The board shall establish an executive committee of the authority, to be composed of the chairperson, the vice-chairperson, the secretary and two additional members of the board to be chosen by the chairperson from the remaining voting directors.
(b) The executive committee, in intervals between meetings of the board, may transact any business of the board that has been delegated to the executive committee.
History: L. 2004, ch. 112, § 5; July 1.
(a) All resolutions and orders of the board shall be recorded and authenticated by the signature of the secretary or any assistant secretary of the board. The book of resolutions, orders, minutes of open meetings, annual reports and annual financial statements of the authority shall be public records as defined by K.S.A. 45-215 et seq., and amendments thereto. All public records shall be subject to regular audit as provided in K.S.A. 46-1106, and amendments thereto.
(b) Notwithstanding any provision of K.S.A. 45-215 et seq., and amendments thereto, to the contrary, the following records of the authority shall not be subject to the provisions of the Kansas open records act, when in the opinion of the board, the disclosure of the information in the records would be harmful to the competitive position of the authority:
(1) Proprietary information gathered by or in the possession of the authority from third parties pursuant to a promise of confidentiality;
(2) contract cost estimates prepared for confidential use in awarding contracts for research development, construction, renovation, commercialization or the purchase of goods or services; and
(3) data, records or information of a proprietary nature produced or collected by or for the authority, its employees, officers or members of its board; financial statements not publicly available that may be filed with the authority from third parties; the identity, accounts or account status of any customer of the authority; consulting or other reports paid for by the authority to assist the authority in connection with its strategic planning and goals; and the determination of marketing and operational strategies where disclosure of such strategies would be harmful to the competitive position of the authority.
(c) Notwithstanding any provision of this section to the contrary, the authority may claim the benefit of any other exemption to the Kansas open records act listed in K.S.A. 45-215 et seq., and amendments thereto.
History: L. 2004, ch. 112, § 6; L. 2014, ch. 72, § 3; July 1.
(a) No business of the board shall be transacted except at a regular or special meeting at which a quorum consisting of at least a majority of the total voting membership of the board is present. Any action of the board shall require the affirmative vote of a majority of those at any meeting of the board at which a quorum is present.
(b) Notwithstanding any provision of K.S.A. 75-4317 et seq., and amendments thereto, in the case of the authority, discussion and consideration on any of the following may occur in executive session, when in the opinion of the board, disclosure of the items would be harmful to the competitive position of the authority:
(1) Plans that could affect the value of property, real or personal, owned or desirable for ownership by the authority;
(2) the condition, acquisition, use or disposition of real or personal property; or
(3) contracts for bioscience research, bioscience product manufacturing or commercialization, construction and renovation of bioscience facilities and marketing or operational strategies.
(c) Notwithstanding any provision of this section to the contrary, the authority may claim the benefit of any other exemption to the Kansas open meetings act listed in K.S.A. 75-4317 et seq., and amendments thereto.
History: L. 2004, ch. 112, § 7; July 1.
(a) Any member of the board and any employee, other agent or advisor of the authority, who has a direct or indirect interest in any contract or transaction with the authority, shall disclose this interest to the authority in writing. This interest shall be set forth in the minutes of the authority, and no director, officer, employee, other agent or advisor having such interest shall participate on behalf of the authority in the authorization of any such contract or transaction; except that, the provisions of this section shall not be construed to prohibit any employee of bioscience research institutions, or any public institute or private enterprise engaged in the business of bioscience who is a member of the board, who has no personal interest, from voting on the authorization of any such contract or transaction between the authority and such employee's employer.
(b) All members of the board and all officers of the authority shall file a written statement pursuant to K.S.A. 46-247 et seq., and amendments thereto, regarding any substantial interests, within the meaning of K.S.A. 46-229, and amendments thereto, that each director may hold. Any employee, other agent or advisor of the authority who has a substantial interest in any contract or transaction with the authority within the meaning of K.S.A. 46-229, and amendments thereto, shall file a written statement of substantial interest pursuant to K.S.A. 46-247 et seq., and amendments thereto.
History: L. 2004, ch. 112, § 8; July 1.
(a) The authority shall have all of the powers necessary to carry out the purposes and provisions of this act, including, without limitation, the following powers to:
(1) Make, amend and repeal bylaws, rules and regulations for the management of its affairs;
(2) have the duties, privileges, immunities, rights, liabilities and disabilities of a body politic and corporate and independent instrumentality of the state;
(3) have perpetual existence and succession;
(4) adopt, have and use a seal and to alter the same at its pleasure;
(5) sue and be sued in its own name;
(6) work with bioscience research institutions to identify and recruit eminent scholars and rising star scholars who shall become employed by bioscience research institutions or the authority, or both, to perform bioscience research, development and commercialization at bioscience research institutions or at authority facilities, or both;
(7) transfer funds to bioscience research institutions in amounts to be determined by the board for the purpose of attracting and then supplementing the compensation of eminent scholars and rising star scholars;
(8) work with and collaborate with bioscience research institutions to determine the types of bioscience research that will be conducted by eminent scholars and rising star scholars;
(9) work with bioscience research institutions to determine the types of facilities that may be constructed at bioscience research institutions or at authority premises, or elsewhere, for eminent scholars and rising star scholars to perform bioscience research and development;
(10) employ personnel to assist or complement the research of eminent scholars and rising star scholars;
(11) establish policies and procedures to facilitate integrated bioscience research activities by the authority and bioscience research institutions;
(12) make and execute contracts, guarantees or any other instruments and agreements necessary or convenient for the exercise of its powers and functions including, without limitation, to make and execute contracts with bioscience enterprises, including start-up companies, other public and private persons and entities, health care businesses, state universities and colleges, and to incur liabilities and secure the obligations of any entity or individual;
(13) partner with the bioscience research institutions to provide matching funds for federal grants;
(14) borrow money and to pledge all or any part of the authority's assets therefor;
(15) purchase, lease, trade, exchange or otherwise acquire, maintain, hold, improve, mortgage, sell and dispose of personal property, whether tangible or intangible, and any interest therein; and to purchase, lease, trade, exchange or otherwise acquire real property or any interest therein, and to maintain, hold, improve, mortgage, sell, lease and otherwise transfer such real property to the universities, colleges, public institutions and private enterprises in the state, so long as such transactions do not conflict with the mission of the authority as specified in this act;
(16) own, acquire, construct, renovate, equip, improve, operate, maintain, sell or lease any land, buildings or facilities in the state that can be used in researching, developing, sponsoring or commercializing bioscience in the state including, without limitation, a state-of-the-art facility, laboratory or commercial wet lab space incubator to be used by the authority, and also to be made available for use by bioscience research institutions or Kansas companies conducting bioscience research and development for bioscience research, commercialization and technology transfer of bioscience products, processes and other intellectual property in accordance with the provisions of this act;
(17) incur or assume indebtedness to, and enter into contracts with the Kansas development finance authority, which is authorized to borrow money, issue bonds and provide financing for the authority;
(18) develop policies and procedures generally applicable to the procurement of goods, services and construction, based upon sound business practices;
(19) solicit, study and assist in the preparation of business plans and proposals of new or established businesses to advance the biosciences in the state;
(20) own and possess patents, copyrights, trademarks and proprietary technology and to enter into contracts for the purposes of commercializing and establishing charges for the use of such patents, copyrights, trademarks and proprietary technology involving bioscience;
(21) contract for and to accept any gifts, grants and loans of funds, property or any other aid in any form from the federal government, the state, any state agency or any other source, or any combination thereof, and to comply with the provisions of the terms and conditions thereof;
(22) acquire space, equipment, services, supplies and insurance necessary to carry out the purposes of this act;
(23) deposit any moneys of the authority in any banking institution within or without the state or in any depository authorized to receive such deposits, one or more persons to act as custodians of the moneys of the authority;
(24) procure such insurance, participate in such insurance plans or provide such self-insurance or both as it deems necessary or convenient to carry out the purposes and provisions of this act; the purchase of insurance, participation in an insurance plan or creation of a self-insurance fund by the authority shall not be deemed as a waiver or relinquishment of any sovereign immunity to which the authority or its officers, directors, employees or agents are otherwise entitled;
(25) appoint, supervise and set the salary and compensation of the president, who shall be appointed by and serve at the pleasure of the board;
(26) fix, revise, charge and collect rates, rentals, fees and other charges for the services or facilities furnished by or on behalf of the authority, and to establish policies and procedures regarding any such service rendered for the use, occupancy or operation of any such facility; such charges and policies and procedures not to be subject to supervision or regulation by any commission, board, bureau or agency of the state; and
(27) do any and all things necessary or convenient to carry out the authority's purposes and exercise the powers given in this act.
(b) The authority may create, own in whole or in part, or otherwise acquire or dispose of any entity organized for a purpose related to or in support of the mission of the authority.
(c) The authority may participate in joint ventures and collaborate with any taxpayer, governmental body or agency, insurer, university and college of the state, or any other entity to facilitate any activities or programs consistent with the purpose and intent of this act.
(d) (1) The authority may create a nonprofit entity or entities for the purpose of soliciting, accepting and administering grants, outright gifts and bequests, endowment gifts and bequests, and gifts and bequests in trust, which entity or entities shall not engage in trust business. The nonprofit entity created in this subsection may expend such funds through grants or loans to further the purpose of bioscience authority activities including, but not limited to, issuing grants to high schools for the purpose of creating bioscience academies and to Kansas universities and colleges for the purpose of increasing the number of students majoring in bioscience, science education and math education. The authority may set requirements for curricula, teaching credentials and any other items and procedures incidental to establishing the grant programs.
(2) Grants made pursuant to this subsection shall be based on requirements established by the nonprofit entity and may include, but not be limited to, requirements for eligibility, grant applications, organizational characteristics and standards for eligibility and accountability as are deemed advisable by the nonprofit entity.
(3) The authority may not create any political action committee or contribute to any political action committee.
(e) In carrying out any activities authorized by this act, the authority may provide appropriate assistance, including the making of loans and providing time of employees, to any taxpayer, governmental body or agency, insurer, university and college of the state, or any other entity, whether or not any such taxpayer, governmental body or agency, insurer, university and college of the state, or any other entity is owned or controlled in whole or in part, directly or indirectly, by the authority.
(f) Notwithstanding any provision of law to the contrary, the authority may invest the funds received from gifts, grants, donations and other operations of the authority in such investments as would be lawful for a private corporation having purposes similar to the authority including preseed, seed capital and venture capital funds whose purpose is to commercialize bioscience intellectual property, and in any obligations or securities as authorized by the board. Prior to making any investments, the board shall adopt written investment guidelines.
(g) Except as provided in this act, all moneys earned or received by the authority, including all funds derived from the commercialization of bioscience products by the authority, or any affiliate or subsidiary thereof, or from the Kansas bioscience development and investment fund, shall belong exclusively to the authority.
(h) In accordance with subsection (i) below, the authority shall direct and manage the commercialization of bioscience intellectual property created by eminent scholars and rising star scholars who are employed by bioscience research institutions or the authority or both. Prior to the authority providing any financial support or funding to the bioscience research institutions, the authority and the bioscience research institutions must enter into an agreement that will govern each party's respective duties and responsibilities with respect to technology transfer and commercialization of any such bioscience intellectual property. Such agreements between the authority and the bioscience research institutions shall address the sharing of revenue from any such bioscience intellectual property, the technology transfer of such bioscience intellectual property, patent application filing and maintenance fees, assumption of risks and the terms of ownership of such bioscience intellectual property. The authority and the bioscience research institutions shall have authority to freely negotiate. If conflicts arise, all terms and provisions of such agreement shall prevail and govern over any policy of a bioscience research institution or the Kansas board of regents.
(i) The authority will take steps to reasonably ensure that it does not duplicate existing commercialization efforts already located in the state. After the five-year period from the effective date of this act, the authority may sell, license, contribute or provide bioscience intellectual property to any third party, or provide services, facilities or assistance to any third party, for a fee, for an ownership interest in the third party, or other consideration, so as to commercialize bioscience technology. The authority may take all such actions necessary to commercialize any technology in which the authority has an interest.
(j) The authority shall prepare an annual report to the legislature and the governor on all distributions from the bioscience development and investment fund, and income, investment and income tax credits and exemptions attributed to bioscience authority activity. The authority with assistance from the department of revenue shall prepare an annual report summarizing the growth of bioscience research and industry in Kansas.
(k) The authority shall be subject to review by the secretary of commerce. In the review, the secretary of commerce shall evaluate and report on the effectiveness of the activities of the bioscience authority in the manner provided in K.S.A. 74-8010, and amendments thereto.
History: L. 2004, ch. 112, § 9; L. 2011, ch. 104, § 39; L. 2012, ch. 65, § 25; July 1.
(a) The Kansas development finance authority is hereby authorized to issue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, to finance: (1) Facilities, as defined in the Kansas development finance authority act; for the conduct of bioscience programs, activities and research of the authority, a bioscience company or a bioscience research institute; (2) bioscience programs, activities and research of the authority, a bioscience company or a bioscience research institute; and (3) to provide sufficient funds to the authority necessary or convenient to carry out the authority's purposes and powers under this act. No bonds may be issued pursuant to this section unless the Kansas development finance authority has received a resolution of the board of the authority requesting the issuance of such bonds. Bonds issued pursuant to this section shall not be subject to the notice requirements of K.S.A. 74-8905(c), and amendments thereto.
(b) Any resolution by the board of the authority requesting bonds to be issued by the Kansas development finance authority may (1) contain such requirements, parameters and provisions as deemed appropriate by the board for the purpose of carrying out the authority's purposes under this act and (2) authorize such contracts or obligations of the authority deemed appropriate by the board to secure the payment of such bonds, including a pledge of all or any part of the revenues and assets of the authority, including without limitation moneys in the bioscience development and investment fund.
(c) The state does hereby pledge to, and agree with, the holders of any bonds issued under this act that the state will not limit or alter the rights hereby vested in the authority to fulfill the terms of any agreements made with the Kansas development finance authority or in any way impair the rights and remedies of the Kansas development finance authority with respect to such bonds, or any holders of such bonds until the payment of principal and interest on such bonds and all costs and expenses in connection with any action or proceeding by or on behalf of such holders is fully paid and discharged. The authority is authorized to include this pledge and agreement of the state in any agreement with the Kansas development finance authority and the Kansas development finance authority is authorized to include this pledge and agreement in an agreement for the benefit of the holders of such bonds. Nothing in this section shall be construed to limit the constitutional powers of the legislature.
History: L. 2004, ch. 112, § 10; July 1.
(a) The authority may employ such employees as it may require and upon such terms and conditions as it may establish. The authority shall establish personnel, payroll, benefit and other such systems as authorized by the board, such systems to be initially established or contracted as designated by the board. The authority shall determine the qualifications and duties of its employees. The board shall develop and adopt policies and procedures that will afford its employees grievance rights, ensure that employment decisions shall be based upon merit and fitness of applicants and shall prohibit discrimination because of race, religion, color, sex or national origin.
(b) Nothing in this act or any act of which it is amendatory shall be construed as placing any officer or employee of the authority or member of the board in the classified or the unclassified service under the Kansas civil service act.
(c) The authority is authorized to establish a health insurance plan for the benefit of its employees.
History: L. 2004, ch. 112, § 11; July 1.
The authority shall be exempt from any real and personal property taxes upon any property of the authority acquired and used for its public purposes, and from any taxes or assessments upon any projects or upon any operations of the authority or the income therefrom, and from any taxes or assessments upon any project or any property or local obligation acquired or used by the authority under the provisions of this act or upon the income therefrom. Purchases by the authority to be used for its public purposes shall not be subject to sales or use tax under K.S.A. 79-3601 et seq., K.S.A. 79-3701 et seq. and subsection (b) of K.S.A. 79-3606 et seq., and amendments thereto. The exemptions hereby granted shall not extend to persons or entities conducting business on the authority's property for which payment of state and local taxes would otherwise be required.
History: L. 2004, ch. 112, § 12; July 1.
Notwithstanding any other provision of law to the contrary, the authority, its officers, directors, employees and agents shall be subject to and covered by the Kansas tort claims act K.S.A. 75-6101 et seq., and amendments thereto.
History: L. 2004, ch. 112, § 13; July 1.
Insofar as the provisions of this act are inconsistent with the provisions of any other law, general, specific or local, the provisions of this act shall be controlling.
History: L. 2004, ch. 112, § 14; July 1.
Nothing in this act should be construed as allowing the board to sell the authority or substantially all of the assets of the authority, or to merge the authority with another institution, without prior legislative authorization by statute. This authorization may be provided by the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in K.S.A. 75-3711c(c), and amendments thereto, except that such approval also may be given while the legislature is in session.
History: L. 2004, ch. 112, § 15; L. 2016, ch. 89, § 6; May 19.
(a) As used in this section, unless the context expressly provides otherwise:
(1) "Ancillary technical services" include, but shall not be limited to, geology services and other soil or subsurface investigation and testing services, surveying, adjusting and balancing of air conditioning, ventilating, heating and other mechanical building systems, testing and consultant services that are determined by the bioscience authority to be required for a project;
(2) "architectural services" means those services described as the "practice of architecture," as defined in K.S.A. 74-7003, and amendments thereto;
(3) "construction services" means the work performed by a construction contractor to commence and complete a project;
(4) "construction management at-risk services" means the services provided by a firm which has entered into a contract with the bioscience authority to be the construction manager at risk for the value and schedule of the contract for a project, which is to hold the trade contracts and execute the work for a project in a manner similar to a general contractor and which is required to solicit competitive bids for the trade packages developed for a project and to enter into the trade contracts for a project with the lowest responsible bidder therefor, and may include, but are not limited to, such services as scheduling, value analysis, systems analysis, constructability reviews, progress document reviews, subcontractor involvement and prequalification, subcontractor bonding policy, budgeting and price guarantees, and construction coordination;
(5) "division of facilities management" means the division of facilities management of the department of administration;
(6) "engineering services" means those services described as the "practice of engineering," as defined in K.S.A. 74-7003, and amendments thereto;
(7) "firm" means: (A) With respect to architectural services, an individual, firm, partnership, corporation, association or other legal entity which is: (i) Permitted by law to practice the profession of architecture; and (ii) maintaining an office in Kansas staffed by one or more architects who are licensed by the board of technical professions; or (iii) not maintaining an office in Kansas, but which is qualified to perform special architectural services that are required in special cases where in the judgment of the bioscience authority it is necessary to go outside the state to obtain such services; (B) with respect to engineering services or land surveying, an individual, firm, partnership, corporation, association or other legal entity permitted by law to practice the profession of engineering and provide engineering services or practice the profession of land surveying and provide land surveying services, respectively; (C) with respect to construction management at-risk services, a qualified individual, firm, partnership, corporation, association or other legal entity permitted by law to perform construction management at-risk services; (D) with respect to ancillary technical services or other services that are determined by the bioscience authority to be required for a project, a qualified individual, firm, partnership, corporation, association or other legal entity permitted by law to practice the required profession or perform the other required services, as determined by the bioscience authority; and (E) with respect to construction services, a qualified individual, firm, partnership, corporation, association, or other legal entity permitted by law to perform construction services for a project;
(8) "land surveying" means those services described as "professional surveying," as defined in K.S.A. 74-7003, and amendments thereto;
(9) "negotiating committee" means the board of directors of the subsidiary corporation formed under K.S.A. 76-781, and amendments thereto, except that for the period of May 1, 2008, through May 1, 2009, the term shall have the meaning set forth in subsection (b) of K.S.A. 75-1251, and amendments thereto;
(10) "project" means a project undertaken by the Kansas bioscience authority;
(11) "project services" means architectural services, engineering services, land surveying, construction management at-risk services, construction services, ancillary technical services or other construction-related services determined by the bioscience authority to be required for a project; and
(12) "state building advisory commission" means the state building advisory commission created by K.S.A. 75-3780, and amendments thereto.
(b) The bioscience authority, when acting under authority of this act, and each project authorized by the bioscience authority under this act are exempt from the provisions of K.S.A. 75-1269, 75-3738 through 75-3741b, 75-3742 through 75-3744, and 75-3783, and amendments thereto, except as otherwise specifically provided by this act.
(c) Notwithstanding the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto, or the provisions of any other statute to the contrary, all contracts for any supplies, materials or equipment for a project authorized by the bioscience authority under this act, shall be entered into in accordance with procurement procedures determined by the bioscience authority, subject to the provisions of this section, except that, in the discretion of the bioscience authority, any such contract may be entered into in the manner provided in and subject to the provisions of any such statute otherwise applicable thereto. Notwithstanding the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto, if the bioscience authority does not obtain construction management at-risk services for a project, the construction services for such project shall be obtained pursuant to competitive bids and all contracts for construction services for such project shall be awarded to the lowest responsible bidder in accordance with procurement procedures determined and administered by the bioscience authority which shall be consistent with the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto.
(d) When it is necessary in the judgment of the bioscience authority to obtain project services for a particular project by conducting negotiations therefor, the bioscience authority shall publish a notice of the commencement of negotiations for the required project services at least 15 days prior to the commencement of such negotiations in the Kansas register in accordance with K.S.A. 75-430a, and amendments thereto, and in such other appropriate manner as may be determined by the bioscience authority.
(e) (1) Notwithstanding the provisions of subsection (b) of K.S.A. 75-1251, and amendments thereto, or the provisions of any other statute to the contrary, as used in K.S.A. 75-1250 through 75-1270, and amendments thereto, with respect to the procurement of architectural services for a project authorized by the bioscience authority under this act, "negotiating committee" shall mean the board of directors of the subsidiary corporation formed under K.S.A. 76-781, and amendments thereto, and such board of directors shall negotiate a contract with a firm to provide any required architectural services for the project in accordance with the provisions of K.S.A. 75-1250 through 75-1270, and amendments thereto, except that no limitation on the fees for architectural services for the project shall apply to the fees negotiated by the board of directors for such architectural services, except that for the period of May 1, 2008, through May 1, 2009, the "negotiating committee" shall have the meaning set forth in subsection (b) of K.S.A. 75-1251, and amendments thereto, and the board of directors of the subsidiary corporation formed under K.S.A. 76-781, and amendments thereto, shall have no role in the procurement of architectural services for a project.
(2) Notwithstanding the provisions of subsection (e) of K.S.A. 75-5802, and amendments thereto, or the provisions of any other statute to the contrary, as used in K.S.A. 75-5801 through 75-5807, and amendments thereto, with respect to the procurement of engineering services or land surveying services for a project authorized by the bioscience authority under this act, "negotiating committee" shall mean the board of directors of the subsidiary corporation formed under K.S.A. 76-781, and amendments thereto, and such board of directors shall negotiate a contract with a firm to provide any required engineering services or land surveying services for the project in accordance with the provisions of K.S.A. 75-5801 through 75-5807, and amendments thereto, except that for the period of May 1, 2008, through May 1, 2009, the "negotiating committee" shall have the meaning set forth in subsection (b) of K.S.A. 75-1251, and amendments thereto, and the board of directors of the subsidiary corporation formed under K.S.A. 76-781, and amendments thereto, shall have no role in the procurement of engineering services or land surveying services for a project.
(3) In any case of a conflict between the provisions of this section and the provisions of K.S.A. 75-1250 through 75-1270, or 75-5801 through 75-5807, and amendments thereto, with respect to a project authorized by the bioscience authority under this act, the provisions of this section shall govern.
(f) (1) For the procurement of construction management at-risk services for projects under this act, the secretary of administration shall encourage firms engaged in the performance of construction management at-risk services to submit annually to the secretary of administration and to the state building advisory commission a statement of qualifications and performance data. Each statement shall include data relating to: (A) The firm's capacity and experience, including experience on similar or related projects; (B) the capabilities and other qualifications of the firm's personnel; and (C) performance data of all consultants the firm proposes to use.
(2) Whenever the bioscience authority determines that a construction manager at risk is required for a project under this act, the bioscience authority shall notify the state building advisory commission and the state building advisory commission shall prepare a list of at least three and not more than five firms which are, in the opinion of the state building advisory commission, qualified to serve as construction manager at risk for the project. Such list shall be submitted to the negotiating committee, without any recommendation of preference or other recommendation. The negotiating committee shall have access to statements of qualifications of and performance data on the firms listed by the state building advisory commission and all information and evaluations regarding such firms gathered and developed by the secretary of administration under K.S.A. 75-3783, and amendments thereto.
(3) The negotiating committee shall conduct discussions with each of the firms so listed regarding the project. The negotiating committee shall determine which construction management at-risk services are desired and then shall proceed to negotiate with and attempt to enter into a contract with the firm considered to be most qualified to serve as construction manager at risk for the project. The negotiating committee shall proceed in accordance with the same process with which negotiations are undertaken to contract with a firm to be a project architect under K.S.A. 75-1257, and amendments thereto, to the extent that such provisions can be made to apply. Should the negotiating committee be unable to negotiate a satisfactory contract with the firm considered to be most qualified, negotiations with that firm shall be terminated and shall undertake negotiations with the second most qualified firm, and so forth, in accordance with that statute.
(4) The contract to perform construction management at-risk services for a project shall be prepared by the division of facilities management and entered into by the bioscience authority with the firm contracting to perform such construction management at-risk services.
(g) (1) To assist in the procurement of construction services for projects under this act, the secretary of administration shall encourage firms engaged in the performance of construction services to submit annually to the secretary of administration and to the state building advisory commission a statement of qualifications and performance data. Each statement shall include data relating to: (A) The firm's capacity and experience, including experience on similar or related projects; (B) the capabilities and other qualifications of the firm's personnel; (C) performance data of all subcontractors the firm proposes to use; and (D) such other information related to the qualifications and capability of the firm to perform construction services for projects as may be prescribed by the secretary of administration.
(2) The construction manager at risk shall publish a construction services bid notice in the Kansas register and in such other appropriate manner as may be determined by the bioscience authority. Each construction services bid notice shall include the request for bids and other bidding information prepared by the construction manager at risk and the state bioscience authority with the assistance of the division of facilities management. The current statements of qualifications of and performance data on the firms submitting bid proposals shall be made available to the construction manager at risk and the bioscience authority by the state building advisory commission along with all information and evaluations developed regarding such firms by the secretary of administration under K.S.A. 75-3783, and amendments thereto. Each firm submitting a bid proposal shall be bonded in accordance with K.S.A. 60-1111, and amendments thereto, and shall present evidence of such bond to the construction manager at risk prior to submitting a bid proposal. If a firm submitting a bid proposal fails to present such evidence, such firm shall be deemed unqualified for selection under this subsection. At the time for opening the bids, the construction manager at risk shall evaluate the bids and shall determine the lowest responsible bidder. The construction manager at risk shall enter into contracts with each firm performing the construction services for the project and make a public announcement of each firm selected in accordance with this subsection.
(h) The division of facilities management shall provide such information and assistance as may be requested by the bioscience authority or the negotiating committee for a project, including all or part of any project services as requested by the bioscience authority, and: (1) Shall prepare the request for proposals and publication information for each publication of notice under this section, subject to the provisions of this section; (2) shall prepare each contract for project services for a project, including each contract for construction services for a project; (3) shall conduct design development reviews for each project; (4) shall review and approve all construction documents for a project prior to soliciting bids or otherwise soliciting proposals from construction contractors or construction service providers for a project; (5) shall obtain and maintain copies of construction documents for each project; and (6) shall conduct periodic inspections of each project, including jointly conducting the final inspection of each project.
(i) Notwithstanding the provisions of any other statute, the bioscience authority shall enter into one or more contracts with the division of facilities management for each project for the services performed by the division of facilities management for the project as required by this section or at the request of the bioscience authority. The division of facilities management shall receive fees from the bioscience authority to recover the costs incurred to provide such services pursuant to such contracts.
(j) Design development reviews and construction document reviews conducted by the division of facilities management shall be limited to ensuring only that the construction documents do not change the project description and that the construction documents comply with the standards established under K.S.A. 75-3783, and amendments thereto, by the secretary of administration for the planning, design and construction of buildings and major repairs and improvements to buildings for state agencies, including applicable building and life safety codes and appropriate and practical energy conservation and efficiency standards.
(k) Each project for a bioscience research institution shall receive a final joint inspection by the division of facilities management and the bioscience authority. Each such project shall be officially accepted by the bioscience authority before such project is occupied or utilized by the bioscience research institution, unless otherwise agreed to in writing by the contractor and the bioscience authority as to the satisfactory completion of the work on part of the project that is to be occupied and utilized, including any corrections of the work thereon.
(l) (1) The bioscience authority shall issue monthly reports of progress on each project and shall advise and consult with the joint committee on state building construction regarding each project. Change orders and changes of plans for a project shall be authorized or approved by the bioscience authority.
(2) No change order or change of plans for a project involving either cost increases of $75,000 or more or involving a change in the proposed use of a project shall be authorized or approved by the bioscience authority without having first advised and consulted with the joint committee on state building construction.
(3) Change orders or changes in plans for a project involving a cost increase of less than $75,000 and any change order involving a cost reduction, other than a change in the proposed use of the project, may be authorized or approved by the bioscience authority without prior consultation with the joint committee on state building construction. The bioscience authority shall report to the joint committee on state building construction all action relating to such change orders or changes in plans.
(4) If the bioscience authority determines that it is in the best interest of the state to authorize or approve a change order, a change in plans or a change in the proposed use of any project that the bioscience authority is required to first advise and consult with the joint committee on state building construction prior to issuing such approval and if no meeting of the joint committee is scheduled to take place within the next 10 business days, then the bioscience authority may use the procedure authorized by subsection (d) of K.S.A. 75-1264, and amendments thereto, in lieu of advising and consulting with the joint committee at a meeting. In any such case, the bioscience authority shall mail a summary description of the proposed change order, change in plans or change in the proposed use of any project to each member of the joint committee on state building construction and to the director of the legislative research department. If the bioscience authority provides notice and information to the members of the joint committee and to such director in the manner required and subject to the same provisions and conditions that apply to the secretary of administration under such statute, and if less than two members of the joint committee contact the director of the legislative research department within seven business days of the date the summary description was mailed and request a presentation and review of any such proposed change order, change in plans or change in use at a meeting of the joint committee, then the bioscience authority shall be deemed to have advised and consulted with the joint committee about such proposed change order, change in plans or change in proposed use and may authorize or approve such proposed change order, change in plans or change in proposed use.
(m) The provisions of this section shall apply to each project authorized by the bioscience authority under this act and shall not apply to any other capital improvement project of the bioscience authority or bioscience research institution that is specifically authorized by any other statute.
History: L. 2004, ch. 112, § 16; L. 2008, ch. 184, § 48; L. 2014, ch. 88, § 33; July 1.
The authority may, at the election of the board, affiliate with the Kansas public employees retirement system with respect to any or all employees employed by the authority on or after the effective date of this act, in accordance with the provisions of K.S.A. 74-4910, and amendments thereto. The authority may, at the election of the board, adopt, in accordance with requirements of the federal internal revenue code, a retirement plan or plans sponsored by the authority with respect to employees employed by the authority on or after the effective date of this act. The authority may, at the discretion of the board, provide death and disability benefits as provided in K.S.A. 74-4927a and 74-4927g, and amendments thereto.
History: L. 2004, ch. 112, § 17; July 1.
Each bioscience company or qualified company receiving grants, awards, tax credits or any other financial assistance, including financing for any bioscience development project, under the provisions of the bioscience authority act, the emerging industry investment act, the bioscience development financing act, the tax investment incentive act, the bioscience research and development voucher program act, or the bioscience research matching funds act, shall repay such financial assistance to the authority, in the amount determined by the authority, if such bioscience company or qualified company relocates operations, in which the authority invested, outside Kansas within 10 years after receiving such financial assistance. Each such bioscience company or qualified company shall enter into a repayment agreement with the authority specifying the terms of such repayment obligation.
History: L. 2004, ch. 112, § 52; July 1.
The authority is exempt from the provisions of K.S.A. 12-1675 through 12-1677, 45-401 through 45-413, 75-2925 through 75-2975, 75-3701 through 75-37,119, 75-4363, 75-4701 through 75-4744, and 77-501 through 77-550 and 75-4362, and amendments thereto.
History: L. 2004, ch. 112, § 54; July 1.
If any provision of this act, or the acts contained in this act, or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the act, or the acts contained in this act, which can be given effect without the invalid provision or application, and to this end the provisions of this act, and the acts contained in this act, are severable.
History: L. 2004, ch. 112, § 50; July 1.
K.S.A. 74-99b31 to 74-99b35, inclusive, and amendments thereto, shall be known and may be cited as the emerging industry investment act.
History: L. 2004, ch. 112, § 18; July 1.
The purpose of the emerging industry investment act is to foster the growth of the bioscience in Kansas, to make Kansas a national leader in bioscience, and to make Kansas a desirable location for bioscience entities to locate and grow. In so doing, the emerging industry investment act will foster employment, encourage research and development, investment in real property and improvements, investment in equipment and supplies, the employment of eminent scholars and rising star scholars by the state universities and the Kansas bioscience authority, or both, and will lead to bioscience discoveries and products.
History: L. 2004, ch. 112, § 19; July 1.
As used in the emerging industry investment act, and amendments thereto, the following words and phrases shall have the following meanings unless a different meaning clearly appears from the content:
(a) "Authority" means the Kansas bioscience authority as created by K.S.A. 74-99b04, and amendments thereto.
(b) "Base year taxation" means 95% of the 2003 state withholding taxes of bioscience employees working for bioscience companies and state universities currently located in or operating in the state. The base year taxation may be adjusted in future years to account for the addition of new bioscience companies and the identification of existing bioscience companies inadvertently omitted from prior determinations. When a bioscience company is added, the base year taxation shall be amended by 95% of the company's 2003 state withholding taxes, if any.
(c) "Bioscience" means the use of compositions, methods and organisms in cellular and molecular research, development and manufacturing processes for such diverse areas as pharmaceuticals, medical therapeutics, medical diagnostics, medical devices, medical instruments, biochemistry, microbiology, veterinary medicine, plant biology, agriculture, industrial, environmental, and homeland security applications of bioscience and future developments in the biosciences. Bioscience includes biotechnology and life sciences.
(d) "Bioscience company" or "bioscience companies" means a corporation, limited liability company, S corporation, partnership, registered limited liability partnership, foundation, association, nonprofit entity, sole proprietorship, business trust, person, group or other entity that is engaged in the business of bioscience in the state and has business operations in the state, including, without limitation, research, development, sales, services, distribution or production directed towards developing or providing bioscience products or processes for specific commercial or public purposes but shall not include entities engaged in the distribution or retail sale of pharmaceuticals or other bioscience products. The authority and the secretary of revenue shall jointly determine whether an entity qualifies as a "bioscience company" based on verifiable evidence. One of the factors that shall be considered is whether a company has been identified by the department of labor by one of the following NAICS codes: 325411, 325412, 325413, 325414, 325193, 325199, 325311, 325320, 334516, 339111, 339112, 339113, 334510, 334517, 339115, 621511, 621512, 541710, 541380, 541940 and 622110. Such company shall be presumed to be a bioscience company unless the authority and the secretary of revenue agree, based on verifiable evidence, that the company is not engaged in the business of bioscience in the state. A company identified by another NAICS code may be determined to be a bioscience company by the authority and the secretary of revenue based on verifiable evidence that the company is engaged in the business of bioscience in the state. From and after July 1, 2014, the authority and the secretary of revenue, based upon verifiable evidence, may determine that a company which has previously been determined to be a bioscience company shall no longer be considered to be a bioscience company for the purposes of the emerging industry investment act.
(e) "Bioscience development and investment fund" means the fund created by K.S.A. 74-99b34, and amendments thereto.
(f) "Bioscience employee" means any employee, officer or director of a bioscience company who is employed in the 2003 tax year or after December 31, 2003, and who is also a state taxpayer and any employee of state universities who is associated with bioscience research in the 2003 tax year or after December 31, 2003, and who is also a state taxpayer.
(g) "Bioscience research" means any original investigation for the advancement of scientific or technological knowledge of bioscience and any activity that seeks to utilize, synthesize, or apply existing knowledge, information or resources to the resolution of a specific problem, question or issue of bioscience.
(h) "Biotechnology" means those fields focusing on technological developments in such areas as molecular biology, genetic engineering, genomics, proteomics, physiomics, nanotechnology, biodefense, biocomputing and bioinformatics and future developments associated with biotechnology.
(i) "Board" means the board of directors of the authority.
(j) "Eminent scholar" means world-class, distinguished and established investigators recognized nationally for their research, achievements and ability to garner significant federal funding on an annual basis. Eminent scholars are recognized for their scientific knowledge and entrepreneurial spirit to enhance the innovative research that leads to economic gains. Eminent scholars are either members of or likely candidates for the national academy of sciences or other prominent national academic science organizations.
(k) "Life sciences" means, without limitation, the areas of medical sciences, pharmaceutical sciences, biological sciences, zoology, botany, horticulture, ecology, toxicology, organic chemistry, physical chemistry and physiology and any future advances associated with the life sciences.
(l) "NAICS" means the north American industry classification system.
(m) "Rising star scholar" means up-and-coming distinguished investigators growing in their national reputations in their fields, who are active and demonstrate leadership in their associated professional societies, and who attract significant federal research grant support. Rising star scholars would be likely candidates for the national academy of science or other prominent national academic science organizations in the future.
(n) "State" means the state of Kansas.
(o) "State universities" includes state educational institutions as defined in K.S.A. 76-711, and amendments thereto, and the municipal university as defined in K.S.A. 74-3201b, and amendments thereto.
(p) "Subsequent year taxation" means 95% of all state withholding taxes payable by bioscience companies that commence operating in the state after December 31, 2003, and 95% of withholding associated with new bioscience employees added to bioscience companies and state universities and associated with growth of the existing bioscience employee withholding base after December 31, 2003.
(q) "Taxpayer" means a person, corporation, limited liability company, S corporation, partnership, registered limited liability partnership, foundation, association, nonprofit entity, sole proprietorship, business trust, group or other entity that is subject to the Kansas income tax act, K.S.A. 79-3201 et seq., and amendments thereto.
(r) "This act" means the emerging industry investment act.
History: L. 2004, ch. 112, § 20; L. 2005, ch. 75, § 1; L. 2014, ch. 20, § 1; July 1.
(a) The bioscience development and investment fund is hereby created. The bioscience development and investment fund shall not be a part of the state treasury and the funds in the bioscience development and investment fund shall belong exclusively to the authority.
(b) Distributions from the bioscience development and investment fund shall be for the exclusive benefit of the authority, under the control of the board and used to fulfill the purpose, powers and duties of the authority pursuant to the provisions of K.S.A. 74-99b01 et seq., and amendments thereto.
(c) The secretary of revenue and the authority shall establish the base year taxation for all bioscience companies and state universities. The secretary of revenue, the authority and the board of regents shall establish the number of bioscience employees associated with state universities and report annually and determine the increase from the taxation base annually. The secretary of revenue and the authority may consider any verifiable evidence, including, but not limited to, the NAICS code assigned or recorded by the department of labor for companies with employees in Kansas, when determining which companies should be classified as bioscience companies.
(d) (1) Except as provided in subsection (h), for a period of 15 years from the effective date of this act, the state treasurer shall pay annually 95% of withholding above the base, as certified by the secretary of revenue, upon Kansas wages paid by bioscience employees to the bioscience development and investment fund. Such payments shall be reconciled annually. On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the bioscience development and investment fund interest earnings based on:
(A) The average daily balance of moneys in the bioscience development and investment fund for the preceding month; and
(B) the net earnings rate of the pooled money investment portfolio for the preceding month.
(2) There is hereby established in the state treasury the center of innovation for biomaterials in orthopaedic research – Wichita state university fund, which shall be administered by Wichita state university. All moneys credited to the fund shall be used for research and development. All expenditures from the center of innovation for biomaterials in orthopaedic research – Wichita state university fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to expenditures approved by the president of Wichita state university or by the person or persons designated by the president of Wichita state university.
(3) There is hereby established in the state treasury the national bio agro-defense facility fund, which shall be administered by Kansas state university in accordance with the strategic plan adopted by the governor's national bio agro-defense facility steering committee. All moneys credited to the fund shall be used in accordance with the governor's national bio agro-defense facility steering committee's plan with the approval of the president of Kansas state university. All expenditures from the national bio agro-defense facility fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to expenditures approved by the steering committee and the president of Kansas state university or by the person or persons designated by the president of Kansas state university.
(e) The cumulative amounts of funds paid by the state treasurer to the bioscience development and investment fund shall not exceed $581,800,000.
(f) The division of post audit is hereby authorized to conduct a post audit in accordance with the provisions of the legislative post audit act, K.S.A. 46-1106 et seq., and amendments thereto.
(g) At the direction of the authority, the fund may be held in the custody of and invested by the state treasurer, provided that the bioscience development and investment fund shall at all times be accounted for in a separate report from all other funds of the authority and the state.
(h) During fiscal years 2025, 2026 and 2027, no moneys shall be transferred from the state general fund to the bioscience development and investment fund pursuant to subsection (d)(1).
History: L. 2004, ch. 112, § 21; L. 2005, ch. 75, § 2; L. 2011, ch. 118, § 191; L. 2012, ch. 175, § 156; L. 2013, ch. 136, § 268; L. 2014, ch. 142, § 113; L. 2015, ch. 104, § 239; L. 2016, ch. 12, § 109; L. 2016, ch. 111, § 53; L. 2017, ch. 104, § 234; L. 2019, ch. 68, § 170; L. 2020, ch. 5, § 162; L. 2021, ch. 98, § 177; L. 2022, ch. 81, § 180; L. 2023, ch. 82, § 177; L. 2024, ch. 88, § 185; L. 2025, ch. 117, § 199; April 25.
History: L. 2004, ch. 112, § 21; L. 2005, ch. 75, § 2; L. 2011, ch. 118, § 191; L. 2012, ch. 175, § 156; L. 2013, ch. 136, § 268; L. 2014, ch. 20, § 2; Repealed, L. 2015, ch. 100, § 17; July 1.
On and after January 1, 2006, it shall be the duty of the department of revenue to prepare an annual report evaluating the cost effectiveness of the various income tax credits and sales tax exemptions enacted to encourage economic development within this state and submit the same to the standing committees on taxation and economic development of the house and assessment and taxation and commerce of the senate at the beginning of each regular session of the legislature.
History: L. 2004, ch. 112, § 22; July 1.
K.S.A. 74-99b41 to 74-99b45, inclusive, and amendments thereto, shall be known and may be cited as the bioscience development financing act.
History: L. 2004, ch. 112, § 23; July 1.
The purpose of the bioscience development financing act is to foster the growth of bioscience in Kansas, to make Kansas a national leader in bioscience, and to make Kansas a desirable location for bioscience entities to locate and grow. In so doing, the Kansas bioscience development financing act will foster employment, encourage research and development, investment in real property and improvements, investment in equipment and supplies and lead to bioscience discoveries and products.
History: L. 2004, ch. 112, § 24; July 1.
(a) The Kansas development finance authority is hereby authorized to issue special obligation bonds pursuant to K.S.A. 74-8901 et seq., and amendments thereto, in one or more series to finance the undertaking of any bioscience development project in accordance with the provisions of this act. No special obligation bonds may be issued pursuant to this section unless the Kansas development finance authority has received a resolution of the board of the authority requesting the issuance of such bonds. Such special obligation bonds shall be made payable, both as to principal and interest from one or more of the following, as directed by the authority:
(1) From ad valorem tax increments allocated to, and paid into the bioscience development bond fund for the payment of the project costs of a bioscience development project under the provisions of this section;
(2) from any private sources, contributions or other financial assistance from the state or federal government;
(3) from a pledge of a portion or all of the revenue received from transient guest, sales and use taxes collected pursuant to K.S.A. 12-1696 et seq., 79-3601 et seq., 79-3701 et seq. and 12-187 et seq., and amendments thereto, and which are collected from taxpayers doing business within that portion of the bioscience development district and paid into the bioscience development bond fund;
(4) from a pledge of a portion or all increased revenue received by any city from franchise fees collected from utilities and other businesses using public right-of-way within the bioscience development district; or
(5) by any combination of these methods.
(b) All tangible taxable property located within a bioscience development district shall be assessed and taxed for ad valorem tax purposes pursuant to law in the same manner that such property would be assessed and taxed if located outside such district, and all ad valorem taxes levied on such property shall be paid to and collected by the county treasurer in the same manner as other taxes are paid and collected. Except as otherwise provided in this section, the county treasurer shall distribute such taxes as may be collected in the same manner as if such property were located outside a bioscience development district. Each bioscience development district established under the provisions of this act shall constitute a separate taxing unit for the purpose of the computation and levy of taxes.
(c) Beginning with the first payment of taxes which are levied following the date of the establishment of the bioscience development district real property taxes received by the county treasurer resulting from taxes which are levied subject to the provisions of this act by and for the benefit of a taxing subdivision, as defined in K.S.A. 12-1770a, and amendments thereto, on property located within such bioscience development district constituting a separate taxing unit under the provisions of this section, shall be divided as follows:
(1) From the taxes levied each year subject to the provisions of this act by or for each of the taxing subdivisions upon property located within a bioscience development district constituting a separate taxing unit under the provisions of this act, the county treasurer first shall allocate and pay to each such taxing subdivision all of the real property taxes collected which are produced from the base year assessed valuation.
(2) Any real property taxes, except for property taxes levied for schools pursuant to K.S.A. 72-5142, and amendments thereto, produced from that portion of the current assessed valuation of real property within the bioscience development district constituting a separate taxing unit under the provisions of this section in excess of the base year assessed valuation shall be allocated and paid by the county treasurer to the bioscience development bond fund to pay the bioscience development project costs including the payment of principal and interest on any special obligation bonds to finance, in whole or in part, such bioscience development projects.
(d) The authority may pledge the bioscience development bond fund or other available revenue to the repayment of such special obligation bonds prior to, simultaneously with, or subsequent to the issuance of such special obligation bonds.
(e) Any bonds issued under the provisions of this act and the interest paid thereon, unless specifically declared to be taxable in the authorizing resolution of the Kansas development finance authority, shall be exempt from all state, county and municipal taxes, and the exemption shall include income, estate and property taxes.
History: L. 2004, ch. 112, § 28; L. 2015, ch. 4, § 71; L. 2017, ch. 95, § 100; July 1.
(a) The bioscience development bond fund is hereby created. The bioscience development bond fund shall not be a part of the state treasury and the funds in the bioscience development bond fund shall belong exclusively to the authority. A separate account within the bioscience development bond fund will be created for each bioscience development district created pursuant to this act and subaccounts may be created for each bioscience development project or portion thereof.
(b) Distributions from a bioscience development bond fund shall be used to pay the bioscience development project costs undertaken in a bioscience development district, including principal and interest on special obligation bonds or other obligations issued by the Kansas development finance authority to finance, in whole or in part, a bioscience development.
(c) The state treasurer shall credit all revenue collected or received from a bioscience development district as certified by the secretary of revenue to that bioscience development district's account in the bioscience development bond fund. On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the bioscience development bond fund interest earnings based on:
(1) The average daily balance of moneys in the bioscience development bond fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) At the direction of the authority, the fund may be held in the custody of and invested by the department of administration or the state treasurer provided that the bioscience development bond fund shall at all times be accounted for separate and apart from all other funds of the authority and the state.
History: L. 2004, ch. 112, § 29; July 1.
Notwithstanding any other provision of law, it is hereby stated that it is an object of all ad valorem taxes levied by or for the benefit of any city or county on taxable tangible real property located within any bioscience development district created pursuant to this act, that such taxes may be applied and allocated to and when collected paid into the bioscience development bond fund pursuant to the procedures and limitations of this act to pay the cost of a bioscience development project, including principal and interest on special obligation bonds issued to finance, in whole or in part, such bioscience development project.
History: L. 2004, ch. 112, § 30; July 1.
K.S.A. 74-99b51 to 74-99b53, inclusive, and amendments thereto, shall be known and may be cited as the bioscience tax investment incentive act.
History: L. 2004, ch. 112, § 31; July 1.
The purpose of the bioscience tax investment incentive act is to make Kansas the most desirable state in which to conduct the business of bioscience. The bioscience tax investment incentive act will incentivize individuals and organizations engaged in the business of bioscience to locate and grow in the state in order to make Kansas a national leader in bioscience, create new jobs, foster economic growth, advance scientific knowledge and improve the quality of life for the citizens of the state. The bioscience tax investment incentive act promotes private research and development, investment in real property and improvements, and investment in equipment and supplies to enhance bioscience research and commercialization of bioscience products and technologies in the state.
History: L. 2004, ch. 112, § 32; July 1.
(a) For taxable years commencing after December 31, 2004, any bioscience company as defined in K.S.A. 74-99b33, and amendments thereto, may be allowed a payment from the bioscience authority not to exceed 50% of such bioscience company's Kansas net operating loss incurred during the claimed taxable year.
(b) In no event shall the total amount of payments authorized and made by the bioscience authority pursuant to subsection (a) exceed $1,000,000 for any one fiscal year.
(c) The department of revenue shall annually certify to the bioscience authority any bioscience company claiming the payment, the amount of Kansas net operating loss claimed and the payment due to the bioscience company. The bioscience authority may thereafter make the payment to the bioscience company.
(d) The secretary of revenue shall adopt rules and regulations to implement the provisions of this section.
History: L. 2004, ch. 112, § 33; July 1.
K.S.A. 74-99b61 to 74-99b68, inclusive, and amendments thereto, shall be known and may be cited as the bioscience research and development voucher program act.
History: L. 2004, ch. 112, § 34; July 1.
The bioscience research and development voucher program act will incentivize individuals and organizations engaged in the business of bioscience to locate and grow in the state in order to make Kansas a national leader in bioscience, advance scientific knowledge, promote research and development, and improve the quality of life for the citizens of the state.
History: L. 2004, ch. 112, § 35; July 1.
As used in the bioscience research and development voucher program act, and amendments thereto, the following words and phrases have the following meanings unless a different meaning clearly appears from the content:
(a) "Authority" means the Kansas bioscience authority as created by K.S.A. 74-99b04, and amendments thereto.
(b) "Bioscience" means, without limitation, the use of compositions, methods and organisms in cellular and molecular research, development and manufacturing processes for such diverse areas as pharmaceuticals, medical therapeutics, medical diagnostics, medical devices, medical instruments, biochemistry, microbiology, veterinary medicine, plant biology, agriculture, industrial, environmental and homeland security applications of bioscience and future developments in the biosciences. Bioscience includes biotechnology and life sciences.
(c) "Bioscience research" means any investigation for the advancement of scientific or technological knowledge of bioscience and any activity that seeks to utilize, synthesize, or apply existing knowledge, information or resources to the resolution of a specific problem, question or issue of bioscience.
(d) "Bioscience research institutions" means all universities and colleges located in the state of Kansas conducting bioscience research.
(e) "Biotechnology" means, without limitation, those fields focusing on technological developments in such areas as molecular biology, genetic engineering, genomics, proteomics, physiomics, nanotechnology, biodefense, biocomputing, bioinformatics and future developments associated with biotechnology.
(f) "Life sciences" means the areas of medical sciences, pharmaceutical sciences, biological sciences, zoology, botany, horticulture, ecology, toxicology, organic chemistry, physical chemistry, physiology and any future advances associated with life sciences.
(g) "Qualified company" means a Kansas company conducting bioscience research and development that may be granted a funding voucher.
(h) "State" means the state of Kansas.
(i) "This act" means the bioscience research and development voucher program act.
History: L. 2004, ch. 112, § 36; L. 2011, ch. 104, § 40; July 1.
(a) There is established and created in the state treasury a fund entitled the bioscience research and development voucher fund for the purpose of enabling Kansas companies conducting bioscience research and development to undertake bioscience research and development work in the state in partnership with bioscience research institutions.
(b) The bioscience research and development voucher fund may receive state appropriations, gifts, grants, federal funds, revolving funds and any other public or private funds.
(c) Moneys deposited in the bioscience research and development voucher fund shall be disbursed by the state treasurer with the consent of the chairperson of the authority.
(d) Any unallocated or unencumbered balances in the bioscience research and development voucher fund shall not be subject to appropriation and shall be invested in the bioscience authority, and any income earned from the investments along with the unallotted or unencumbered balances in the bioscience research and development voucher fund shall not lapse, and shall be made available solely for the purposes and benefits of the bioscience research and development voucher program act.
History: L. 2004, ch. 112, § 37; July 1.
(a) There is created and established under the authority a bioscience research and development voucher program to provide vouchers to Kansas companies conducting bioscience research and development to undertake bioscience research and development work in partnership with bioscience research institutions.
(b) The purpose of the bioscience research and development voucher program is to:
(1) Accelerate the transfer of bioscience knowledge and technological innovation, improve economic competitiveness and stimulate economic growth in Kansas companies conducting bioscience research and development;
(2) support bioscience research and development activities in order to develop commercial products, processes or services;
(3) stimulate bioscience enterprises within the state; and
(4) encourage partnerships and collaborative bioscience projects between private enterprises, Kansas companies conducting bioscience research and development and bioscience research institutions.
History: L. 2004, ch. 112, § 38; July 1.
(a) The authority shall review applications and to certify whether an applicant is a qualified company.
(b) The authority shall develop application criteria and an application process subject to the following limitations. The proposed bioscience research and development project must be likely to:
(1) Produce a measurable result and be technically sound;
(2) lead to innovative technology or new knowledge;
(3) lead to commercially successful products, processes or services;
(4) stimulate economic growth; or
(5) enhance employment opportunities within the state.
(c) As part of the application process, the applicant shall provide the following information to the authority:
(1) Verification that the applicant is a Kansas company conducting bioscience research and development;
(2) a technical research plan that is sufficient for outside expert review;
(3) a detailed financial analysis that includes the commitment of resources by the applicant and others;
(4) sufficient detail concerning proposed project partners, type and amount of work to be performed by each partner and expected product or service with estimated costs to be reflected in the negotiated contract or agreement; and
(5) a statement of the economic development potential of the project.
(d) Before providing the qualified company with a certificate authorizing voucher funding from the authority, the authority may negotiate with the qualified company the ownership of patents, copyrights, trademarks, proprietary technology and any other intellectual property rights, royalties and equity relating to the bioscience research and development project on behalf of the research and development voucher fund for the purpose of reinvesting and sustaining a continuous fund to carry out the provisions of this act.
History: L. 2004, ch. 112, § 39; L. 2011, ch. 104, § 41; July 1.
(a) Project funding in the bioscience research and development voucher program shall have the following limitations:
(1) At least 51% of any voucher award funds from the bioscience research and development fund shall be expended with the bioscience research institution under contract and shall not exceed 50% of the cost of the research;
(2) the maximum amount of voucher funds awarded to a qualified company shall not exceed $1,000,000, each year for two years, equal to a maximum of $2,000,000 and shall be up to and not exceed 50% cost of the research; and
(3) at a minimum, the qualified company shall match the project award by a one-to-one dollar ratio for each year of the project. The authority has sole discretion to authorize an in-kind contribution in lieu of part of the industry match if the authority determines that the financial limitations of the qualified company warrant this authorization.
History: L. 2004, ch. 112, § 40; July 1.
(a) There is hereby established in the state treasury the bioscience research and development voucher — federal fund for the purpose of providing matching federal moneys to enable qualified companies to undertake authority approved bioscience research and development projects in partnership with bioscience research institutions.
(b) The bioscience research and development voucher — federal fund shall receive all federal moneys obtained from federal sources for bioscience research and development.
(c) Federal moneys deposited in the bioscience research and development voucher — federal fund shall be disbursed by the state treasurer with the consent of the chairperson of the authority.
(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the bioscience research and development voucher — federal fund interest earnings based on:
(1) The average daily balance of moneys in the bioscience research and development voucher — federal fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 2004, ch. 112, § 51; L. 2005, ch. 75, § 3; July 1.
K.S.A. 74-99b81 to 74-99b89, inclusive, and amendments thereto, shall be known and may be cited as the bioscience research matching funds act.
History: L. 2004, ch. 112, § 41; July 1.
In order to be competitive in our economic and educational endeavors, it is critical that Kansas make bioscience research and development a priority that is specifically targeted to improving our national ranking in bioscience research and development at bioscience research institutions. The commitment necessary to improve Kansas' performance requires significant investment in bioscience research and development. Matching funds will be available to match research dollars from federal, private and other sources of funding.
History: L. 2004, ch. 112, § 42; July 1.
As used in the bioscience research matching funds act, and amendments thereto, the following words and phrases have the following meanings unless a different meaning clearly appears from the content:
(a) "Authority" means the Kansas bioscience authority as created by K.S.A. 74-99b04, and amendments thereto.
(b) "Board" means the board of directors of the authority.
(c) "Bioscience" means the use of compositions, methods and organisms in cellular and molecular research, development and manufacturing processes for such diverse areas as pharmaceuticals, medical therapeutics, medical diagnostics, medical devices, medical instruments, biochemistry, microbiology, veterinary medicine, plant biology, agriculture, industrial, environmental and homeland security applications of bioscience and future developments in the biosciences. Bioscience includes biotechnology and life sciences.
(d) "Bioscience research" means any investigation for the advancement of scientific or technological knowledge of bioscience and any activity that seeks to utilize, synthesize, or apply existing knowledge, information or resources to the resolution of a specific problem, question or issue of bioscience.
(e) "Bioscience research institutions" means all universities and colleges located in the state of Kansas conducting bioscience research.
(f) "Biotechnology" means, without limitation, those fields focusing on technological developments in such areas as molecular biology, genetic engineering, genomics, proteomics, physiomics, nanotechnology, biodefense, biocomputing, bioinformatics and future developments associated with biotechnology.
(g) "Life sciences" means, without limitation, the areas of medical sciences, pharmaceutical sciences, biological sciences, zoology, botany, horticulture, ecology, toxicology, organic chemistry, physical chemistry, physiology and any future advances associated with life sciences.
(h) "State" means the state of Kansas.
(i) "This act" means the bioscience research matching funds act.
History: L. 2004, ch. 112, § 43; July 1.
(a) There is hereby created the bioscience research matching fund.
(b) The bioscience research matching fund shall be administered by the authority and shall be for the benefit of bioscience research institutions.
(c) In order to qualify for the bioscience research and development moneys to be made available through the bioscience research matching fund, recipients must be a bioscience research institution. Bioscience research institutions are eligible and encouraged to jointly apply for funds from the bioscience research matching fund. The bioscience research matching fund shall be used to promote bioscience research and to recruit, employ, fund and endow bioscience faculty, research positions and scientists at universities in the state.
History: L. 2004, ch. 112, § 44; July 1.
(a) In order to obtain moneys from the bioscience research matching fund:
(1) A bioscience research institution must provide the authority with the research grant proposal for federal, state or private funds submitted with a letter of intent to apply for a match to one of the funding agencies identified in K.S.A. 74-99b87, and amendments thereto; and
(2) a bioscience research institution shall apply to the authority for a match from the bioscience research matching fund in writing within two weeks of the notice of a grant award of federal, state or private funds, and include an approved budget and an official notice of the grant award from the funding agency.
(b) Upon receipt of an application to receive funds to match federal funds from one of the funding agencies identified in K.S.A. 74-99b87, and amendments thereto, the authority shall determine the eligibility for matching funds based on a finding that the bioscience research will have economic or commercial value to the state.
(c) The authority shall promptly review applications for matching funds for consistency with this act.
(d) The board shall ensure that no commitments for matching funds shall be made in excess of funds available for any given year.
History: L. 2004, ch. 112, § 45; July 1.
(a) The matching funds authorized by this act are to be used to attract federal funds to the state for bioscience research and to create endowment-funded positions for bioscience faculty, research positions and scientists at bioscience research institutions.
(b) The board may approve multi-year bioscience research grants.
History: L. 2004, ch. 112, § 46; July 1.
Funds used under the provisions of this act shall adhere to the following criteria:
(a) Be used for the purposes of matching an approved grant from a federal agency, including, without limitation, any of the following:
(1) The national science foundation;
(2) the national institutes of health;
(3) the department of agriculture;
(4) the environmental protection agency;
(5) the department of education;
(6) the national aeronautics and space administration;
(7) the department of energy;
(8) the department of defense;
(9) the department of homeland security;
(10) the department of transportation; and
(11) the department of commerce.
(b) Proposals for federal funds that contain a specific state or federal match requirement, for the purposes of this act, shall not be matched at a rate of more than 50%, except that any portion of the match over 50% may be borne by the bioscience research institution;
(c) proposals for federal funds that do not contain a specific state or federal match requirement, for the purposes of this article, shall not be matched at a rate of more than 10%, provided that the state share is matched dollar for dollar by the college or bioscience research institution for a combined match of not more than 20%, except that any portion of the match over 20% may be borne by the bioscience research institution; and
(d) a state financial match requirement of at least $20,000 for equipment matching and at least $50,000 for research project matching.
History: L. 2004, ch. 112, § 47; July 1.
The authority shall present a report on the use of funds from the bioscience research matching fund by April 1 of each even-numbered year to the governor's office and the Kansas legislature.
History: L. 2004, ch. 112, § 48; July 1.
The authority has the authority to establish guidelines by which eligible bioscience research institutions may receive funds from the bioscience research matching fund.
History: L. 2004, ch. 112, § 49; July 1.
K.S.A. 74-99c01 through 74-99c11, and amendments thereto, shall be known and may be cited as the center for entrepreneurship act.
History: L. 2004, ch. 112, § 55; July 1.
As used in this act, unless the context clearly requires otherwise:
(a) "Banking industry" means banks, savings and loan associations and credit unions;
(b) "contribution" means and includes the donation of cash or property other than used clothing in an amount or value of $250 or more. Contributions shall be valued as follows:
(1) Stocks and bonds contributed shall be valued at the stock market price on the date of transfer;
(2) personal property items contributed shall be valued at the lesser of the item's fair market value or cost to the donor and may be inclusive of costs incurred in making the contribution. Such value shall not include sales tax;
(3) contributions of real estate are allowable for credit only when title of such real estate is in fee simple absolute and is clear of any encumbrances; and
(4) the amount of credit allowable shall be based upon the lesser of two current independent appraisals conducted by state licensed appraisers;
(c) "center" means the Kansas center for entrepreneurship;
(d) "department" means the department of commerce;
(e) "distressed community" means an area in which 20% or more of the population of all ages for each census tract located within the area has an income below poverty level as reported in the most recently completed decennial census published by the United States bureau of the census;
(f) "fund" means the Kansas community entrepreneurship fund;
(g) "contributor" means a person or entity making a contribution to the Kansas center for entrepreneurship;
(h) "Kansas business" means any business owned by an individual, any partnership, association or corporation domiciled in Kansas, or any corporation, even if a wholly owned subsidiary of a foreign corporation, that does business primarily in Kansas or does substantially all of its production in Kansas;
(i) "member" means a member of the board of directors;
(j) "qualified entrepreneur" means an entrepreneur who has exhibited a financial commitment to the business or who has proven business experience or who possesses either a bachelor or master of business administration degree or who has completed course work as directed by the Kansas center for entrepreneurship that certifies the individual as a qualified entrepreneur;
(k) "regional and community organization" means a not-for-profit organization properly organized under Kansas statutes to provide funds to start-up entrepreneurs through loans, grants or agreements with financial institutions;
(l) "rural community" means any city having a population of fewer than 50,000 or except as otherwise provided, any unincorporated area. Unincorporated areas within any county having a population of more than 100,000 are not eligible;
(m) "secretary" means the secretary of the department of commerce; and
(n) "seed capital" means financing that is provided for the development, refinement and commercialization of a product, process or innovation whether for the startup of a new firm, the expansion or the restructuring of a small firm.
History: L. 2004, ch. 112, § 56; L. 2006, ch. 201, § 2; July 1.
(a) There is hereby created a body politic and corporate to be known as the Kansas center for entrepreneurship. The secretary of commerce, after consulting with the board of directors, shall enter into a contractual agreement for the operation of the center. The center's exercise of all the rights, powers and privileges conferred by this act and shall be deemed and held to be the performance of an essential government function.
(b) The center shall be governed by a board of 10 directors. The board of directors shall be appointed by the secretary of commerce and shall be comprised of individuals who have demonstrated entrepreneurial success, including one member from each of the following organizations:
(1) Three at-large entrepreneurs,
(2) an agricultural entrepreneur knowledgeable in biosciences,
(3) banking industry,
(4) travel/tourism industry,
(5) enterprise facilitation,
(6) Kansas chamber of commerce and industry,
(7) Kansas small business development centers, and
(8) national federation of independent businesses.
(c) (1) Members shall serve for a term of four years and until such members' successors are appointed, except that, of the members first appointed, three shall serve for a term of two years, three shall serve for a term of three years and two shall serve for a term of four years.
(2) In case of a vacancy by a member, a successor shall be appointed in like manner and subject to the same qualifications and conditions as the original appointment of the member creating the vacancy and shall serve the remainder of the unexpired portion of the term.
(d) The secretary of commerce shall organize and schedule the first meeting of the board, at which time the board shall choose a chairperson and may appoint committees from its members as necessary.
(e) The board of directors shall meet at least four times a year and at such other times as it deems appropriate or upon call of the chairperson or upon the written request of a majority of the members of the board.
(f) Members of the board of directors attending board meetings or committee meetings thereof authorized by the center, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
(g) Members of the board of directors, in their dealings with enterprises that may receive financing through the corporation, shall declare any potential conflict of interest and abstain from voting prior to taking any actions relating to that transaction.
(h) The board of directors shall hold all board meetings within the state of Kansas.
(i) Members of the board of directors may serve multiple terms.
(j) A member appointed to the board of directors may be removed by the secretary for cause, stated in writing, after a hearing thereon.
(k) A majority of the total voting membership of the board shall constitute a quorum for meetings. The board may act by a majority of those at any meeting where a quorum of the board is present.
(l) Before assuming office, each person appointed as a member of the board of directors shall complete and file with the office of the secretary of state a statement containing the information required in a statement of substantial interest pursuant to K.S.A. 46-247, and amendments thereto.
(m) The board of directors shall:
(1) Consult with and make a recommendation to the secretary concerning the awarding of the contract for the Kansas center for entrepreneurship;
(2) make recommendations to the Kansas center for entrepreneurship regarding its policies and procedures;
(3) review and evaluate the Kansas center for entrepreneurships' annual report in light of this act's purpose, policy and procedures and current economic conditions, and, report its conclusions and recommendations to the secretary and the center;
(4) advise the secretary regarding any matter of impropriety involving the Kansas center for entrepreneurship of which it becomes aware; and
(5) carry out any other advisory or oversight function the secretary deems necessary to fulfill and further the purpose and intent of this act.
History: L. 2004, ch. 112, § 57; L. 2011, ch. 104, § 42; July 1.
(a) The purpose of the Kansas center for entrepreneurship is to enhance the quality of life for citizens of this state by providing increased availability of an accessibility to capital, particularly at the seed capital investment stage, encouraging wealth creation through new jobs that increase the wage base promoting new business development and encouraging individuals to invest in the Kansas center for entrepreneurship and to assist regional and community organizations in providing seed funding for entrepreneurs. The Kansas center for entrepreneurship shall:
(1) Create and review policies that support and grow traditional corporate, government, nonprofit and university entrepreneurs in Kansas;
(2) serve as the central portal for entrepreneurs seeking business assistance and financing options in Kansas by providing a seamless resource center clearinghouse and referral source, to include establishment of a website and a toll free telephone number;
(3) lead collaborative efforts between education, research and outreach services to serve potential entrepreneurs across the state;
(4) manage the center's interest-bearing accounts and develop policies and procedures to assure that moneys in such accounts are distributed to qualified entrepreneurs;
(5) organize a summit to recommend policy to foster an economic climate conducive to the development of an agricultural bioscience industry;
(6) work with the board of regents and Kansas board of education to create training and coursework in entrepreneurship for dissemination to elementary, secondary and vocational-technical schools, community colleges and universities; and
(7) prepare an annual report to the governor and the legislature detailing the operational and fund activity of the center and recommending a legislative agenda that will encourage growth in entrepreneurship.
(b) The Kansas center for entrepreneurship shall have all the powers necessary to achieve its purposes including the power to make contracts and execute all instruments necessary or convenient for carrying out its business.
History: L. 2004, ch. 112, § 58; L. 2007, ch. 179, § 30; July 1.
(a) The state shall provide an annual appropriation to fund the salaries and operating expenses of the center, as well as research and evaluation activities conducted at the request of the executive or legislative branches. Private funds and other funds may be raised to support the center in fulfillment of its purposes and duties.
(b) The center may carry out the purposes of this act by awarding funds to regional and community organizations that provide seed capital to qualified entrepreneurs with an emphasis on those located in distressed and rural communities, as defined in K.S.A. 74-99c02, and amendments thereto. The center may use up to 10% of its balance as of July 1 each year to administer the center. Awards of the remainder of the funds shall be made on a competitive basis.
(c) The Kansas center for entrepreneurship is authorized to enter into contracts with, and to receive donations, contributions and grants from individuals, corporations, private foundations and other governmental and non-governmental entities in fulfilling its purposes and duties. It may also receive in-kind contributions in the form of personnel, services, equipment or other items of value.
(d) An annual financial report shall be made to the board of directors which itemizes and accounts for the receipt and expenditure of all state and non-state funds and contributions received.
History: L. 2004, ch. 112, § 59; L. 2006, ch. 201, § 3; July 1.
History: L. 2004, ch. 112, § 60; Repealed, L. 2006, ch. 201, § 7; July 1.
(a) The Kansas center for entrepreneurship shall transmit annually to the governor, the secretary, the standing committee on commerce in the senate and the standing committee on commerce, labor and economic development in the house of representatives a report stating what tax credits have been issued during the preceding year and based on information provided by the regional or local community seed capital fund or economic development agency, describing the following: (1) The manner in which the purpose, as described in this act, has been carried out; (2) the total grants given to community seed capital funds or economic development agencies during the preceding year and cumulatively since the inception of this act; (3) the number of companies and jobs created or preserved by the grants given under this act and their location; and (4) an estimate of the multiplier effect on the Kansas economy of the grants made pursuant to this act.
(b) The center shall be subject to an audit by the legislative division of post audit.
History: L. 2004, ch. 112, § 61; L. 2012, ch. 65, § 26; L. 2013, ch. 134, § 20; July 1.
(a) Officers and employees of the Kansas center for entrepreneurship shall not be considered state employees, as such term is defined in any other statute or regulation, and shall be paid from appropriations to the center and moneys allocated in K.S.A. 74-99c05, and amendments thereto, for salaries and operating expenses. Subject to policies established by the Kansas center for entrepreneurship, the president of the Kansas center for entrepreneurship or the president's designee shall be authorized to approve all travel and travel expenses of such officers and employees.
(b) Nothing in this act or the act of which it is amendatory shall be construed as placing any officer of the Kansas center for entrepreneurship in the classified service under the Kansas civil service act.
History: L. 2004, ch. 112, § 62; L. 2007, ch. 179, § 31; July 1.
(a) Any money received by the center from any source shall be maintained in interest-bearing accounts in Kansas banks or Kansas savings and loan associations. Any accounts so maintained shall be administered by the center for entrepreneurship under guidelines developed and implemented by the center and approved by the secretary of commerce.
(b) The Kansas center for entrepreneurship shall be subject to audit by the legislative division of post audit in accordance with the provisions of the legislative post audit act.
(c) A credit against the tax imposed by article 32 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, on the Kansas taxable income of a contributor, against the tax imposed by K.S.A. 40-252, and amendments thereto, and for tax year 2019, and all tax years thereafter, against the privilege tax as measured by net income of financial institutions pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto shall be allowed for a contribution to the Kansas center for entrepreneurship. The credit shall be a total maximum amount equal to 75% of a contributor's donation to the Kansas center for entrepreneurship, subject to the limitation set forth. This tax credit may be used in its entirety in the taxable year in which the contribution is made. The provisions of this section shall be applicable to all taxable years beginning after December 31, 2004. If the amount by which that portion of the credit allowed by this section exceeds the contributor's liability in any one taxable year, the remaining portion of the credit may be carried forward until the total amount of the credit is used. If the contributor is a corporation having an election in effect under subchapter S of the federal internal revenue code or a partnership, the credit provided by this section shall be claimed by the shareholders of these corporations or the partners of a partnership in the same manner as these shareholders or partners account for their proportionate shares of the income or loss of these corporations or partnerships.
(d) The secretary of revenue shall not allow tax credits of more than $100,000 that are attributable to an individual contributor in the Kansas center for entrepreneurship each year. In no event shall the total amount of tax credits allowed under this section exceed $2,000,000 for any one fiscal year, except that for fiscal year 2011, the total amount of credits allowed under this section shall not exceed $1,800,000.
(e) The Kansas center for entrepreneurship, along with the department, shall develop a system for application for registration of an authorization of tax credits authorized pursuant to this act and shall control distribution of all tax credits to contributors pursuant to this act. The Kansas center for entrepreneurship, along with the department, shall also develop rules for the administration of and disbursements from its accounts.
(f) The Kansas center for entrepreneurship shall distribute funds to regional or local community seed capital funds or economic development agencies based on the following criteria: (1) The organization can provide a 40% match; (2) the organization provides a plan that assures funds will be used as seed capital for qualified entrepreneurs; (3) the funds will be used in a distressed or rural community; or (4) other criteria as deemed necessary by the Kansas center for entrepreneurship.
History: L. 2004, ch. 112, § 63; L. 2006, ch. 201, § 4; L. 2010, ch. 123, § 3; L. 2019, ch. 15, § 1; July 1.
History: L. 2004, ch. 112, § 64; L. 2007, ch. 179, § 32; Repealed, L. 2012, ch. 65, § 34; July 1.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 2004, ch. 112, § 65; July 1.
History: L. 2005, ch. 169, § 1; L. 2014, ch. 24, § 1; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 2; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 3; L. 2014, ch. 24, § 2; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 4; L. 2014, ch. 24, § 3; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 5; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 6; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 7; L. 2007, ch. 55, § 1; L. 2009, ch. 141, § 29; L. 2014, ch. 24, § 4; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 8; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 9; Repealed, L. 2014, ch. 24, § 5; July 1.
History: L. 2005, ch. 169, § 10; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 11; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 12; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2005, ch. 169, § 13; Repealed, L. 2016, ch. 48, § 4; May 19.
History: L. 2007, ch. 55, § 2; L. 2008, ch. 26, § 1; L. 2009, ch. 141, § 30; Repealed, L. 2016, ch. 48, § 4; May 19.
On the effective date of this act, the director of accounts and reports shall transfer $45,000 from the KETA administrative fund of the state corporation commission to the state general fund and transfer all remaining moneys in the KETA administrative fund and the KETA development fund of the state corporation commission to the public service regulation fund of the state corporation commission. On the effective date of this act, all liabilities of the KETA administrative fund and the KETA development fund of the state corporation commission are hereby transferred to and imposed on the public service regulation fund of the state corporation commission and the KETA administrative fund and the KETA development fund are hereby abolished.
History: L. 2016, ch. 48, § 1; May 19.
History: L. 2008, ch. 173, § 1; Expired, July 1, 2012.
History: L. 2008, ch. 173, § 2; L. 2009, ch. 126, § 4; L. 2012, ch. 65, § 27; Expired, July 1, 2012.
History: L. 2008, ch. 173, § 3; L. 2009, ch. 126, § 5; Expired, July 1, 2012.
History: L. 2008, ch. 173, § 4; L. 2009, ch. 126, § 6; Expired, July 1, 2012.
K.S.A. 74-99f01 through 74-99f09, and amendments thereto, may be known and cited as the Kansas one map act.
History: L. 2012, ch. 174, § 1; June 7.
Kansas one map requires the implementation of an overall Kansas land and geographic resources program through the use of a geographic information system which requires cooperative methods for development and maintenance of spatial data between state and local governments in Kansas.
History: L. 2012, ch. 174, § 2; June 7.
As used in K.S.A. 74-99f02 through 74-99f09, and amendments thereto, unless the context shows otherwise:
(a) "Board" means the Kansas geographic information systems policy board.
(b) "Geographic information" means data and datasets containing location information including, but not limited to, remotely sensed imagery, global positioning systems files, geospatially referenced computer-aided design files, digital cartographic products, spatially enabled databases, and geospatial datasets locating and describing features and their attributes on, above or under the earth.
(c) "Geographic information systems" or "GIS" is an information system capable of capturing, integrating, storing, editing, analyzing, managing, sharing and displaying geographic information. A GIS involves computer hardware, software, networks and applications, as well as the people to operate, develop, administer and use them.
(d) "Spatial data" is also known as geospatial data or geographic information and means the data or information that identifies the geographic location of features and boundaries on earth, such as natural or constructed features, oceans and more. Spatial data is usually stored as coordinates and topology and is data that can be mapped. Spatial data is often accessed, manipulated or analyzed through geographic information systems (GIS).
History: L. 2012, ch. 174, § 3; June 7.
(a) There is hereby established the Kansas geographic information systems policy board within the office of information technology services.
(b) The board shall consist of 23 members:
(1) The governor shall appoint 11 members as follows: Five representatives of local government, including cities, counties or local government consortia of cities, counties, non-profit and private sector enterprises. Such members may include, but are not limited to, representatives from city and county commissions or planning councils, tribal government, law enforcement, county clerks, county appraisers and emergency planning divisions; two representatives of the board of regents institutions; and two executives representing the private sector. Members from the private sector may include, but are not limited to, representatives from the trucking industry, utilities, telecommunications, publishers, agriculturalists, oil and gas industry, chambers of commerce, aircraft and auto industry and the banking community; and two representatives from relevant statewide businesses or professional organizations, such as statewide associations of groundwater management districts, emergency planning, law enforcement, licensed surveyors and other relevant technical professions or agriculture-related businesses.
(2) The remaining 12 members shall be:
(A) The executive chief information technology officer of the office of information technology services or such officer's designee;
(B) the director of the Kansas water office or such director's designee;
(C) the state biologist of the Kansas biological survey or the state biologist's designee;
(D) the state geologist of the Kansas geological survey or the state geologist's designee;
(E) the executive director of the Kansas historical society or such executive director's designee;
(F) the secretary of agriculture or such secretary's designee;
(G) the secretary of health and environment or such secretary's designee;
(H) the director of legislative research of the legislative research department or such director's designee;
(I) the secretary of revenue or such secretary's designee;
(J) the secretary of transportation or such secretary's designee;
(K) the state librarian or such librarian's designee; and
(L) the executive director of the information network of Kansas or such executive director's designee.
(c) Members appointed by the governor under subsection (b)(1) shall be appointed for a four-year term and until such member's successors are appointed and qualified, except as provided in subsection (d). Members not appointed by the governor under subsection (b)(1) shall serve consistent with their terms of office, employment or appointment.
(d) The governor may remove a member from the board for lack of attendance or lack of participation.
(e) The governor shall select a chairperson and vice-chairperson from among the members of the board who shall serve as chairperson and vice-chairperson at the discretion of the governor. The board may elect other officers among its members and may establish any committees deemed necessary to discharge its duties.
(f) Board members shall not receive compensation, subsistence allowance, mileage or associated expenses from the state. Officers or employees of state agencies who serve on the board shall be authorized to serve on the board as part of their duties.
History: L. 2012, ch. 174, § 4; June 7.
The board shall:
(a) Establish public and private partnerships throughout Kansas to maximize value, minimize cost and avoid redundant activities in the development and implementation of geographic information systems;
(b) foster efficient and secure methods for data sharing at all levels of government;
(c) coordinate, review and provide recommendations on geographic information systems programs and investments and provide assistance with dispute resolution among geographic systems partners;
(d) continue to establish Kansas' leadership role in the national effort to improve capabilities for sharing geographic information and ideas with other states;
(e) promote the use of geographic information systems technologies as tools to break through structural and administrative boundaries to collaborate on shared problems and enhance information analysis and decision-making processes within all levels of government;
(f) shall be a standing advisory committee to the information technology executive council and shall provide a copy of its annual report to the council, as well as to the governor and both houses of the legislature; and
(g) shall work jointly with officials from other state agencies, organizations and county, municipal and tribal governments, as well as with businesses and organizations in the private sector who are concerned with the efficient management of the state's geographic information systems resources.
History: L. 2012, ch. 174, § 5; June 7.
(a) There is hereby established the office of state geographic information systems officer who shall be appointed by the governor and who shall serve in the office of information technology services.
(b) The state geographic information systems officer shall:
(1) Implement Kansas one map, an enterprise statewide mapping strategy that: (A) Supports Kansas state entities and local governments as they foster economic vitality, manage resources, educate, save and restore the natural environment, advance health initiatives, ensure public safety and support science; and (B) enables state entities and local governments to better implement and coordinate policies and programs across Kansas;
(2) implement and maintain the Kansas data access and support center, an enterprise geospatial data clearinghouse to include a central store and catalog of Kansas data and mapping services available to all state entities and the public;
(3) recruit a technical committee and appoint the technical committee chair;
(4) provide oversight for the development of the Kansas one map program and monitor Kansas one map metrics;
(5) establish and manage a Kansas one map communications plan and provide for Kansas one map education;
(6) maintain a liaison relationship with state, federal, regional, county and municipal organizations;
(7) promote, advertise and market applications, capabilities, benefits and results of the Kansas one map program;
(8) assist in the identification and capturing of funding to support the Kansas one map program; and
(9) recommend to the executive chief information technology officer rules and regulations as may be necessary to implement the provisions of the Kansas one map act.
(c) The executive chief information technology officer may adopt rules and regulations to implement the provisions of the Kansas one map act.
History: L. 2012, ch. 174, § 6; June 7.
All state departments, agencies, commissions and boards shall cooperate with the Kansas geographic information systems policy board and the state geographic information systems officer in implementing the initiatives of Kansas one map.
History: L. 2012, ch. 174, § 7; June 7.
Funding for the Kansas data access and support center shall be continued through the office of information technology services and shall be directed to the Kansas geological survey which currently houses and supports this function.
History: L. 2012, ch. 174, § 8; June 7.
In order for the state geographic information systems officer to meet the goals set out in K.S.A. 74-99f05, and amendments thereto, such officer will be supported with other office of information services as needed and available for coordination, standards development and implementation of workshops to research and promote effective uses of the geographic information systems assets and tools to achieve economic and operational benefits from the Kansas one map resource.
History: L. 2012, ch. 174, § 9; June 7.
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